Post Tagged with: "cba"

Setting the Record Straight on the Copyright Lobby’s Latest Smear Campaign

The National Post ran a story yesterday (picked up today by Terence Corcoran) focused on the efforts of a series of IP lawyers who represent the music, movie, and software industries (including copyright collectives) to pressure the Canadian Bar Association to withdraw its submission on Bill C-32 (now C-11). The submission isn’t particularly damaging to their clients’ interests, but it does demonstrate the deep divisions that exist within the legal profession about the government’s copyright reform bill, particularly the misgivings over the digital lock rules. Given the ongoing effort of these industries and their representatives to inaccurately paint Canada as a piracy haven and of the need to follow the U.S. approach on digital locks, it would seem that any crack in that armour is viewed as a threat. With false claims of plagiarism and insinuations of policy laundering, this post sets the record straight.

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March 8, 2012 14 comments News

Canadian Lawyers on C-32: Fix the Digital Lock Rules

The National Post runs a feature on the legal profession’s views on Bill C-32.  Several lawyers are quoted expressing concern with the digital lock rules.  The article concludes “ultimately, most lawyers suggest that the fair dealing definitions and exceptions should be broadened and consumers should have the right to break […]

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March 9, 2011 8 comments News

Canadian Bar Association Speaks Out On Bill C-32

The Canadian Bar Association, which represents 37,000 lawyers, law professors, and students from across the country, has released an important submission on Bill C-32.  The submission, which was approved as a public statement by both the National Intellectual Property and the Privacy and Access Law Sections of the CBA, does a nice job setting out the debate over Bill C-32 (I was once a member of the CBA’s Copyright Policy section but was not involved in the drafting of the Bill C-32 document).

The CBA submission is notable as a strong counter to the frequent attempts to characterize critics of digital lock rules or other elements of the bill as “anti-copyright.” Far from the claims that there is near unanimity in support of DMCA-style reforms, the CBA submission confirms that the legal experts who work on copyright issues on a daily basis are deeply divided on many issues. In fact, the CBA submission opens by noting:

The Intellectual Property and the Privacy and Access Law Sections of the Canadian Bar Association (CBA Sections) are pleased to comment on Bill C-32, the Copyright Modernization Act. Copyright is a controversial subject and engages the interests of a wide cross-section of Canadians. This includes copyright owners, who run the gamut from large entertainment conglomerates to self-employed artists, and copyright users, who include everyone from broadcasting corporations to teenagers downloading music in their parents’ basements. The copyright bar, similarly, holds a multiplicity of perspectives on copyright.

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February 8, 2011 13 comments News

Canadian Booksellers Association Seeks Changes To Parallel Import Laws

The Canadian Booksellers Association is seeking changes to the parallel import laws for books, currently governed by the Copyright Act.  The booksellers argue the limits are "no longer commercially reasonable and should be repealed."

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May 3, 2010 Comments are Disabled News

CBA Responds on Do-Not-Call List

The Vancouver Sun features a letter to the editor today from Canadian Bankers Association President Nancy Hughes Anthony on the do-not-call list and  The CBA professes support for the DNC, noting that "it's easy for Canadians to opt out of telemarketing calls.  Simply sign up for the national Do Not Call list."  Hughes Anthony neglects to mention that CBA members are exempt under the DNC where there is a prior or current business relationship.  Under the rules, that means your current bank gets to call for a wide array of additional services even if your number is on the DNC list.  Moreover, if you simply inquired with another bank about a mortgage rate or credit card offering, they can continue to call you for another six months.  The CBA has a history of defending its right to make these telemarketing calls.  In 2004, it made submissions to the CRTC asking that its members be excluded from new telemarketing rules, arguing that its practices "do not constitute 'undue inconvenience or nuisance'."

With respect to, the CBA raises three objections, of all of which were dismissed by CRTC Chair Konrad von Finckenstein. 

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August 8, 2008 5 comments News