Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

Why Bill C-11’s Digital Lock Rules May Hurt Copyright Enforcement

The Standing Committee on Industry, Science and Technology, which is continuing its study on intellectual property, received some important evidence last week from an Ottawa firm focused on IP enforcement issues. Harry Page, the CEO of UBM TechInsights, told the committee that Bill C-11 will actually impede the ability to enforce intellectual property rights. Page’s concern is the same as that expressed by businesses, consumer groups, education: overbroad digital lock rules. According to Page:

we have a concern that aspects of the Copyright Act may actually have an unintended consequence with respect to our local technology community and our ability help people in the protection of their intellectual property. Specifically, our concern is that the anti-circumvention provisions could create legal uncertainty where that would actually discourage the use of forensics to detect infringement of other forms of intellectual property. Even though the fact is that the circumvention of those protection measures actually have nothing to do with the copyright material under protection.

While the committee legislation is now passed and will soon be enacted we will continue our pledge to continue to work with the government and the appropriate bodies to ensure that the regulatory language bringing the act into force are clear and precise so they do not hinder the full and forceful protection of Canadian intellectual property and the protection of intellectual property creators and owners in the international marketplace.

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June 12, 2012 10 comments News

Government Says Vote on C-11 By June 18th

Government House Leader Peter Van Loan told the House of Commons last week that the government intends to have a third reading vote on Bill C-11, the copyright reform bill, by June 18th. ∓

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June 11, 2012 16 comments News

Why an Access Copyright Tariff is Unlikely to be Mandatory

Ariel Katz has a must-read post exploring why even if the Copyright Board approves an Access Copyright tariff, its application to institutions that opt-out of the model licence is unlikely to be mandatory.

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June 11, 2012 Comments are Disabled News

Waterloo Latest University to Reject Access Copyright Model Licence

The University of Waterloo has become the latest university to announce that it will not sign the Access Copyright model licence. The announcement comes as Queen’s University holds a community consultation on whether to sign the licence.

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June 8, 2012 Comments are Disabled News

The IP Lobby’s Post-Bill C-11 Playbook: ACTA, SOPA, Warrantless Search and the Criminalization of IP

The Canadian intellectual property’s lead lobby group, the Canadian IP Council (itself a group within the Canadian Chamber of Commerce) released a new policy document yesterday that identifies its legislative priorities for the coming years. Anyone hoping that the SOPA protests, the European backlash against ACTA, and the imminent passage of Bill C-11 might moderate the lobby group demands will be sorely disappointed. Counterfeiting in the Canadian Market: How Do We Stop It? is the most extremist IP policy document ever released in Canada, calling for the implementation of ACTA, SOPA-style rules including website blocking and stopping search results from resolving, liability for advertisers and payment companies, massive surveillance at the border and through delivery channels including searching through individual packages without court oversight, and spending hundreds of millions of tax dollars on private enforcement.

This long post reviews the report, focusing on the case it makes for addressing counterfeiting concerns in Canada and on the resulting recommendations. The recommendations are divided into five main groups:

  1. Introduce a Canadian SOPA
  2. ACTA Implementation
  3. New Search Powers Without Court Oversight
  4. The Criminalization of Intellectual Property
  5. Massive Increase in Public Spending Creating an IP Enforcement Subsidy

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June 8, 2012 59 comments News