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

In Good Company

The International Intellectual Property Alliance – a group that brings together several U.S. lobby groups including the MPAA, RIAA, BSA, the ESA, and publisher groups, has just released its Section 301 recommendations, a submission to the U.S. Trade Representative that frequently serves as a blueprint for U.S. commentary on intellectual property protection around the world.  The list covers 60 countries, including most of the world's leading economies.  The USTR report, which will be released in April, will likely mirror the IIPA recommendations.

Canada figures prominently on this list and indeed this year it is expected that the U.S. will escalate the pressure by placing us on the Priority Watch List.  The Globe and Mail gives the lobby groups' recommendations front page coverage with dire warnings for Canada (the coverage is matched in other countries – see Taiwan and Thailand as examples).  The IIPA submission on Canada includes a litany of complaints, including the failure to implement the WIPO Internet Treaties, the need for ISPs to play a greater role in dealing with copyright infringement, the need for a camcorder law, and the need for greater enforcement activity.  The IIPA report is particularly critical of Bill C-60, arguing that Canada should "jettison" the approach in favour of something, well, like the U.S. has implemented.  In fact, it incorrectly argues that full compliance with the WIPO Internet treaties requires legislation that matches the DMCA (full TPM protection, ban on devices that can be used to circumvent, limited exceptions).  It also wants the scope of the private copying limited and clear liability for P2P services established.  In fact, it even attacks Bill C-60's tepid distance learning and library loan provisions, arguing that they "would have had a significant detrimental impact on publishers of scientific, technical, and medical materials."

While the IIPA recommendations have predictably led to negative, overblown press coverage in Canada, a little context is needed. The reality is that the majority of the world's biggest economies face similar criticism, including:

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February 14, 2007 27 comments News

Vanity Fair on the Pirate Bay

Interesting piece in the magazine's annual Hollywood issue.

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February 14, 2007 Comments are Disabled News

Justice Minister Rejects Call for Camcording Law

The National Post reports that Justice Minister Rob Nicholson has no plans to prioritize a new camcording law, despite the intense lobbying of recent weeks.  Nicholson noted "that there is already a stiff copyright law in Canada to catch people who sneak camcorders into movie theatres for the purposes of […]

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February 13, 2007 14 comments News

Corporations Turn to P2P

The WSJ reports that companies such as GM, Coca-Cola Co. and videogame publisher Tulga Games Inc. are now using peer-to-peer technology to transmit large chunks of data like video files or software updates, to employees and customers. Instead of a costly expansion of its satellite network last year, GM turned […]

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February 13, 2007 Comments are Disabled News

CPCC Goes For Broke, Part Two

While the substantive shortcomings of the latest attempt to add a levy to the Apple iPod and SD cards are important (not to mention legal questions of res judicata and political questions surrounding the Conservatives policy commitment to eliminate the levy), there is a bigger story at work.  Ten years ago, the music industry's vision of what the market would look like today focused on two things – DRM and the private copying levy.  DRM formed the key provisions in the WIPO Internet Treaties that were concluded in 1996, while CRIA celebrated the culmination of a 15 year lobbying effort to create a levy on blank media in 1997.

Fast forward to 2007 and it is clear that the industry got it completely wrong.  DRM faces a consumer and regulatory backlash, with a growing number of leading digital music vendors – Yahoo, Real, and Apple – all calling on the industry to drop the restrictions.  They are joined by independent labels who are successfully promoting their music through eMusic, the number two online music seller, and by the artists themselves.  With the rumours of EMI dropping DRM, it looks like it is only a matter of time before the DRM-focused strategy is abandoned.

The private copying levy has gone through similar challenges.  The levy has succeeded in generating an enormous amount of income (over $150 million), yet some believe it has become a roadblock to WIPO ratification (national treatment concerns associated with the levy), it is far more market distorting that its advocates anticipated, and much to CRIA's dismay, it has provided peer-to-peer file sharers with a legitimate argument that downloading for personal, non-commercial purposes is lawful in Canada. 

At the same time, the emerging view worldwide is that some of the copying it compensates – device shifting from CDs to iPods – should not be compensated.  For example:

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February 12, 2007 6 comments News