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June 21, 2010

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Incorrect statements on C-32 from Honourable Tony Clement's staff?

Denver Gingerich asked Tony Clement some questions, and received a reply from Erik Waddell, Director of Communications, Office of the Honourable Tony Clement. I believe the reply to be incorrect. In it Erik references the WIPO treaty definition of TPMs, something which was included in C-60 but not in C-61 or C-32. Bill C-32 contains the USA DMCA's definition of technical measures.

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June 11, 2010

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Why legal protection for technical measures is controversial

For those who will be in Ottawa on Saturday, August 14, 2010, I will be presenting a talk titled Why legal protection for technical measures is controversial at Open Source Technology showcase - SC2010.

Not surprisingly, we will be discussing the USA's National Information Infrastructure (NII) Copyright Protection Act of 1995, the 1996 WIPO Internet treaties, the USA's DMCA in 1998, as well as Canadian bills C-60 (2005), C-61 (2008) and C-32 (2010). If it isn't dead yet, we'll discuss the Orwellian double-speak named Anti-Counterfeiting Trade Agreement (ACTA).

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March 30, 2010

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Podcast #35: The iTax & Fair Dealing

Jesse Brown interviewed Charlie Angus about his private copying regime private members bill and fair use motion.

September 8, 2009

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Copyright Consultation: WIPO treaties.

There are now only 5 days left to make your voice heard on this critically important issue. In recent years two different governments tabled copyright bills: the Liberal Bill C-60 on June 20, 2005 and the Conservative Bill C-61 on June 12, 2008. (Note: Similar numbers only coincidence). When looking at these bills, both of which died on the order paper, you will notice that the majority of the bills dealt with ratifying two treaties Canada signed in 1996. We must look at these treaties to understanding what will likely form the bulk of the next copyright bill.

>>> Read full article on IT World Canada's blog.

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December 28, 2008

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» The Software and Hardware Implications of the Proposed Bill C-61

Economist Joseph Potvin weighs in on Bill C-61 (html, pdf)

Excerpt:

Bill C-61 was tabled in the Canadian Parliament on 12 June 2008 to ammend the Copyright Act. The methods implemented in the Bill would, if passed by Parliament, have pivotal impacts on the basic legal and competitive business environment for the software and hardware sectors generally. To date, primary attention in government, media and public discussion has been directed to the Bill's objectives and potential outcomes in relation to music, movies, and performances, as well as in relation to changing the SIM cards in cell phones. The impacts upon other sectors have not been widely considered. The purpose of this present brief is to outline the general implications of Bill C-61 for producers and users of software and hardware.

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October 16, 2008

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» ITWorldCanada: Did copyright reform prevent a Conservative majority?

Rafael Ruffolo speculates for ComputerWorld Canada whether Bill C-61 and Copyright played a roll in the election.

October 11, 2008

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» HiSciFi.com @ CJSF 90.1 FM

I was on CJSF radio this evening on the show HiSciFi (Audio archive available this week online). The host Irma Arkus called me for the latter half of the show to discuss C-61, its origins, and what the various parties are thinking about Copyright during this election.

Major oops on my part not to mention the Green Party who is more of a factor in BC, and who also have a very modern view of technology law and copyright. I spoke about how I am excited to see what happens in Vancouver Center, with my rooting for Michael Byers who has a modern view of tech/copyright and against incumbent Hedy Fry who has been a bit of an old-economy wild-card. I also spoke about the CRIA candidate Dan McTeague in Pickering - Scarborough East (Ontario), and my hope that he won't be in the committee that studies copyright (either not elected, or not put in by Liberals).

Irma was already very well aware of the statements that the Conservatives have made, actually dedicating part of their platform to reintroducing the "made worse in Canada" C-61. Threat made, threat kept!

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September 28, 2008

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Wednesday, October 1: Bill C-61 & Copyright Law in Canada

Waterloo Public Interest Research Group (WPIRG) and the Waterloo Students for the Information Commons (WSIC) are hosting me for a talk on Bill C-61 and Copyright Law in Canada this Wednesday, October 1. See details via communityevents.ca, Facebook, YaHoo.

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September 27, 2008

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Jim Prentice Calgary Centre-North 2008 Federal Election All Candidates Debate

Kempton advertised a debate on September 30, 2008 in Calgary Centre-North, riding for Industry Minister Jim Prentice who tabled the anti-technology Bill C-61.

September 26, 2008

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Picking digital locks

A blog article by Kate Scroggins for Carleton University's School of Journalism and Communication talks about Bill C-61 and the election.

For his part, Michael Geist is calling on people to get their candidates to take The Copyright Pledge - 2008 Election Edition.

September 17, 2008

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» 61 Reforms to C-61 - Wrap-Up Post

Michael Geist has created an article that links to all 61 of his articles about needed reforms to the Conservative Bill C-61.

September 15, 2008

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Liberal Hedy Fry includes copyright in election Mail Out

Bruno Godin (constituent in Vancouver Center) posted to the Vancouver Fair Copyright discussion list the text of an election mail out from incumbent Hedy Fry.

C-61: Copyright

Bill C-61, the Conservative government's Copyright Bill was recently tabled in Parliament.  In principle, this bill is necessary: Canada is signatory to World Intellectual Property Organisation (WIPO) treaties, but lags behind other industrialised nations in domestic copyright protection laws.  However, as it stands, C-61 is seriously flawed.  Copyright legislation should balance creators' rights to fair reimbursement for intellectual property and consumer's need to have timely access to creative works.  In the digital age, this brings a new and complex challenge.

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September 5, 2008

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Canadians fed US-style copyright legislation? I wish!

In an article in p2pnet , Charlie Angus, Digital Spokesperson for the New Democratic Party, said that "Under Stephen Harper, Canadians are being force-fed US-style copyright legislation." When I read this, all I could think is "I wish"!

While I've written about how some aspects of C-61 are lifted near-identical out of the USA's DMCA, I have not yet put them in context with the rest of their copyright act. Bill C-61, like the DMCA, is a set of changes between the previous Copyright and a new Copyright. US copyright law was more fair before their DMCA than Canadian law is now, and if Canada takes the direction articulated in C-61 we will become that much worse than US law. As bad as this would be, I would be happier to have Canada simply adopt current US law (DMCA and all) than to apply Bill C-61 to current Canadian law.

Read the rest of this entry on IT World Canada's blog »

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September 3, 2008

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Digital Policy #1: Why Bill C-61 Is a Bad Idea for Canada’s Digital Economy

Randall Howard post a first in an intended series on why C-61 is bad for Canada's Digital Economy.

There is no question that such legislation would put a chill on large segments of the software and digital media industry in Canada, simply because it makes innovation and new business models more difficult to develop.

» Bill C-61 Copyright Reform: What Could it Mean for the CE Industry?

Frank Lenk's article on the effects of Bill C-61 on the Consumer Electronics industry includes the following about Liberal MP, Bob Rae:

It’s more difficult to understand why the consumer electronics industry has not been more vocal in presenting the opposing view, given that tomorrow’s ‘digital VCR’ is now under threat. This was borne home forcefully when I recently had the opportunity of visiting my local Liberal MP, Bob Rae (www.bobrae.ca).

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» Is the Clock Ticking for the Canadian DMCA?

Drew Wilson's article on ZeroPaid make the following important point:

Still, is it the end of the Canadian DMCA? Maybe as we know it today, but the copyright debates are far from over.

Bill C-61 will die on the order paper with the election call just as Bill C-60 did when the last election was called. After the election it will be much faster to see a Copyright bill tabled given the two parties who could reasonably form government already have a bill to table.

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September 1, 2008

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Notice bots under DMCA and C-61 & C-61: history and context

Ottawa's Keith Rose is blogging on copyright, specifically tacking issues around automated notices and recent ruling on the need to take Fair Use into consideration for DMCA take-down notices. That is the USA, and he then asks about Canada under C-61.

August 30, 2008

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Canadian Communication Association position on C-61

Sorry for this June 14 letter (local PDF copy) from the Canadian Communication Association only being posted now, but when the bill was first tabled things got a little busy.

The letter makes a very obvious point: "What is remarkable is that while you seem to have adopted wholeheartedly the more draconian aspects of American legislation evident in their DMCA, you have ignored its most democratic element: fair use."

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August 26, 2008

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Bill C-61 grants new "copyright" related rights to non-copyright related rights-holders?

Many people remark about how similar Bill C-61 is to the USA's DMCA. While Industry Minister Jim Prentice claims that things like the time and device shifting are "made in Canada" (See: Made Worse in Canada (feat. Jim Prentice)), these types of changes were unnecessary in the USA with their many decades old living Fair Use regime. This living Fair Use regime makes US law already far more balanced than Canadian law. If we want to do things right we should drop those excessively limited provisions from the bill, and instead adopt a living Fair Use regime similar to the one in the USA.

As a technical person, my focus is of course on technological measures which is entirely about what software citizens are and are not allowed to run on their own computers.

Read the rest of this entry »

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» US political party that gave us the DMCA/WIPO also pushes MS Silverlight?

An interesting set of threads on SlashDot about the Democratic Convention website using Microsoft's Silverlight platform to distribute multimedia -- excluding anyone not running Windows or MacOS. This is the same party who through policy-laundering their NII policy through WIPO gave the USA their DMCA and was the blueprint for Bill C-61.

It may be interesting for Canadians to speculate what outcome of the 2008 US election will be worse for harming the rights of technology owners. Other thoughts?

See also: ZDNet: Joe Biden's pro-RIAA, pro-FBI tech voting record by Declan McCullagh

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