Post Tagged with: "moore"

An Unofficial User Guide to This Afternoon’s Copyright Bill

With the copyright bill – Bill C-32 – being introduced this afternoon, it is worth noting that my technology law column last week (Toronto Star version, homepage version) focused on some of the key issues likely to find their way into the bill.  The column noted the internal dynamics that led to the bill are by now fairly well known.  Industry Minister Tony Clement, emboldened by last summer’s copyright consultation that generated unprecedented public participation, argued for a forward-looking, technology neutral bill with flexibility as a core principle.  Canadian Heritage Minister James Moore advocated for a U.S.-style protectionist approach, with priority given to digital locks that can be used to limit copying, access, and marketplace competition.

With the active support of Prime Minister Stephen Harper, Moore won the fight over digital locks and the new bill will feature provisions certain to please the U.S. government and lobby groups.  Yet the bill will include far more than just tough legal protection for a digital locks.  

This brief unofficial user's guide to the new legislation that focuses on three key issues – fair dealing, Internet provider liability, and digital locks (Internet downloading is unlikely to figure prominently in the bill).

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June 2, 2010 19 comments Columns

Copyright Bill on Notice Paper as Ministers Emphasize Balance, Modernization

The government has placed the forthcoming copyright bill on the Notice Paper, which means that the bill could be introduced as soon as tomorrow.  The campaign to support the bill has also begun, with an op-ed in today's National Post jointly authored by Industry Minister Tony Clement and Canadian Heritage […]

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June 1, 2010 43 comments News

DMCA-Style Reforms: “Not a Reasonable Policy To Foster Innovation or Respect for Copyright”

Canwest's Sarah Schmidt features an terrific story in which Industry Minister Tony Clement admits that he has infringed copyright in loading songs onto his iPod.  Like many Canadians, Clement says that he shifted many CDs to his iPod, which now contains over 10,000 songs.  What makes the article noteworthy is not the acknowledgement of infringement – Canadian Heritage Minister James Moore admitted infringing activity in using his PVR last year – but rather the focus on the need to update copyright law by legalizing activities that most Canadians view as perfectly acceptable.  Notes Clement:

"Well you see, you know I think I have to admit it probably runs afoul of the current law because the current law does not allow you to shift formats. So the fact of the matter is I have compact discs that I've transferred, I have compact discs from my children or my wife that I've transferred onto my iPod. None of that is allowable under the current regime. It shows that the current regime is not realistic and is not modern to encompass how people obtain their entertainment in today's world. That's what happens in a family. You do tend to share music that way and I think most people would find that to be perfectly acceptable behaviour. But our current law is so antiquated, it doesn't contemplate that situation."

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May 27, 2010 40 comments News

Seven Copyright Questions for Canadian Heritage Minister James Moore

My op-ed in this week's Hill Times (HT version (sub req), homepage version) notes that with reports that a new copyright bill could be introduced this week, thousands of Canadians have been expressing concern with the government's plans, as there are mounting fears that the results from last summer's copyright consultation may be shelved in favour of a repeat of the much-criticized Bill C-61.  

The foundational principle behind C-61 was the primacy of digital locks. When a digital lock (often referred to as digital rights management or technological protection measure) is used – to control copying, access or stifle competition – the lock supersedes virtually all other rights.  The fight over the issue has pitted the tech-savvy Industry Minister Tony Clement, who has reportedly argued for a flexible implementation, against Canadian Heritage Minister James Moore, who has adopted what many view as an out-of-touch approach that would bring back the digital lock provisions virtually unchanged.

Moore has declined to comment on his position, but his approach raises some difficult questions:

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May 25, 2010 56 comments Columns

An Unofficial User Guide to the Coming Copyright Bill

Appeared in the Toronto Star on May 24, 2010 as An unofficial user’s guide to the coming copyright bill Media reports last week indicated that the government plans to introduce its long-awaited copyright reform bill within the next few days.  The bill is sure to spark widespread debate since all […]

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May 24, 2010 Comments are Disabled Columns Archive