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

The Gatineau Copyright Roundtable: My Opening Remarks

As I posted earlier, I was fortunate to receive an invitation to the copyright consultation roundtable in Gatineau this evening.  Given the large group, each participant was limited to between three and five minutes.  My opening remarks were as follows:

Prepared Remarks
Copyright Consultation Roundtable, Gatineau, QC
July 29, 2009

Let me start by thanking both Ministers for the invitation and for conducting this consultation.  Last summer, I wrote a 61 part series on fixing Bill C-61 and the very first entry focused on the lack of consultation, so I think this is a great first step.

There is so much to say – preserving the public domain, modernizing the backup copy provision, removing crown copyright, sticking with notice-and-notice for ISPs, reforming the statutory damages provision by distinguishing between commercial and non-commercial infringement, to name just a few.

But I instead want to pick up on Minister Clement’s opening challenge: how do we establish reforms that last?

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July 29, 2009 7 comments News

The Gatineau Copyright Roundtable: The Participants

Tonight I had the opportunity to participate in the copyright consultation roundtable in Gatineau.  The roundtable was the largest and longest to-date – 20 participants with some of the most active copyright organizations in the country in attendance.  I will follow this post with two more: one with my opening […]

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July 29, 2009 1 comment News

The Amazon Kindle and an Orwellian Misstep

For months many consumers have lamented the absence of the Kindle, Amazon’s popular electronic book reader, from the Canadian market.  Now in its second version, the Kindle has proven to be a major success story in the United States with a loyal user base that relish the chance to wirelessly access books, periodicals, and web content on a single, sleek device. Yet as my weekly technology law column notes (Toronto Star version, homepage version)  two recent controversies cast doubt on the Kindle and in the process highlighted how consumers may find themselves vulnerable as they embrace electronic books.

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July 29, 2009 10 comments Columns

Access Copyright Warns On Copyright Consultation

On the day that Howard Knopf blogged about how Access Copyright is offering licences for public domain materials, BoingBoing points out that the copyright collective sent out a dire warning to its members.  Copyright Debate Takes Aim at Your Livelihood claims that the online debate is "dominated by individuals who […]

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July 29, 2009 23 comments News

BitTorrent Speaks: Correcting the Record in CRTC Net Neutrality Hearing

BitTorrent has shaken up the CRTC network management hearing with a late submission [no online link yet] that seeks to set the record straight on BitTorrent and its impact on ISP networks.  The company begins by noting:

Our company, more specifically our BitTorrent application, has been referred to repeatedly in various submissions in this proceeding.  From these submissions, there appears to be some misconceptions as to the effect of BitTorrent, as well as in general peer-to-peer (“P2P”)  applications, on the Internet and in fact there has been an overstatement of the effect of such
applications on network congestion.  

After describing BitTorrent (the company and the application), the submission addresses several misconceptions:

  • Shaw argued that the high number of connections with P2P subverts the fairness of TCP.  BitTorrent says this is incorrect, since very few connections (4 – 5) are used at any one time.
  • Rogers argued that users do not care about upload performances.  BitTorrent says this is inaccurate given the correlation between download and upload for BitTorrent users.
  • Cogeco argues that P2P is not a real-time or interactive application.  BitTorrent says this too is false since some apps like Skype are clearly interactive and some BitTorrent clients supports streaming.
  • Rogers argued that P2P can create 24/7 always on usage.  BitTorrent says this is exxagerated with the average client only active around 4 days per month.

BitTorrent then focuses on the effect of Canadian traffic management practices on the application's performance.  The two main paragraphs are worth quoting in full since they have major implications beyond just the CRTC as BitTorrent states that movie executives report that Canadian P2P usage has declined dramatically over the past year.  The comment:

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July 28, 2009 16 comments News