Each April, the United States issues the Special 301 Report, which examines the intellectual property laws of its main trading partners. For the past 15 years, Canada has been included on the watch list of countries the U.S. believes need reform. As the U.S. prepares its 2010 edition, for the first time it invited the public to provide their comments on the process and the link between intellectual property and trade policy. My weekly technology law column (Toronto Star version, homepage version) notes that among the hundreds of submissions, one from the Computer and Communications Industry Association stands out as critically important to Canada.
Post Tagged with: "copyright"
Technology Giants Defend Canadian Copyright Law
Appeared in the Toronto Star on February 22, 2010 as Technology Giants Defend Canada's Copyright Law Each April, the United States issues the Special 301 Report, which examines the intellectual property laws of its main trading partners. For the past 15 years, Canada has been included on the watch list […]
The IIPA’s Opposition to Open Source Software
Digital Copyright Canada does a nice job of reviewing the IIPA's submissions to the USTR Special 301 process, noting its criticisms of Brazil, India, Indonesia, Philippines, Thailand, and Vietnam for supporting open source software. The posting notes "the fact the IIPA is encouraging countries to have policies which increase infringement […]
EU Data Protection Supervisor Warns Against ACTA, Calls 3 Strikes Disproportionate
Peter Hustinx, the European Data Protection Supervisor, has issued a 20-page opinion expressing concern about ACTA. The opinion is a must-read and points to the prospect of other privacy commissioners speaking out. Moreover, with the French HADOPI three strikes law currently held up by its data protection commissioner, it raises questions about whether that law will pass muster under French privacy rules.
Given the secrecy associated with the process, the opinion addresses possible outcomes based on the information currently available. The opinion focuses on three key issues: three strikes legislation, cross-border data sharing as part of enforcement initiatives, and transparency.
Three Strikes
ACTA Internet Chapter Leaks: Renegotiates WIPO, Sets 3 Strikes as Model
Several months after a European Union memo discussing the ACTA Internet chapter leaked, the actual chapter itself has now leaked. First covered by PC World, the new leak fully confirms the earlier reports and mirrors the language found in the EU memo. This is the chapter that required non-disclosure agreements last fall.
The contents are not particulary surprising given the earlier leaks, but there are three crucial elements: notice-and-takedown, anti-circumvention rules, and ISP liability/three strikes.
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