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

Old P2P Headline, New P2P Approach

Earlier this week the National Post ran a story titled Video Theft May Rise in Canada.  The story is interesting as it demonstrates that the headlines on peer-to-peer may not be changing, but the underlying story certainly is.  The article is not what you might think – rather than yet another story alleging Canadian movie piracy or weak copyright laws, it is actually focused on how Canadians may not immediately benefit from the push to online video in the U.S. since many U.S. broadcasters will block out Canadian users.

What does that have to do with "video theft"?  Other than the unnecessary use of a sensational headline based on the mistaken premise that this is a piracy issue, there is a brief reference in the article that notes that more Canadians will download television shows through peer-to-peer networks if they are blocked out of U.S. streams.  Of course, the same shows are freely available on television, so this form of "piracy" is merely device shifting freely available content from one screen to another.

Leaving aside questions about whether this is actually a concern, I think it is noteworthy that the article flips around the conventional approach to business and peer-to-peer.  

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March 29, 2007 1 comment News

Competition Policy and IP

While response to last week's federal budget unsurprisingly focused on new spending, it also included a commitment to create an expert independent panel to conduct a review of Canadian competition policy.  Given that the Minister of Industry envisions a broad mandate to "review anything under the federal umbrella that affects […]

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March 28, 2007 Comments are Disabled News

DMCA Architect Acknowledges Need For A New Approach

McGill University hosted an interesting conference today on music and copyright reform.  The conference consisted of two panels plus an afternoon of open dialogue and featured an interesting collection of speakers including Bruce Lehman, the architect of the WIPO Internet Treaties and the DMCA, Ann Chaitovitz of the USPTO, Terry Fisher of Harvard Law School, NDP Heritage critic Charlie Angus, famed music producer Sandy Pearlman, and myself.  A video of the event has been posted in Windows format.

My participation focused on making the case against anti-circumvention legislation in Canada (it starts at about 54:30).  I emphasized the dramatic difference between the Internet of 1997 and today, the harmful effects of the DMCA, the growing movement away from DRM, and the fact that the Canadian market has supported a range of online music services with faster digital music sales growth than either the U.S. or Europe but without anti-circumvention legislation.

The most interesting – and surprising – presentation came from Bruce Lehman, who now heads the International Intellectual Property Institute.  Lehman explained the U.S. perspective in the early 1990s that led to the DMCA (ie. greater control though TPMs), yet when reflecting on the success of the DMCA acknowledged that "our Clinton administration policies didn't work out very well" and "our attempts at copyright control have not been successful" (presentation starts around 11:00).  

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March 23, 2007 18 comments News

DMCA Architect Acknowledges Need For A New Approach

A video from the McGill conference on music and copyright reform where I discuss the case against anti-circumvention legislation in Canada (at 54:30, external link).

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March 23, 2007 Comments are Disabled Video

The Clinton Ad and Fair Dealing

The hot video of the week is the remarkable mash-up of the Apple 1984 advertisement, which in its new incarnation stars Hillary Clinton and promotes Barack Obama.  The video has been viewed more than two million times and received considerable mainstream media news coverage.  An Associated Press story caught my […]

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March 22, 2007 4 comments News