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

ACTA: Why You Should Still Care

This post appears as a guest column on GigaOm today:

After years of secrecy, the eighth round of talks aimed at drafting an international treaty called the Anti-Counterfeiting Trade Agreement (ACTA) recently concluded in New Zealand – and in the face of public pressure, a version of the text was subsequently made available to the public. The ACTA is neither a trade agreement nor one focused primarily on counterfeiting, but a copyright deal featuring provisions on Internet service provider and Internet company liability, DMCA-style notice and takedown requirements, legal protection for digital locks, and requirements for statutory damages that could result in millions in liability for non-commercial infringement – even heightened searches at border crossings.

Ever since the ACTA partners – among them the U.S., E.U., Canada, Japan, South Korea, Australia, New Zealand, Mexico, Morocco and Singapore – announced negotiations plans in October 2007, ACTA has been dogged by controversy over a near-total lack of transparency. Early talks were held in secret locations with each participating country offering virtually identical, cryptic press releases that did little more than fuel public concern. Now that the ACTA text is public, some might wonder whether there’s still cause for concern. Indeed, given widespread support for measures that target genuine commercial counterfeiting, some might believe it’s time to actively support ACTA.

It’s not – at least not this version.

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May 3, 2010 11 comments Columns

Canadian Booksellers Association Seeks Changes To Parallel Import Laws

The Canadian Booksellers Association is seeking changes to the parallel import laws for books, currently governed by the Copyright Act.  The booksellers argue the limits are "no longer commercially reasonable and should be repealed."

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May 3, 2010 Comments are Disabled News

USTR’s Bully Report Unfairly Blames Canada Again

The U.S. government has released its annual Special 301 report in which it purports to identify those countries with inadequate intellectual property laws.  Given the recent history and the way in which the list is developed, it will come as no surprise that the U.S. is again implausibly claiming that Canada is among the worst of the worst.  As a starting point, it should be noted that the Canadian government does not take this exercise particularly seriously.  As an official with the Department of Foreign Affairs once told a House of Commons committee:

In regard to the watch list, Canada does not recognize the 301 watch list process. It basically lacks reliable and objective analysis. It's driven entirely by U.S. industry. We have repeatedly raised this issue of the lack of objective analysis in the 301 watch list process with our U.S. counterparts.

This year's report is particularly embarrassing for the U.S. since it not only lacks in credible data, but ignores the submission from CCIA (which represents some of the world's largest technology and Internet companies including Microsoft, Google, T-Mobile, Fujitsu, AMD, eBay, Intuit, Oracle, and Yahoo) that argued that it is completely inappropriate to place Canada on the list.  The technology giants reminded the USTR that "Canada’s current copyright law and practice clearly satisfy the statutory 'adequate and effective' standard. Indeed, in a number respects, Canada's laws are more protective of creators than those of the United States."

With respect to the actual data, the USTR report is largely rhetoric rather than reality.  The reality is:

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April 30, 2010 15 comments News

IFPI Calls Out The Wrong Country

The IFPI, the global RIAA, this week released its annual Recording Industry in Numbers report that tracks global record sales.  In its release, it chose to target two countries – Canada and Spain – for declining sales and linked those declines to copyright law.  As it no doubt intended, the […]

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April 30, 2010 29 comments News

ALDE Hearing on ACTA in Brussels

Earlier this month, I had the opportunity to participate in a hearing on ACTA in Brussels sponsored by Members of the European Parliament Alexander Alvaro and Marietje Schaake.  Other participants included Luc Devigne, the head of the European ACTA delegation, and representatives from eBay and EuroISPA.  The full video of the hearing is posted below.  My presentation begins just after the 5:00 minute mark.

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April 29, 2010 4 comments Committees, News, Video