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March 7, 2013

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Ongoing government dishonesty conflating Copyright with Counterfeiting

This isn't a new issue, even if there is a new Conservative Government bill C-56 tabled before parliament. The long and short titles tell a shortform of the dishonesty:

An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts

Short Title: Combating Counterfeit Products Act

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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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January 14, 2013

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Remember Aaron Swartz by working for open society and against government abuses

Dan Gillmor offers great words for those of us mourning Aaron Swartz.

January 2, 2013

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Public Domain Day 2013

January 1'st each year we morbidly celebrate the death of authors and other creative persons. Flaws in the law mean the expiry of the copyright monopoly, and works finally entering the public domain to the enrichment of all humanity, is most often calculated from the year of a creative person's death.

Wallace J.McLean, Meera Nair and Michael Geist all blogged about the celebration.

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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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December 12, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Discussing The Declared Value system - a proposal to liberate copyright/patent monopolies

I have been contributing to a thread on Google+ about a copyright/patent reform proposal by Karl Fogel.

While the specific proposal is interesting, I am most happy about the overall themes.


  • Recognition that we are talking about statutory monopolies, and all monopolies have a social and economic cost which must be considered.
  • Recognition that there is a need for registration and renewal for this monopoly, after a possible formality-free grace period.
  • Recognition that this monopoly should come at an economic price (registration/renewal fees, taxation, etc) to the monopoly rightsholder.

Whatever specific reforms are suggested, debated and discussed, these offer a critically needed starting point.

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December 9, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» The Writers Union becoming a protest group?

While unfortunate, I was not surprised to hear that representatives of the Writers Union of Canada (TWUC) crashed a private meeting of the Association of Canadian Community Colleges (ACCC) on November 12'th. Like a "Yes Men" type of event these uninvited guests forced themselves in front of the assembled members to speak and pamphlet. They were rude enough that they had to be asked to leave the premises. TWUC protesters video taped their intrusion and sent out a press release.

I was worried this type of thing would happen when I heard that John Degen had become the executive director at TWUC. I first met Mr Degen in 2006, and my concern then was that a certain subset of authors he was part of were lobbying to remove choices from author. Suggesting that there is only one true business model to pay authors, and that authors should not be allowed to explore potentially more lucrative alternatives, appears to remain at the heart of the TWUC protest.

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November 8, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Order Fixing Various Dates as the Dates on which Certain Provisions of the Act Come into Force

Many parts of the C-11 came into force on Wednesday as part of a notice in the Canada Gazette.

Also published on the same day: MicroSD Cards Exclusion Regulations (Copyright Act), which temporarily excludes MicroSD cards from the private copying levy. The government went out of their way to protect the levy (what they sometimes call a "tax") in Bill C-11 itself.

Sections relating to the two WIPO treaties will be delayed until it is confirmed that Canadian law conforms to the requirements of those treaties.

There is also a delay relating to the notice-and-notice regime for ISP liability.

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October 22, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Elections Canada Issues Writs of Election for Calgary Centre (Alberta), Durham (Ontario) and Victoria (British Columbia)

Elections Canada has announced 3 by-elections.

» How software vendors are like political parties

In a previous blog article I compared software vendors and political parties. This is a theme I've been discussing for years. When speaking to politicians I suggest they know more about software than they think, and that the most important dynamics they need to understand about software are similar to political science.

Lawrence Lessig wrote in Code about how computer code (or "West Coast Code", referring to Silicon Valley in the USA) may regulate our lives similar to how legal code (or "East Coast Code", referring to Washington, D.C.) does. While there are rare examples of individuals authoring their own code that governs their own lives, in the majority case the code is authored by one group of people and governs many people who in some way choose to be governed by that group.

How much choice people have in what team authors the code they are governed by is considered critical in legal code, with many in the west considering it worth going to war to protect their right to choose in the form of democracy. In most countries we choose individuals part of a team, with those teams called political parties.

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October 17, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» We wouldn't require Liberal party membership for access to PARL.gc.ca features, would we?

A blog article by Kady O'Malley about a new feature on the parliamentary website suggests that rather than moving towards Internet standards that the parliamentary IT folks are moving to being more software vendor dependant.

In this case it was a new "View this Video" feature only being available under Microsoft's Internet Explorer. There is an ugly hack called IETab which allows Internet Explorer to run within Firefox or Chrome, but that still requires the use of a specific brand of browser that only runs on a single historically popular operating system.

The popularity of an operating system or device at any moment in time should not be considered relevant to new features on the parliamentary website. At one time the Liberals held a majority, and by the logic of suggesting that having a majority once means that things should be mandated forever we should be mandating that only Liberal party members be able to access new features on the parliamentary website.

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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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September 15, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Ownership, or emotional attachment to a right?

A CBC Spark interview with James Grimmelmann about the ReDigi case in the USA highlights some of the confusion around the usage of the word "own" in the context of copyright.  I understand why recipients of copyrighted works are confused given the confusing language used by the recipients of the government granted monopoly of copyright itself.

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September 7, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Should first to file vs invent matter in a well managed patent system?

This is a discussion that has bothered me for a long time.  There are debates and studies which try to suggest that one or another of "first to file" (FTF) or "first to invent" (FTI) is better for one or another type of inventor (small inventors, etc).

A recent article in IP Osgoode demonstrates the problem.  In referencing a study the article suggests, "The study finds that the shift to FTF resulted in a reduction in the number of patents granted to individual Canadian inventors and small businesses".  This is a study based on the Canadian experience having made the switch to FTF in 1989, with the USA switch coming into force in 2013.

The assumption of the article, and most of the debaters, is that if some patents are good, more are better.   The fact that the number of patents granted went down after a change should not be presumed to be a bad thing, when in fact patents not being granted may just as easily be a good thing for innovation.

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» Circuit Design Research Contest from Patexia

I received the following note about a contest from Patexia to find prior art on a specific patent. Given the critical problem of patent quality, where innovations that are low in utility, novelty and/or unobviousness are granted a patent statutory monopoly by governments, tools to invalidate poor quality patents are an important part of the solution.

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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 20, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Looking for feedback on comment system.

Currently we are using the built-in Drupal commenting system on this site, which requires that people get a drupal account to comment. This seemed like the right thing to do when the site was set up, and we wanted everyone to have accounts so that they could also more easily send letters to their MPs.

I now wonder if the extra step to sign up, and the use of a simplistic editor forcing people to use HTML encoding, is no longer the right choice. From the comments I see on Twitter, Google plus and elsewhere talking about articles from this site, it isn't a lack of interest that has meant there isn't comments here. It is likely the commenting system.

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August 19, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» From Pet to Nexus: 31 years in the personal computer market

Jeremy Reimer of Ars Tech published an article From Altair to iPad: 35 years of personal computer market share. It is a great read both for those who have been involved in the industry for many years, or new people who may not know any of the history.

The interesting thing about history is that different people who were there experienced it differently. The interesting thing about statistics is that the details of what the methodology is counting is often more important than the numbers that come out. Much of the Ars article this month and from 2005 were based on IDC numbers, which I have been critical of for years for being wildly inaccurate in reporting alternatives to Microsoft Windows running on Intel/AMD machines.

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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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