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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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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