Post Tagged with: "prentice"

Canada to Create Spectrum Set Aside in Wireless Auction

Industry Minister Jim Prentice has just announced that the government will put in place measures as part of the forthcoming spectrum auction to encourage greater competition within the Canadian wireless market.  Prentice acknowledged that Canadian wireless pricing is too high, particularly for data.  Accordingly, they will set aside a significant […]

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November 28, 2007 16 comments News
Copyright Choices and Voices

Copyright Choices and Voices

Last week, I delivered an hour-long speech on copyright to the Canadian Federation of Students (the slides are here and posted below and a podcast is here).  Since the audio on the podcast version of the talk is poor, I want to reiterate my central message.  In the past, I have spoken frequently about the opportunity for Canada to make its own choices on copyright reform.  After highlighting the remarkable array of new developments for content creation, content sharing, and knowledge sharing, I have emphasized the need for copyright laws that look ahead, rather than behind.  In particular, I have pointed to the dangers associated with anti-circumvention legislation, to the need for more flexible fair dealing, to the desirability of eliminating crown copyright, and to the benefits of open access and open licensing.  I typically conclude by stating that this can be Canada's choice and that we must choose wisely.

This speech had a different conclusion, however.  Sometime over the next two or three weeks, Industry Minister Jim Prentice will rise in the House of Commons and introduce copyright reform legislation.  We can no longer speak of choices because those choices have already been made.  There is every indication (see the Globe's latest coverage) this legislation will be a complete sell-out to U.S. government and lobbyist demands.  The industry may be abandoning DRM, the evidence may show a correlation between file sharing and music purchasing, Statistics Canada may say that music industry profits are doing fine, Canadian musicians, filmmakers, and artists may warn against this copyright approach, and the reality may be that Canadian copyright law is stronger in some areas than U.S. law, yet none of that seems to matter.  In the current environment and with the current Ministers, politics trumps policy

The new Canadian legislation will likely mirror the DMCA with strong anti-circumvention legislation – far beyond what is needed to comply with the WIPO Internet treaties – and address none of the issues that concern millions of Canadians.  The Conservatives promise to eliminate the private copying levy will likely be abandoned.  There will be no flexible fair dealing.  No parody exception. No time shifting exception.  No device shifting exception.  No expanded backup provision. Nothing. 

The government will seemingly choose locks over learning, property over privacy, enforcement over education, (law)suits over security, lobbyists over librarians, and U.S. policy over a "Canadian-made" solution.  Once the bill is introduced, look for the government to put it on the fast track with limited opportunity for Canadians to appear before committees considering the bill. With a Canadian DMCA imminent, what matters now are voices. It will be up to those opposed to this law to make theirs heard.

Update: Many people have asked what they can do to make their voices heard on this issue. Last year, I posted 30 Things You Can Do about anti-circumvention legislation.  Many of those recommendations still apply, starting with a letter (letter, not email – no stamp required) to your Member of Parliament, the Ministers of Industry and Canadian Heritage, and the Prime Minister. 

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November 27, 2007 30 comments Audio, ExtPodcasts, News

All I Want For Christmas is a Legal TiVo

My weekly technology law column (Toronto Star version, The Tyee version, Ottawa Citizen version, homepage version) focuses on the fact that there is nothing under Canadian law that clearly permits home recording of television programs.  I note that TiVo claims that its service is available in Canada, yet few retailers carry the product. In fact, notwithstanding the growing popularity of PVRs and the ubiquity of VCRs – the CRTC estimates that 700,000 Canadian households own a PVR and Statistics Canada reports that over 10 million households have video cassette recorders (VCR) – the absence of the TiVo is not the only difference between the U.S. and Canadian markets.  In the U.S., using TiVos and VCRs is clearly legal.  In Canada, it is not.

While it may come as news to many Canadians that they infringe copyright on daily basis, those involved in the industry are well aware of this state of the law.  The law includes a series of copying exceptions that cover research, private study, and criticism, however, there is nothing that clearly permits home recording of television programs.  Indeed, the delayed introduction of the TiVo or the Slingbox, another popular product that allows consumers to transfer their television programs over the Internet to their computer and which only entered the Canadian market last year, may stem in part from fears about the legal climate.

Ottawa has regularly introduced legislation demanded by lobby groups (new laws against camcording in movie theatres and Internet rebroadcasting have been passed over the past five years), yet nothing has been done to address the legality of commonplace, non-commercial activities that affects millions of Canadians. 

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November 21, 2007 11 comments Columns

Prentice Says Spectrum Auction Coming in 2008

Industry Minister Jim Prentice has shot down rumours of delays to the forthcoming spectrum auction, indicating that the rules are coming and that the auction will be held as soon as practical in 2008.

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November 1, 2007 Comments are Disabled News

Details Begin To Emerge on Forthcoming Copyright Bill

Yesterday's House of Commons debate featured some discussion on the forthcoming copyright reform bill.   Industry Minister Jim Prenticee expanded on the government's plans: Our government is aware also of the need for copyright reform and that this is essential to ensuring that Canada remains competitive. We will introduce legislation in […]

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October 24, 2007 5 comments News