Throughout the fall, I ran a daily digital lock dissenter series, pointing to a wide range of organizations representing creators, consumers, businesses, educators, historians, archivists, and librarians who have issued policy statements that are at odds with the government’s approach to digital locks in Bill C-11. While the series took […]
Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
The ACTA Fight Returns: What Is at Stake and What You Can Do
This has generated a flurry of furious protest: thousands have taken to the streets in protest in Poland, nearly 250,000 people have signed a petition against the agreement, and a Member of the European Parliament has resigned his position as rapporteur to scrutinize the agreement, concluding that the entire review process is a “charade.”
Some are characterizing ACTA as worse than SOPA, but the reality is somewhat more complicated. From a substantive perspective, ACTA’s Internet provisions are plainly not as bad as those contemplated by SOPA. Over the course of several years of public protest and pressure, the Internet provisions were gradually watered down with the removal of three strikes and you’re out language. Other controversial provisions on statutory damages and anti-camcording rules were made optional rather than mandatory.
While the Internet provisions may not be as bad as SOPA, the remainder of the agreement raises many significant concerns.
Taking Stock of the SOPA Battle
Several excellent pieces assessing the recent battle over SOPA have been posted over the past few days. They include: Larry Downes, has a great piece titled Who Really Stopped SOPA, and Why? Yochai Benkler on Seven Lessons from SOPA/PIPA/Megauplaod and Four Proposals on Where We Go From Here The Hollywood […]
Bill C-11: Copyright, The Movie
Jesse Brown blogs on the push to introduce SOPA style rules into Canadian copyright reform.
Would a SOPA Version of the Canadian Copyright Bill Target Youtube?
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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