Cooperation in the Pacific Rim by Jakob Polacsek, World Economic Forum (CC BY-NC-SA 2.0) https://www.flickr.com/photos/worldeconomicforum/48179628441

Digital Trade

Gutenberg Galaxy by Marshall McLuhan by no_typographic_man (CC BY-NC-ND 2.0) https://flic.kr/p/8hhvER

The Trouble with the TPP, Day 3: Copyright Term Extension

The Trouble with the TPP series continues with one of the most high profile copyright concerns associated with the TPP: mandatory copyright term extension (prior posts include Day 1: US Blocks Balancing Provisions, Day 2: Locking in Digital Locks). The term of copyright in Canada is presently life of the author plus an additional 50 years, a term consistent with the international standard set by the Berne Convention. This is also the standard in half of the TPP countries with Japan, Malaysia, New Zealand, Brunei, and Vietnam also providing protection for life plus 50 years.

From a Canadian perspective, the issue of extending the term of copyright was raised on several prior occasions and consistently rejected by governments and trade negotiators. For example, term extension was discussed during the 2009 national copyright consultation, but the Canadian government wisely decided against it. Further, the European Union initially demanded that Canada extend the term of copyright in the Canada-EU Trade Agreement, but that too was effectively rebuffed with the issue of term removed from the final text.

January 6, 2016 — 7 comments — News

Crew Close-Up by benj mako hill (CC BY-SA 2.0) https://flic.kr/p/4rfbH8

The Trouble with the TPP, Day 2: Locking in Digital Locks

The Trouble with the TPP series (Day 1: US Blocks Balancing Provisions) spends the next few days examining the TPP’s copyright provisions. One of the most controversial aspects of the 2012 Canadian copyright reform process involved the anti-circumvention provisions, often referred to as the digital lock rules. The U.S. pressured Canada to include anti-circumvention rules, which were required for ratification of the WIPO Internet Treaties, within the copyright reform package. They feature legal protections for technological protection measures (TPMs, a broader umbrella that captures digital rights management or DRM) and rights management information (RMI).

There was an enormous amount of scholarly analysis on these issues throughout the reform process. For example, I wrote about the flexibility in implementing the WIPO Internet Treaties, Carys Craig wrote about the negative implications for fair dealing, Ian Kerr wrote about the broader implications of digital locks, Jeremy deBeer focused on the constitutional concerns, and Mark Perry wrote about rights management information. Moreover, David Lametti, now a Liberal MP and the Parliamentary Secretary for International Trade, wrote about the incoherence of the digital lock rules. The academic analysis was decidedly negative about the legal reforms as was the broader public, which made the issue a top priority as part of the 2009 copyright consultation.

January 5, 2016 — 2 comments — News

TPP protest at Washington, D.C, Chamber of Commerce by Vision Planet Media (CC BY-NC-ND 2.0) https://flic.kr/p/Ayc5Qd

The Trouble with the TPP, Day 1: U.S. Blocks Balancing Objectives

The debate over the merits of the Trans Pacific Partnership is likely to play out in Canada and other TPP countries throughout 2016. While it seems likely that the treaty will be signed in early February (February 4th is the earliest possible date for the U.S. to sign), decisions on whether to ratify the agreement will extend into 2017 and beyond. I’ve already posted some thoughts on the TPP’s digital policy implications (and spoken about the issue in this speech and on this panel) but wanted to expand on the trouble with the TPP in more detail. With that goal in mind, I plan to post each weekday until February 4th on problems associated with the TPP. The series will include posts on copyright, privacy, Internet governance, and many other issues.

The Trouble with the TPP series starts with the slimmed down objectives of the intellectual property chapter. Leaked versions of earlier drafts shows that most TPP countries (including Canada) were supportive of expanded objectives that emphasized balance, the public domain, and timely access to affordable medicines. The full objectives provision, supported in full or in principle by New Zealand, Chile, Peru, Vietnam, Brunei, Malaysia, Singapore, Canada, and Mexico stated:

January 4, 2016 — 16 comments — News

Computer Keyboard by Marcie Casas (CC BY 2.0) https://flic.kr/p/99xKiL

The Letters of the Law: 2015 in Technology Law and Policy

With new trade agreements, a new government, new court cases, and new rules governing the Internet, law and technology issues garnered headlines all year long. My weekly technology law column (Toronto Star version, homepage version) takes a look back at 2015 from A to Z:

A is for the Ashley Madison data breach, which affected millions of people and placed the spotlight on online privacy.

B is for Bill C-51, the anti-terrorism bill, which became a flashpoint political issue on striking the right balance between surveillance and civil liberties.

C is for CBC v. SODRAC, a Supreme Court of Canada decision released in November that reinforced the significance of technological neutrality in copyright. The court sided with SODRAC, a copyright collective, on the need for payment for certain uses of music but ruled that an earlier rate-setting exercise had failed to account for the technological neutrality principle.

December 30, 2015 — 4 comments — Columns

https://www.youtube.com/watch?v=4YgQuoOV6tg

Technology and the TPP: A Panel Discussion

Last month, the University of Ottawa hosted a standing room only panel on technology and the TPP featuring Burcu Kilic, Carolina Rossini, Jeremy deBeer, Tamir Israel and myself. The panel was moderated by Loris Mirella, the lead IP negotiator on the TPP for the Canadian government. A full video of the event is posted below.