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February 7, 2013

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Commercial infringers demanding government gut laws protecting technology owners.

I sent the following to my MP and to the Minister of Industry:

Mr McGuinty, my MP for Ottawa South,
Cc: The Honourable Christian Paradis, Minister of Industry,

As you know I have spent more than a decade working on protecting technology owners from various forms of infringement of their tangible property rights. Much of the threats to property rights comes from people and organizations falsely claiming such infringements are necessary to protect their rights.

To borrow from a related phrase: One owners right to protect their property ends at my right to protect my property.

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December 19, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Computer Control in the context of a Gun Control debate

There has been considerable discussion (debate, flamewars) about gun control in the wake of the tragic shooting in Newton, Conn. -- so much that the NRA hid its Facebook page to avoid hosting flame wars.

It is hard for me not to be reminded of the debates about computer control while listening to all the debates on gun control.  (See: Protecting the property, privacy and other rights of owners: Bill C-19 and Bill C-11 , The long computer registry and IT control).

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October 1, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Cautionary Tales About Collective Rights Organizations

I've received a few emails about a document (PDF) describing the track records of Collective rights organizations (CROs), including from InfoJustice and one of the founders of Unglue.it (Another awesome alternative to CROs).

My own concerns about how CROs often push for exceptions to copyright in the form of compulsory licensing was included (See page 18, 19), with a reference to "Independent authors just wanting a little respect... from fellow creators and collective societies".

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September 17, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Privacy/security battleground in your computer, not just on network and in cloud

I want to highlight and frame something said by Christopher Parsons in a recent interview on CDNTech network.  When asked about encryption (time 6:12), he clarified that surveillance will most often involve going around encryption, such as by installing malware on the computer of the person being surveilled.  The alternative would be to intercept the communication on the network or as stored in the cloud, and try to decrypt.

This should point to an often forgotten truth:  that the question of who controls your computer is just as, if not more, important than how Internet Access Providers (IAP's) or services (Facebook, Google, etc) are regulated when it comes to protecting your rights and interests.

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August 22, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Douglas Rushkoff on Program or Be Programmed

This morning on the way into work I listened again to the interview CBC Spark's Nora Young did with Douglas Rushkoff as part of their Summer audio blog. I recommend everyone listen to this interview. Greatly simplifying, he speaks about how we live in a programmed world, and that people who don't understand at least a little bit about programming will not be able to be full participants.

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August 16, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Ownership doesn't make people do bad things, or excuse them.

Sometimes the feedback you receive from writing is unexpected, as happened with Andrei Mincov's feedback on twitter about yesterdays article: Why do we have copyright?.

He didn't offer feedback on the focus of the article, which makes sense given Mr. Mincov provided a good tool to determining which of two different answers to the "why copyright" question we each might give. What I found interesting was his response to the second half which documented how it was the protection of the rights of technology owners that caused my increased interest in copyright law.

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August 15, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Why do we have copyright?

Andrei Mincov is a lawyer who specializes in copyright and related areas of law, and is actively involved in the copyright revision discussion. In April of this year he posted a Response to William Patry in the form of a review of William's book How to Fix Copyright. While I agree more with Mr. Patry's take on the issues than Mr. Mincov, I found reading the article and Mr. Patry's critique of this response extremely informative to solidify in my mind why I believe what I do.

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July 9, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» New informal idea sharing videos

I've posted 3 new videos to my YouTube channel that I recorded at the cottage last weekend.

July 4, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» To fees on devices the Harper Government says: yes, no,... err.. what was the question?

In a press release and news conference speech the "Harper Government" alleges to not want to increase costs or otherwise devalue the devices Canadians wish to purchase and own. Minister Paradis claimed that "Placing a new fee on devices with removable memory cards, such as BlackBerrys and smart phones, would increase costs for Canadian families and impact the adoption of the latest technologies."

I say claim not because I disagree that devaluing the devices we own is unwarranted and unfair to Canadians, but that the "Harper Government" did far worse within C-11 than they are alleging to "fix" now.

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June 28, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Harry Page, CEO, UBM TechInsights

Yesterday I asked if there were any technical witnesses at the Senate committee studying C-11. I have been pointed to Harry Page, CEO, UBM TechInsights, who appeared before Industry Committee (press release, Hansard from committee, audio/video) and then again at the Senate Committee on June 26'th at the 09:00 meeting.

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June 27, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Double standard on Copyright vs IT Property Rights

In my brief to C-11 committee and in recent presentations I have suggested people compare the attitudes between copyright and technology property rights.  Each of these rights have rightsholders who control various activities relating to their property, and each have people infringing those rights by ignoring that control.

One person who believes copyright should be stronger, but pretty much denies the existence of IT property rights is John Degen.  He appeared before the Senate committee studying C-11 yesterday.  In a few tweets he suggested that as part of the testimony he held up his Kobo and said that he didn't care that the content or tech was locked.

In other words, he chose to waive his right to hold the keys to his property (the Kobo).  He personally didn't feel the need to control what software would be installed on it.

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» ABC Copyright: slides and YouTube video

On June 4 I gave a workshop at the ABC Copyright Conference titled Access vs. Copyright: Technological measures, Paracopyright, and copyright.  I made my slides available and on June 17'th made an informal recording for YouTube based on the same slides.  Links to both, and to media made of other talks, have now been added to the program.

Summary:  I gave a brief history of TPMs being added to copyright law, then described the two narratives for discussing TPMs: 2-constituency involving copyright holders and users (and a magical incantation on content), and 4-constituency including copyright holders, users, software authors and hardware owners.

Since "digital locks" (technological measures) are often applied to both content and devices, I suggested people compare how the law and various people protect or disrespect the relevant rights-holders.  Each of copyright and technology property rights have primary and secondary infringers, and who is committing these infringements are quite different.

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June 21, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Bill C-11 in the Senate: what would I say to them?

Bill C-11 started debate at second reading in the Senate on June 20'th, with debate resuming on the 21'st.

While it is unlikely that I will have a chance to speak in front of the Senate committee studying Bill C-11, the following is what I would have liked to say.

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June 9, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Truck control unconstitutional? What about computer control?

Justice of the Peace Brett Kelly ruled in Welland, Ont. (Central West Region) on Wednesday June 6 that the provincial law requiring large trucks be limited to 105 kilometres an hour is unconstitutional. This is expected to be appealed, and this process will be very informative to those of us concerned about government revoking owner control over other technology such as computers.

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May 16, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Elizabeth May and C-11

Elizabeth May, leader of the Green Party, was the focus of attention for the debate at report stage of Bill C-11.  In her speech introducing amendments she spoke about why she introduced 18 amendments to the act.  It was also voting on each of these amendments that was taking the time yesterday during votes, and it was she that eventually "released the hostages" by allowing previous votes to apply to later motions.

Unlike other MPs and other parties, her amendments more closely reflected what Canadians said in consultations.   While there were other issues up for debate, such as educational copyright, the bulk of submissions and participation in the consultations were opposition to legal protection for "technological measures".  Given this, while she also addressed educational copyright, the bulk of her amendments addressed various aspects of technological measures.

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May 4, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» International Day Against DRM — May 4, 2012

It is fitting that the GOSLING 10-year anniversary coincides with the International Day Against DRM — May 4, 2012. My focus in GOSLING has been how the government regulates software, including how the government protects or rejects software choice. DRM (Digital "Rights" Management, Digital Restrictions Management, Dishonest Relationship Misinformation) easily represents the greatest threat to the rights of technology owners, including the right of technology owners to make their own software choices.

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May 1, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Not so special 301 report

The yearly joke from the USTR of their so-called "Special 301 report" came out yesterday. Not surprisingly, they kept Canada on their Priority Watch List in order to keep up their special interest lobbying efforts.

Does this mean Canada is a "piracy haven"? Not in the slightest.

It only means that the USTR continues to echo the unfounded lobbying rhetoric from the IIPA which isn't as interested in promoting the rights and interests of creators and innovators as they are protecting their members from legitimate competition.

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April 25, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Why aren't we protecting the rights of cell phone owners?

I have sent in my comments to the CRTC on the development of a national code for wireless services. My submission is focused on the rights of cell phone owners.

Available as: PDF, Google Doc.

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March 21, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Technological measures in a land of myth and a time of magic

In a land of myth, and a time of magic, a young technology journalist conducts an interview on digital locks. His name… Jesse Brown.

The person he is interviewing is Financial Post editor Terence Corcoran. Mr. Corcoran, admitting he doesn't understand technology, speaks of magical incantations that can be done over digitally encoded copyrighted works.

While Jesse and I both normally focus on discussing science and technology, I thought it might be interesting to explore what my views would be if I lived in the land of young Merlin or with the magic of Harry Potter.

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March 19, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» The double-standard: technology property rights infringement vs. copyright infringement.

Last week I had a letter to the Hill Times editor published which discussed the anti-competitive nature of the technological measures aspects of bill C-11.

I received the following question via twitter:

Read your letter in HillTimes. You really think Netflix should have no say how they want their content distributed?

My short twitter-length answer was:

There are infringing and non-infringing ways to do that http://c11.ca/brief - Businesses built on infringement not legit

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