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April 12, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» It's not the science, but the fiction.

In the Ottawa GOSLING forum, in response to someone who suggested that opponents to nuclear power didn't care about the science, I wrote the following:

Issues with nuclear power are similar to GMO's. The problem isn't the science, but the inability of our governance structures to manage the complexities and the risks when mismanaged. After watching the C-11 committee hearings my belief in the ability of our governments to make sane decisions about technology is even lower than it was before, and I've always been an opponent of nuclear power and GMO's for governance reasons. The lack of basic science and technology literacy in government is extreme: I think they believe Harry Potter was a documentary.

GMO's = Genetically modified organism

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March 17, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Openmedia blog: The beginnings of the Internet Lockdown


by Russell McOrmond

I'm just a technical guy. I make my living as a systems administrator, software author and Internet consultant. After watching failures of the legislative process in the USA that lead to them passing laws that attacked the rights of technology owners and the interests of software authors, I decided I must get involved in Canada's political process. I participated in the consultation in the summer of 2001, and have been very active since. This includes sitting in on nearly all of the Bill C-32 and Bill C-11 committee meetings in-person, and being a witness in front of a Bill C-32 committee on March 8, 2011. I have been live tweeting and writing articles for each of these meetings. Now that committee work ended on March 13, the next steps will be a third reading in the House of Commons and then on to the Senate for whatever study they decide to do.

Read full article on OpenMedia.ca >>

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March 16, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Next steps for the art resale right?

The first amendment moved during clause-by-clause consideration of Bill C-11 was an NDP amendment to introduce resale rights (See March 12 minutes for exact wording). This is a policy that the Liberal party has supported in the past. The chair ruled the amendment inadmissible as it was a new concept that is beyond the scope of Bill C-11.

Before proponents of the resale right take that as a failure, the process needs to be looked at more closely. This is also a good time to more publicly discuss the policy being proposed. Multiple bills on the same topic are not admissible within the same session of parliament. When the chair ruled the amendment inadmissible, he was effectively also ruling that tabling that policy as a private members bill would be admissible within this session.

Would an art resale right be good policy?

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March 13, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Final report from #C11 parliamentary legislative committee

Clause-by-clause finished today, and the bill is now being reprinted (with the Government amendments that all passed -- no opposition passed) and sent back to the house for third reading and then on to the senate.

Will post more later, but wanted to quickly get video out. Also posted to OpenMedia.ca.

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» Bill C-11 legislative committee day 10 thoughts

The tenth meeting of the C-11 special legislative committee was held on March 12, 2012. I posted some quick videos which may offer a good summary.

This was the first day of clause-by-clause, and even with a break for MPs to go to the house and vote, the committee made it approximately half-way through the bill if number of pages mean anything. The meeting will continue tomorrow with clause 35, and the 10'th amendment from the Liberal party that seeks to amend that clause. There is no spoiler here, but the amendment will fail simply because it was a Liberal amendment. While it is possible that opposition amendments could pass, it is highly unlikely if the pattern set thus far continues. Any amendment tabled by the government quickly passes, and any amendment tabled by either opposition party fails.

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March 12, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Group submissions to C-11 committee : CBA submission in context.

A small group of lawyers have publicly disagreed with the submission to the Bill C-32 committee (the predecessor to the current C-11 committee) from the Canadian Bar Association (CBA), an association of approximately 37,000 members that 26 of them are members of. Given the publicity this group has been able to receive, I think it is interesting to look at group submissions in general.

It is not unusual for a subset of the membership of a group who has submitted to these committees to disagree. In fact, that is the norm. This frustrates many people when these associations go into committee and list their membership numbers as if all the members were in agreement with -- or were even made aware of the policy positions of -- the person sitting as witness in committee.

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March 11, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Informal dialog on C-11 at Carleton University

On the evening of March 6, 2012 I attended an informal dialogue about bill C-11 at Oliver’s Pub, Carleton University. It was organized by School of Information Technology Associate Professor Ali Arya, who invited MPs from the C-11 legislative committee, Tamir Israel from the Canadian Internet Policy and Public Interest Clinic (CIPPIC), and myself as guests to talk to students and faculty at Carleton. Hon. Geoff Regan, the Liberal MP on the committee, and Liberal Senator Wilfred Moore attended.

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March 8, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» C-11 on The Matt Holmes Show (CHML Hamilton)

On the Matt Holmes Show at around 20:00 EST an interview I did with Mr. Holmes will air. We were speaking about the Bill C-11 committee, and some of the fun I've been watching for the past few weeks (and will be in the next few weeks).

I of course spoke about the most controversial thing in the bill (TPMs) and the most controversial thing that some of the more extreme witnesses want added to the bill (ISP liability + secondary liability/"enabler").

We spoke more generally than using the Copyright geek language. We chatted about who gets to decide who drives your car, and about violence in music, movies and video games. Listen to the show to see what that has to do with TPMs and SOPA.

Audio archives of the show are available (Look for March 8 Hour 2). I'm looking for feedback on one of the analogies used.

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» Bill C-11 legislative committee day 9 thoughts

The ninth meeting of the C-11 special legislative committee was held on March 7, 2012.

They say laws are like sausages, and you should never watch either one being made. This last day of witnesses before committee moves to clause-by-clause consideration on Monday was likely the oddest day so far, but still very interesting to watch.

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March 7, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Bill C-11 legislative committee day 8 thoughts

The eighth meeting of the C-11 special legislative committee was held on March 6, 2012.

The first panel offered similar themes from the Canadian Music Publishers Association (CMPA), the Audio-Visual Licensing Agency Inc (AVLA), and the Société professionnelle des auteurs et des compositeurs du Québec (SPACQ).

CMPA started with the familiar argument on ephemeral recordings, going further to claim that Berne says you can't revoke a right that is currently being monetized.

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» How long will committe be meeting?

As a reminder, the first meeting minutes has the details, with length of witnesses and clause-by-clause set at that meeting.

Mike Lake moved, — That the Committee begin clause-by-clause consideration of the bill no later than Wednesday, March 14, 2012; that debate be limited to a maximum of five (5) minutes per party, per clause, and five (5) minutes per party per amendment; and that if clause-by-clause consideration is not completed by 9:00 a.m. on Thursday, March 29, 2012, the Chair shall interrupt debate and put the question on all remaining clauses and amendments, as well as all other questions necessary to dispose of this stage of the bill forthwith and successively without further debate and shall report the bill back to the House at the earliest opportunity.

The "no later" than next Wednesday may be an earlier date, but I'll write on that as I find out. In any case, we have a maxim of 4 more days of witnesses.

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» The Effect on the Market Factor in Fair Dealing/Fair Use Law - What IS the law?

I want to point people to a great post by lawyer Howard Knopf discussing an issue that has come up the last few days at committee. There are people who don't like that the Supreme Court of Canada 6-factor test from the CCH case doesn't prioritize the factors and place the effect of the dealing on the market as the primary (or possibly only) factor. Mr. Knopf deals with what the case actually says, and corrects some misinformation given about the situation in the United States.

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» Delays in summary posting: Super (copyright) Tuesday.

Apologies that my post on todays meeting will be late. After committee this morning I met with Kennedy Stewart (NDP MP from Burnaby—Douglas) to discuss Bill C-11 and petitions, then a regular work day.

I then headed to Carleton University to a meeting with technology students, professors, Liberal MP Hon. Geoff Regan (Halifax West, on the C-11 committee), Liberal Senator Hon. Wilfred P. Moore, CIPPIC staff lawyer Tamir Israel and myself.

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March 6, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Digital Locks have nothing to do with Copyright

I was interviewed by Jesse Brown for TVO Search Engine on Friday, and the MP3 of that interview is now available.

Note: Apologies for the sound quality at my end. I was at my workplace and we ended up using the microphone built into my tablet, which offered better sound than the external mic I use with my phone. Seems I need to buy a better microphone if I plan use VOIP on this tablet in the future.

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» Bill C-11 legislative committee day 7 thoughts

The seventh meeting of the C-11 special legislative committee was held on March 5, 2012.

Most of the discussion seemed very familiar, with the interactions from MPs matching what I wrote on the weekend as the theme that has emerged from committee. Near the end of the day we heard Mr. Lake going into details of what the bill actually says, suggesting (quite correctly in my mind) that many of the fears that some of the witnesses have about the copyright bill are simply not reflected in the bill.

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March 3, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Theme emerging at the C-11 legislative committee

I have noticed a theme emerging at the C-11 committee.  Copyright law impacts other areas of policy, including cultural policy and with the type of Paracopyright policy in C-11 we see impacts on property, contract, eComerce and other areas of (primarily provincial) law.

While the governing Conservatives have the copyright policy right, they have the non-copyright policy wrong.  The official opposition NDP have the non-copyright policy right, but have the copyright policy wrong.   The lonely Liberal is just doing what he can to get a question or comment in from time to time.

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March 2, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Bill C-11 legislative committee day 6 thoughts

The sixth meeting of the C-11 special legislative committee was held on March 1, 2012.

First group of witnesses was from CHUM radio, bought by Bell to now be Bell Media Radio. They had two simple messages. Between themselves and parent company they are both content creator/copyright holders and ISPs, and they believe the government got the right balance with notice-and-notice.They want this to move forward as, while the big telecommunications companies already follow regime, not everyone does (smaller ISPs, wireless, etc).

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February 28, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Bill C-11 legislative committee day 4 thoughts

The fourth meeting of the C-11 special legislative committee was held on February 28, 2012.

Witnesses: Canadian Federation of Musicians: Bill Skolnik, Chief Executive Officer; Warren J. Sheffer, Legal Counsel. Pineridge Broadcasting: Don Conway, President. Re:Sound Music Licensing Company: Ian MacKay, President; Matthew Fortier, Director, Communications. Association nationale des éditeurs de livres: Aline Côté, President, Les Éditions Berger; Jean Bouchard, Vice-President and General Manager, Groupe Modulo. Canadian School Boards Association: Cynthia Andrew, Policy Analyst, Ontario Public School Boards Association. Association of Canadian Community Colleges: Michèle Clarke, Director, Government Relations and Policy Research, Public Affairs; Claude Brulé, Dean, Algonquin College.

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» Bill C-11 legislative committee day 3 thoughts

The third meeting of the C-11 special legislative committee was held on February 27, 2012, and followed what will be the normal process for witnesses where the 3 hours is divided into two parts.

The first session had three people marked as individuals, and the second session had someone from the Alliance for Equality of Blind people, and two people representing photographers.

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» Live tweeting bill C-11 legislative committee day 3

While I hope to post commentary later, I did live-tweet (via @russellmcormond)the two "Internet fora" I attended today.

In the morning I was at CIRA's Canadian Internet Forum. One of the panel speakers was Michael Geist who spoke about how the other "Internet forum" was happening in parliament with all the Internet regulation bills.

I then left CIRA's forum to head to center block of parliament to observe the Bill C-11 committe.

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