Post Tagged with: "youtube"

Youtube logo by Andrew Perry (CC BY 2.0) https://flic.kr/p/4EDMaw

Not Just Netflix: Google Challenges the CRTC’s Power to Regulate Online Video

The Netflix – CRTC battle has generated considerable attention, but Netflix is not alone in contesting the CRTC’s authority to regulate Internet video services. As I suggested in a post yesterday, Google has adopted a similar position, refusing to provide the Commission with all of the information it was seeking. While the Google and Netflix submissions have oddly not yet been posted by the CRTC (all others have), the Globe obtained a copy that confirms Google’s position that it believes it also falls outside the Broadcasting Act. According to the report (also not online), Google declined to provide some requested data, noting that “Google does not publish or otherwise disclose this commercially sensitive business information.” The company adopted the position that its disclosures were voluntary and that it is not part of the Canadian broadcast system.

The Google position is notable because it is presumably not based on the question of presence within Canada, since Google maintains a significant Canadian presence. Rather, the core challenge will likely focus on whether a service such as Youtube (which once went by the slogan “Broadcast Yourself”) can properly be characterized as broadcasting for the purposes of current Canadian law.

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September 24, 2014 22 comments News
Minister Michael Coteau, Ministry of Citizenship and Immigration, at the Northern Leaders’ Forum by Premier of Ontario Photography (CC BY-NC-ND 2.0) https://flic.kr/p/i8qraN

Ontario Government Soft Pedals Netflix & Google Regulation, But Record Speaks For Itself

As CRTC Chair Jean-Pierre Blais anticipated, the Government of Ontario’s call for regulation of online video services attracted considerable attention, including comments from Canadian Heritage Minister Shelly Glover roundly dismissing the possibility. Glover stated:

“We will not allow any moves to impose new regulations and taxes on internet video that would create a Netflix and Youtube Tax.”

Last night, I received an email from a spokesperson for Ontario Minister of Tourism, Culture and Sport Michael Coteau that tried to soften the call for online video regulation. The spokesperson stated:

“The presentation today provided important elements for CRTC consideration as it undertakes its review. The government is not advocating for any CanCon changes, or that any specific regulations be imposed on new media TV, until more evidence is available.”

I asked for clarification on what “more evidence” means. The spokesperson responded that there will be over 100 presentations at the CRTC hearing and that all need to be heard from before moving forward.

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September 9, 2014 12 comments News

Would a SOPA Version of the Canadian Copyright Bill Target Youtube?

My post this week on the behind-the-scenes demands to make Bill C-11, the current copyright bill, more like SOPA has attracted considerable attention with mainstream (National Post, La Presse) and online media (Mashable, Wire Report) covering the story. The music industry alone is seeking over a dozen changes to the bill, including website blocking, Internet termination for alleged repeat infringers, and an expansion of the “enabler” provision that is supposedly designed to target pirate sites. Meanwhile, the Entertainment Software Association of Canada also wants an expansion of the enabler provision along with further tightening of the already-restrictive digital lock rules.

The concern with expanding the enabler provision is that overly broad language could create increased legal risk for legitimate websites. As a result, new online businesses may avoid investing in Canada for fear of potential liability or costly lawsuits. My post cited concerns about SOPA being used to target sites like Youtube and the danger that that could spill over into Canada. Industry lawyer Barry Sookman responds in the National Post article, arguing that it is “inconceivable” and “not remotely possible” that the law could be used to shut down a mainstream site like Youtube.

Millions of Internet users certainly hope Sookman is right, yet recent experience suggests that the content industry is open to using these kinds of provisions in massive lawsuits against sites like Youtube. For example, consider the ongoing Viacom lawsuit against Youtube/Google. 

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January 25, 2012 28 comments News

SOCAN Seeks Millions from YouTube, Facebook, Netflix, Apple & Sony in Interim Online Music Tariff

SOCAN has filed an application with the Copyright Board of Canada for interim tariff to cover royalties for the communication to the public by telecommunication of musical works in connection with movie/tv streaming and user generated content sites. The obvious targets of the interim tariff are some of the biggest […]

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June 15, 2011 43 comments News

YouTube Takes Down Harper Music Clip on Copyright Claim

YouTube has removed a clip of Stephen Harper performing John Lennon’s Imagine after Yoko Ono’s company issued a takedown notice.

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April 7, 2011 8 comments News