Post Tagged with: "europe"

Challenging the New Digital Lock Talking Point: Why European Rules Are More Flexible Than C-11

The debate over C-11 resumed this week in the House of Commons with Paul Calandra, the Parliamentary Secretary to the Minister of Canadian Heritage, invoking a claim that raises the question of how the Canadian digital lock rules compare to those found in Europe. In response to the ongoing concerns with Bill C-11’s digital lock rules – they are easily the most discussed issue during the debates – Calandra stated:

We know that in Europe there is much greater support for TPMs and that has not actually reduced the availability of content online. Does she have any rationale for thinking Canada’s less stringent use of TPMs through the bill would somehow reduce the availability of content for Canadian consumers?

Calandra’s comments raise two issues: (1) whether the Europe has stricter support for digital locks; and (2) whether digital locks reduces the availability of online content.

The first issue is an important one since claims that Europe has stricter digital lock rules than those proposed in Bill C-11 are plainly inaccurate. Indeed, many Canadians would be far happier with the Bill C-11 digital lock rules if we matched some of the approaches found in Europe. European implementations include:

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November 24, 2011 14 comments News

Can Canada Learn Anything From Europe on Copyright?

IP Osgoode held an interesting one-day conference in Ottawa last week that brought together many European copyright experts for a discussion on what – if anything – Canada can learn from Europe on copyright. The event opened with a keynote address from Silke von Lewinski, a well-known supporter of the WIPO Internet treaties whose work is frequently cited by those arguing for DMCA-style implementation of digital lock rules.

Von Lewinski, who warned in her speech against NGOs and public interest groups active on copyright issues who she said were really fronts for telcos and ISPs, assured the audience that there were no problems with the digital lock rules in Europe with only one complaint in the many years since it was established (a positioned echoed by Mihaly Ficsor later in the day). It should be noted that other studies, such as this exhaustive one from the Institute for Information Law at the University of Amsterdam commissioned by the European Commission’s Internal Market Directorate General, come to a much different conclusion. It found numerous problems with situation in Europe, recommending:

To remedy the lack of legal certainty and harmonisation with respect to the legal protection of TPMs, and to align the European provisions with the EU’s international obligations under the WIPO Treaties, the EC legislator should consider clarifying the legal framework in four respects. First, the prohibition on acts of circumvention  should only find application in circumstances where the act of circumvention results in copyright infringement. 

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October 24, 2011 18 comments News

In Defence of a Fair Use Defence

Lucie Guibault of the Institute for Information Law in Amsterdam makes the case for a fair use provision in Europe.

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March 14, 2011 9 comments News

Why Parma Ham Stands in the Way of Two Major Trade Agreements

Appeared in the Toronto Star on July 19, 2010 as Why Parma Ham Stands in Way of Trade Talks Canada is currently negotiating two major international trade agreements whose success may ultimately depend on the level of protection provided to Parma ham.  While it may seem hard to believe, the […]

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July 20, 2010 Comments are Disabled Columns Archive

Divisions Between US and EU Begin to Appear Over ACTA

A recent issue of Inside US Trade featured a detailed report (sub required) on the European Union positions in the Anti-Counterfeiting Trade Agreement negotiations.  The article cites comments from Pedro Velasco Martins, an EU official involved in the ACTA negotiations and points to several areas of disagreement: The scope of […]

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May 18, 2009 1 comment News