Canadian open source community upset over proposed copyright law

July 31, 2008 by Stop the Propaganda  
Filed under Bill C-61, Freedom & Law

(Linux.com) - The Government of Canada has angered those who believe that a proposed copyright law threatens the country’s open source business model.

Russell McOrmond, a member of the Canadian Software Innovation Alliance (CSIA), says that Bill C-61, the proposed copyright legislation unveiled by the government last month, ignores just about every recommendation made by CSIA, a coalition of open source businesses and supporters, in a white paper.

That white paper, released in December 2007, recommends an approach to digital copyright that is fair to open source developers. However, McOrmond says that Bill C-61 attacks the freedom of access principle upon which the open source business model depends for its viability.

“Bill C-61 prohibits the circumvention of technological measures, also known as copyright protection systems and technical protection measures (TPM),” he says, “no matter who owns the technological measure or whether the circumvention is being done for what would otherwise be a lawful activity.

READ MORE HERE [ Source: Linux.com, Ian Palmer ]

Copyfight Attracts Local Attention

July 31, 2008 by Michael Geist  
Filed under Bill C-61, Copyright, Freedom & Law

(Michael Geist Blog) - The Tri-City News in Maple Ridge, B.C covers local Fair Copyright for Canada activity. NDP MP Dawn Black describes the bill as a "massive failure."

"A Coquitlam man frustrated with the Conservative government’s plan to implement sweeping changes to Canada’s copyright legislation is drumming up local support to fight the bill.

Jesse Betteridge, an organizer with Fair Copyright, is hoping Tri-City residents concerned about Bill C-61 will attend an upcoming meeting with the group."

READ MORE HERE [ Source: Michael Geist Blog ]

The Canadian Copyfight 2.0

July 30, 2008 by Michael Geist  
Filed under Bill C-61, Copyright, Freedom & Law

(Michael Geist Blog) - Last week, I delivered a talk to the Toronto Fair Copyright for Canada chapter that chronicled the Canadian copyfight and stressed how important it is for Canadians to speak out now on the Canadian DMCA.  Audio and slides of that talk have been posted on Blip.tv and embedded below.  A video version of the talk can be accessed  at MDialog or at Google Video.

READ MORE HERE [ Source: Michael Geist Blog ]

61 Reforms to C-61, Day 28: TPMs - Interoperability Exception, Linux and DVDs

July 30, 2008 by Michael Geist  
Filed under Bill C-61, Copyright, Freedom & Law

(Michael Geist Blog) - The emergence of open source software as a powerful alternative to proprietary software models has been an important business and societal development.  Open source software is today widely used by consumers (e.g., Firefox browser) and businesses (e.g., Linux operating system, Apache web server).  From a policy perspective, the Canadian government's professed goal is to create a level playing field so that the marketplace rather than laws will determine marketplace winners.  It has opposed attempts to create policy preferences for open source (over the objection of some advocates and countries) instead favouring a more neutral approach.

Notwithstanding the claims of neutrality, Bill C-61 creates significant marketplace impediments for open source software.  Achieving a level playing field requires interoperability so that differing computer systems can freely exchange data.  The bill includes an interoperability provision at Section 41.12 which states that the anti-circumvention provisions do not apply to:

a person who owns a computer program or a copy of it, or has a licence to use the program or copy, and who circumvents a technological measure that protects that program or copy for the sole purpose of obtaining information that would allow the person to make the program and any other computer program interoperable.

The problem with this provision is that it does not extend far enough to maintain a level playing field. 

The classic example involves the use of Linux as a consumer operating system (Ubuntu has become a popular version).  Unfortunately, this operating system cannot officially play DVDs since most commercial DVDs contain a digital lock and the entity that controls the lock does not license the necessary locks to play DVDs on Linux.  Programmers have developed alternatives, but all involve circumventing the digital lock, an act that becomes illegal under Bill C-61. 

The interoperability provisions do not help address this issue, since DVDs may not be considered computer programs and many of the circumventing programs have functionality beyond playback of commercial DVDs.  The net effect, as noted by the Canadian Software Innovation Alliance, is that Bill C-61 erects an enormous barrier to open source software adoption, thereby harming innovation and a competitive marketplace.  The solution - as proposed by the Computer and Communications Industry Association in 2000 - is to create an exception the substantially broadens the interoperability exception.

READ MORE HERE [ Source: Michael Geist Blog ]

OPINION: TCM Community Sucked In by StopC51 Propaganda

July 24, 2008 by Stop the Propaganda  
Filed under Bill C-61, Freedom & Law

Here is an alternative opinion provided by Barry Green of OttawaSkeptics.org.

(ottawaskeptics.org) - StopC51 continues to play on the fears of natural health product (NHP) users.  This time, the people who have been duped appear to be the Traditional Chinese Medicine (TCM) community, according to articles in the Vancouver-based The Province (”Feds want to restrict traditional cures“) and CBC news online (”Traditional Chinese doctors fight federal regulation under Bill C-51“).  It’s too bad that, with just a little fact-checking by the journalists, the stories could have been balanced and factual instead of just outlets for StopC51’s unchallenged propaganda.

READ MORE HERE [ Source: ottawaskeptics.org, Barry Green ]

Varsity on C-61

July 23, 2008 by Michael Geist  
Filed under Bill C-61, Copyright, Freedom & Law

The Varsity focuses on the effects of the Canadian DMCA on students.

Hamilton Chamber of Commerce Challenges National Chamber IP Approach

July 23, 2008 by Michael Geist  
Filed under Bill C-61, Copyright, Freedom & Law

(Michael Geist Blog) - As Copyright Watch recently chronicled, local Chambers of Commerce have been singing from the same songbook as Industry Minister Jim Prentice in letters to the editor on Bill C-61.  This is consistent with the national Chamber, which earlier this year formed a new lobby group to push for copyright reform and issued a press release supporting the introduction of the copyright bill - complete with local quotes - within 90 minutes of the tabling of the bill.

Notwithstanding these lobbying efforts, a crack in the coalition has emerged.  At least one chamber of commerce has decided that it wants to look at the bill with an eye to the impact on small and medium sized businesses. The Hamilton Chamber of Commerce had adopted a resolution that it is hoping to get the Ontario and Canadian Chambers of Commerce to adopt seeking studies on the impact that IP legislation would have on SMEs. The concern is that SMEs would bear the burden of enforcement directed at businesses. The Hamilton chamber argues:

  • The estimates of piracy used in support of the Canadian and Ontario policies are unsupported by verifiable Canadian data;
  • Most small businesses are not aware of IP issues and would likely be at a disadvantage if action were ever taken against them on any alleged IP infringement;
  • Small businesses would have a disproportionate increase in expenses in complying with the costs that the policies would create;
  • In Canada, many large owners of IP have ‘over-reached’ the protection that IP has given them to the detriment of small businesses;
  • The proposed change in laws does nothing to favour Canadian businesses;
  • Many IP users are funded by tax dollars (i.e. education, libraries, archives) and an increase in enforcement is likely to increase their costs, which will, in turn, lead to higher taxes which disproportionately affects small business.

The Hamilton Chamber expands on each of these concerns and issues five recommendations:

  1. Verify the quantum of unlawful copying in Canada through the independent collection of statistics based on facts arising in Canada; 
  2. The impacts and benefits that any changes will have on all businesses in Canada including small businesses;
  3. The financial and administrative burden that will be created for businesses - and especially small businesses - to ensure that they can successfully and inexpensively defend unsupported allegations of infringement;
  4. A consideration of how IP enforcement regimes can - within international and national limits - favour and encourage Canadian businesses;
  5. A consideration of how IP enforcement regimes will affect the costs of educational, archival and library uses of IP in Canada and how those costs paid by public funds can be reduced.

Sources indicate that the the Hamilton Chamber will present this resolution for debate in the fall by the full Chamber movement at its annual general meeting.

READ MORE HERE [ Source: Michael Geist Blog ]

61 Reforms to C-61, Day 23: TPMs - No Exception for Obsolete or Broken Digital Locks

July 23, 2008 by Michael Geist  
Filed under Bill C-61, Copyright, Freedom & Law

(Michael Geist Blog) - The inclusion of a right to circumvent in the event that the TPM breaks or becomes obsolete should be relatively uncontroversial.  The U.S. Registrar of Copyrights has included a specific exception that addresses this situation since 2000.  The exception reflects the recognition that the continual evolution of technology places the investment that consumers make in entertainment and software products or that libraries make in materials at risk in the event that a TPM ceases to function or becomes obsolete.  While products do not come with a guarantee to function forever, the law should not impair consumers and libraries that seek to circumvent techologies that are no longer supported and thus create a significant barrier to access to their property.

Despite the obvious, recognized need for such an exception, Bill C-61 does not address the issue.  There is an limited exception for software interoperability, but that provision does not come close address the concerns associated with obsolete or broken TPMs.  Given the frequent changes in technology, it is a question of when, not if, technologies become obsolete.  The Canadian DMCA must anticipate these technological changes by providing a right of circumvention due to obsolete or malfunctioning TPMs.

READ MORE HERE [ Source: Michael Geist Blog ]

61 Reforms to C-61, Day 22: TPMs - No Exception for Filtering Programs

July 22, 2008 by Michael Geist  
Filed under Bill C-61, Copyright, Freedom & Law

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(Michael Geist Blog) - As part of the U.S. Copyright Office's DMCA rulemaking procedure (under which it identifies non-infringing uses that are hampered by the DMCA), the Office has twice issued an exemption for circumvention of filtering software programs in order to identify the list of sites included within the program.  Filtering programs can be used to filter or block inappropriate material, yet the same programs have been subject to considerable criticism over concerns that they may be overbroad and block perfectly legitimate material.  The only way for a party to ascertain whether their site is included on the block list is to access the lists contained in the software program, a process that typically requires circumvention.

In 2000, the Copyright Office found that an exception for filtering programs was needed.  It reaffirmed the decision in 2003.  In 2006, Seth Finklestein, the primary supporter of the "censorware" exception abandoned the fight for another renewal and the exception was dropped.  The same concerns remain, however, which is why a clear exception for the circumvention of filtering programs is needed within Bill C-61. 

READ MORE HERE [ Source: Michael Geist Blog ]

Murray on the C-61 Lowdown

July 22, 2008 by Michael Geist  
Filed under Bill C-61, Copyright, Freedom & Law

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(Michael Geist Blog) - Queen's prof Laura Murray's recent talk on the C-61 lowdown has been posted online.

61 Reforms to C-61, Day 13: Music Shifting Provision and One Copy Per Device

(Michael Geist Blog) - Today's proposed reform comes directly from a reader of the blog who writes:

While I was reading your latest entry in "61 Reforms to C-61," I realized that the "one copy per device" limitation on "format shifting" as described in Section 29.22(1)(d)(i) makes a common practice of mine illegal - one that I don't believe has been touched upon yet. I rip (err, "format shift") some of my audio CDs in two different formats: a lossless encoding (such as Apple Lossless or FLAC) and a lossy encoding (such as AAC or MP3).  I keep both copies in my iTunes music library on my computer.  I use the lossy versions on my iPod shuffle and iPod touch where space is in short supply and the lossless versions on my iPod classic and Mac. Although only one copy usually exists on any of my iPods (although sometimes I'll accidentally get both versions with my Smart Playlists), both copies always exist on my Mac within iTunes as it acts as my sole repository.

I don't know if this is common or not, however, it is another example of how the strict requirements penalize purchasers of music. In this case, the law effectively limits users to a single format since making duplicate copies in different formats is forbidden.  These examples do not involve commercial infringement but rather target individual, private uses, yet Bill C-61 scarcely differentiates between the two. 

READ MORE HERE [ Source: MichaelGeist.ca ]

Copyright Watch on Prentice’s Parrots

(Michael Geist Blog) - Copyright Watch notes the striking similarity between Industry Minister Jim Prentice's talking points and some letters to the editor from local chambers of commerce.

READ MORE HERE [ Source: Michael Geist Blog ]

Kitimat Sentinal on C-61

The Bill C-61 saga keeps heating up. Even the media in Kitimat is getting on board. Read the Kitimat’s article about Canadians ‘foaming at the mouth’ over Bill C-61.

READ MORE HERE

Toronto Gallery Features Exhibit Highlighting C-61’s Dangers

(Michael Geist) - BlogTO notes that the Edward Day Gallery in Toronto is currently exhibiting a new show called "Appropos," featuring appropriation art. The Gallery says:

The Appropos group exhibition is based on the work of artists whose use of imagery integrates existing popular culture products/icons. One of the purposes of the exhibition is to emphasize the crucial relevance of appropriation to contemporary visual artists and their studio practice. As revisions to Copyright Act legislation, known as the Act to Amend the Copyright Act, are currently underway by the Canadian government, there are valid concerns that the elements of contemporary artistic practice such as appropriation and "quoting" could potentially be outlawed by draconian legislation.

The exhibition runs until July 27th (thanks Rob).

[ Source: MichaelGeist.ca, mgeist@uottawa.ca ]

Fair Copyright on the Menu at Prentice Stampede Breakfast

July 5, 2008 by Michael Geist  
Filed under Bill C-61, Copyright

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(MichaelGeist.ca) - The first photos have begun to appear online from this morning's Prentice Stampede Breakfast in Calgary.  By early accounts, a strong crowd (including some media) attended with signs, t-shirts, and handouts to increase awareness of Bill C-61 and to have a chance to to speak directly with Industry Minister Jim Prentice.  Photos online from Grant Neufeld (on Flickr) and on the Facebook event page.  If you were in attendance, feel free to provide your thoughts in the comments.

Update: Coverage and photos of the event at NowPublic, Kempton Lam's Flickr photos, and bloggers (1, 2). 

Grant Neufeld

[ Source: MichaelGeist.ca, mgeist@uottawa.ca ]

 

A Producer’s Perspective on C-61

(MichaelGeist.ca) - Brad Fox lists three reasons why C-61 is "bad policy for both consumers and content producers." [ Source: MichaelGeist.ca, mgeist@uottawa.ca ]

61 Reforms to C-61, Day 10: Music Shifting Provision May Conflict With Computer Backup Systems

July 3, 2008 by Michael Geist  
Filed under Bill C-61, Copyright, Freedom & Law

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(MichaelGeist.ca) - The music shifting provision is careful to limit the number of copies that may be shifted to one per device.  In particular, the provision (Section 29.22 (1)(c)) states that an individual may reproduce "the sound recording no more than once for each device that the individual owns, whether the reproduction is made directly onto the device or is made onto a medium that is to be used with the device."  While the intent sounds reasonable - no more than one copy per iPod or personal computer - the reality of today's computing environment is that many users will unknowingly violate the law and not qualify for the provision. 

Consider Macintosh users that actively use Time Machine to backup their systems (similar functionality exists for Windows machines).  Their computers automatically make a second copy of everything on their hard drives, including MP3 files.  This means that the user that shifts or transfers the songs on a CD to their personal computer automatically makes a second copy onto a medium that is used with the device.  According to the strict terms of the provision, this may violate the law and render both copies acts of infringement.  Users should be entitled to backup their systems without fear of violating the law.  Once again, out of an abundance of caution (or overbroad internal negotiation), C-61 complicates a straightforward principle to the point that may leave many computer users offside the law.  Simple solutions include a flexible fair dealing provision that would adequately address this form of copying or the removal of this limitation altogether given that the music shifting provision already features tight restrictions on further distribution.

[ Source: MichaelGeist.ca, mgeist@uottawa.ca ]

MacKay Hears About Copyright

July 3, 2008 by Michael Geist  
Filed under Bill C-61, Copyright, Freedom & Law

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(MichaelGeist.ca) - Defense Minister Peter MacKay used his monthly column in The News to discuss Bill C-61.  MacKay notes that copyright was a topic of discussion over the Canada Day weekend and then proceeds to offer the standard Conservative talking points on the bill.

[ Source: MichaelGeist.ca, mgeist@uottawa.ca ]

Another Conservative MP on C-61

June 29, 2008 by Michael Geist  
Filed under Bill C-61, Freedom & Law

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Given the widespread use of the Prentice/Verner form letter, it is always good to see MPs venture beyond talking points and actually address the substance of constituent concerns.  A reader recently passed along an exchange with MP Bev Shipley.  While I think Shipley should be commended for engaging on the issue, the letter highlights how the bill and the concerns of many Canadians are not well understood.  For example, Shipley writes that

C-61 allows you to copy your DVD to your computer in various formats. If you damage your DVD you do not lose ownership right to the material although the format in which you use it may be somewhat limited. You can view the movie on your computer or you can connect your computer to your television.

This is simply wrong.  C-61 does not give Canadians the right to copy DVDs.  In fact, under the bill most DVD copying will involve both an illegal circumvention and copyright-infringing format shift.  Moreover, depending upon your operating system, you may be unable to play the DVD on your computer.

And let's be perfectly honest about what is going on here - you know and I know the issue is not about making a back up copy of a CD or a DVD. It is about file sharing and acquiring media people do not pay for!

While I know that there are those would like to characterize the C-61 criticisms as being about a free-for-all, I think this too misses the point.  The majority of editorials and commentaries have rightly focused on the harm this bill does to Canadians who purchase digital content.  The same criticisms could be levelled at the impact on education, or libraries, or film making, or artists, or musicians.  It could also focus on the groups that are broadly supportive of copyright reform but increasingly vocal about their disappointment with C-61 including writers, artists, and copyright collectives.  The various reasons for criticims may differ, but if we're going to "perfectly honest" about the debate over C-61, let's do away with the claims that opposition to this bill is all about file sharing.

Is Canada cloning a lousy U.S. copyright law?

June 29, 2008 by rabble.ca news  
Filed under Bill C-61, Copyright, Freedom & Law

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Last week Industry Minister Jim Prentice and Heritage Minister Josee Verner introduced Bill C-61, the long awaited revamped copyright reform bill. It's really a Canadian redraft of the ten-year-old U.S. Digital Millennium Copyright Act (DMCA).

READ MORE HERE

The Liberal Letter on C-61

June 21, 2008 by Michael Geist  
Filed under Bill C-61, Copyright

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Earlier this week, I posted a letter from NDP leader Jack Layton that is sharply critical of Bill C-61.  The language used in the letter is apparently being used by other NDP MPs.  The same appears to be true for Liberal MPs.  Several people have sent me copies with only minor variations on this standard response:

Thank you for your recent e-mail outlining your opposition to the Conservative Government's new Copyright Legislation. I appreciate the time you have taken to advise me of your position.

While the Liberal Official Opposition believes that updating the Copyright Act to address rapid changes in technology is important, the bill must strike the right balance between consumers and creators. This is a highly technical bill and we need to study it carefully before we can determine exactly how we will proceed.

Like you, we are also concerned about how this bill treats technological protection measures. It is important that these provisions not take rights away from Canadians. We need wide consultation with everyone - including consumers, artists and the business community - to ensure that we properly understand all of the impacts the legislation.

Once again, the Conservatives have failed to properly consult Canadians. We want to ensure that the final bill fosters innovation, fairly compensates creators and treats consumers with respect.

READ MORE HERE

Documentary Organisation of Canada Speaks Out Against C-61

June 20, 2008 by Michael Geist  
Filed under Bill C-61, Copyright

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The Documentary Organisation of Canada continues to speak out against C-61, warning in a letter to the editor that it will "bring an end to the concept of 'fair dealing' and open public debate in any electronic media."

Columnists Sound Off on C-61

June 20, 2008 by Michael Geist  
Filed under Bill C-61, Copyright

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While I've been focusing on the many Canadian editorials criticizing Bill C-61, it is worth noting that mainstream media columnists are focusing on the issue as well.  The Globe and Mail's Ivor Tossel covers the issue today, suggesting that "the bill seems doomed to failure."  The article also includes a link to a podcast discussion of the issue.  Craig McInnes of the Vancouver Sun writes that:

C-61 is about greed, not just rewards, about stifling the age-old enjoyment of sharing music with friends. It imposes a rigid black-and-white legal framework on a multihued, free-flowing landscape. It's about insisting on horse-and-buggy etiquette in an automotive age.

Catherine Ford of the Calgary Herald, in a piece titled Copyright Law Would Turn Millions Into Criminals, says:

While the purported beneficiaries of the new act are those artists, the real beneficiaries will be the companies who publish, control and market such work. With the possible exception of an original piece of art, all intellectual property are copied and distributed by someone other than the creator. It is these middlemen who will profit from digital locks, regardless of the hype about copyright protection.

Update: Matthew Claxton of the Langley Advance writes that "the copyright bill will makes us crooks", while Ron Petrie of the Regina Leader-Post talks about how the law "will make it hard to live in the past."

Angus and Prentice Face Off During Question Period

June 19, 2008 by Michael Geist  
Filed under Bill C-61, Copyright

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Fresh off his Search Engine interview, Industry Minister Jim Prentice faced more questions during Question Period from NDP MP Charlie Angus. 

Angus Reid Poll on Copyright Reveals Strong Opposition to C-61

June 19, 2008 by Michael Geist  
Filed under Bill C-61, Copyright

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Angus Reid has just released a new poll of Canadian views on the new copyright bill.  The survey finds that 39 percent of Canadians want their MP to vote against the bill, 32 percent in favour, and 29 percent are not sure.  By province the numbers are even more revealing: 45 percent against in BC (25 percent in favour), 39 percent against in Alberta (36 percent in favour), 51 percent against in Saskatchewan and Manitoba (23 percent in favour), and 43 percent against in Ontario (23 in favour).  The only provinces that favour are Quebec (43 - 31 in favour) and Atlantic Canada (50 - 30 in favour).

The demographic data is also interesting.  Men oppose the legislation 49 to 33 percent, while women are split 31 - 29 in favour with the largest number (40 percent) unsure.  58 percent of those aged 18 to 34 are against (only 12 percent in favour), while those with college education (44 - 28 against) and university education (47 - 30 against) showing strong opposition as well.  A few additional data points:

  • 76 percent agree with the statement that the proposed amendments "are being introduced as a result of lobbying by the North American music market"
  • 63 percent agree with the statement that the proposed amendments "will expose millions of Canadians to lawsuits by copyright holders"
  • 66 percent agree with the statement that the are symbolic that "the government will not be able to enforce the new law"

If you are the Conservative party, which looks to younger males as a core constituency, this is not good news.

The First Week of the Fight Against Bill C-61

June 19, 2008 by Michael Geist  
Filed under Bill C-61, Copyright

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It has now been one week since Industry Minister Jim Prentice unveiled Bill C-61. While the bill yielded the predictable voices of immediate support from lobby groups anxious to import the DMCA to Canada, it did not take long for the government’s communication strategy to go off-the-rails (a none-too-impressive performance by Prentice at the press conference did not help).  By virtually any standard, it has not been a good week for a minister who is often described in glowing terms as future leadership material. The media coverage has nearly universally criticized the legislation. A sampling of masthead editorials include:

READ MORE HERE

The First Week of the Fight Against Bill C-61

June 19, 2008 by Michael Geist  
Filed under Bill C-61, Copyright

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It has now been one week since Industry Minister Jim Prentice unveiled Bill C-61.  While the bill yielded the predictable voices of immediate support from lobby groups anxious to import the DMCA to Canada, it did not take long for the government's communication strategy to go off-the-rails (a none-too-impressive performance by Prentice at the press conference did not help).  By virtually any standard, it has not been a good week for a minister who is often described in glowing terms as future leadership material.  The media coverage has nearly universally criticized the legislation. A sampling of masthead editorials include:

Further, the online anger has surely exceeded the Minister's expectations:

The response from Industry Minister Jim Prentice?  Letters to the editor that repeat already-tired spin about the bill being a "made in Canada" solution or an appearance on the CBC's Search Engine where he dodges questions and hangs up on the interviewer.  Yet no one should rest on their laurels as powerful groups will fight to defend the Canadian DMCA.  Letters, meetings, local events, and raising awareness remains absolutely critical.  To that end, next week I'll be kicking off another series - 61 Flaws in Bill C-61.  Each weekday from June 23rd until September 15th (the day the House of Commons is currently scheduled to resume), I'll point to a reason why Canadians should reject the bill and demand better.

Vancouver Sun, Ottawa Citizen Slam Canadian DMCA

June 19, 2008 by Michael Geist  
Filed under Bill C-61, Copyright

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Two of Canada's leading papers have issued masthead editorials critical of the Canadian DMCA. The Vancouver Sun doesn't pull any punches in its review of Bill C-61:

the amendments are draconian. While Prentice attempted to sell them as a balance between the rights of content creators and consumers, it's clear that consumers - and in many cases, creators - can only lose should the new regime become law.

The editorial concludes:

The fact that the bill relies on the American method is not just a coincidence, either, as it is almost entirely the result of the intense pressure U.S. authorities placed on Ottawa. In contrast, there was precious little public consultation during drafting of the proposed law. Prentice claims that the bill is a "win-win," though it's not entirely clear who will win. What is clear is that if the bill becomes law, all consumers, and many content creators, are destined to lose.

The Ottawa Citizen, meanwhile, laments that "enforcement will be difficult, if not impossible, and it will limit uses of digital material that have nothing to do with piracy."  It concludes that:

the proposed copyright bill could have some unintended consequences. University professors worry the new legislation tips the balance so far in favour of industry interests that it will unnecessarily limit use of digital data for educational purposes. Canadian courts have said that copyright legislation is meant to protect the rights of artists and creators, and that's an important goal. But copyright legislation is not meant to interfere with private study or education, or to obstruct the dissemination of useful information.

It has always been considered acceptable for, say, students or professors to copy and quote a paragraph of a copyrighted book in a footnoted paper. The new legislation appears to make the digital equivalent of such practices risky, meaning that users would not be able to use a clip from an encrypted video. Cutting such a wide swath into use of digital material will do more harm than good.

U.S. Consul-General Claims Canadian Copyright Weakest in G-8

June 19, 2008 by Michael Geist  
Filed under Bill C-61, Copyright

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The U.S. may have gotten its Canadian copyright bill, but that hasn't stopped officials from continuing their campaign of unjustifiably slamming Canadian law.  This week U.S. Consul-General Lewis Lukens told a conference audience that "Canada's current [intellectual property rights] protection may well be the weakest of any G-8 country, partly because it has failed to ratify and implement well-established international Internet treaties."  In stating the G-8, Lukens is claiming that Canadian law is weaker than those in Russia.

VueWeekly on the Canadian DMCA

June 19, 2008 by Michael Geist  
Filed under Bill C-61, Copyright

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VueWeekly, an independent Edmonton-based weekly, has an article critical of the Canadian DMCA, with comments from Wide Mouth Mason drummer Safwan Javed.

Jim Prentice’s Letters to the Editor

June 18, 2008 by Michael Geist  
Filed under Bill C-61, Copyright

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After months of saying little and refusing to meet with many user, education, and consumer groups, Industry Minister Jim Prentice is apparently planning to counter as many negative articles and editorials as he can find.  After yesterday's Toronto Star letter (which generated the predictable critical response from Star readers), Prentice writes to counter the Sudbury Star's negative editorial.  Of course, it is worth noting that Prentice has missed a few:

At that's just the editorials.  There are many other articles and groups that have voiced their criticism of the bill as well.  Given that he can expect many more negative pieces, perhaps he'll just begin using the same form letter that he has sent to thousands of Canadians assuring them that this really, really is a made in Canada copyright reform.

NDP Response to the Prentice DMCA

June 18, 2008 by Michael Geist  
Filed under Bill C-61, Copyright

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A blog reader writes with the response they received from NDP Leader Jack Layton on Bill C-61:

Thank you for sharing your concern over Bill C-61, An Act to amend the Copyright Act.

The NDP is strongly opposed to this bill and we are calling on MPs from other parties to listen to their constituents and join us in the growing chorus against it.  Rather, we are pushing for legislation that will ensure that artists and creators are compensated for their work but that also ensures consumers are able to enjoy reasonable rights of access.

Over the past two years we have urged the government to consult with stakeholders and develop legislation that would protect artists, innovators and consumers in the 21st century. Unfortunately, the government has completely ignored calls to bring forward reasonable copyright legislation. In fact, this bill is worse than originally feared.  There is no evidence of an attempt to strike any reasonable balance that would protect either artists or consumers. Instead, we are faced with a full capitulation to the U.S. corporate lobby that will pave the way for the criminalization of perfectly reasonable behaviour (like format shifting of most legally purchased content).

What can you do? If you haven't already, contact the Ministers of Industry and Heritage, the Prime Minister, the leaders of the other opposition parties, and your local MP to tell them that you oppose this piece of legislation. Encourage your friends and families to do the same. For contact information, please visit: http://www.parl.gc.ca/common/index.asp?Language=E. Your participation will be important to making the opposition to this bill impossible to ignore.

Again, I appreciate the time you have taken to register your views and concerns about this important issue. Feel free to pass along my email to anyone who may be interested. All the best.

Sincerely,

Jack Layton, MP (Toronto-Danforth) Leader, Canada’s New Democrats

A users guide to the copyright bill

June 16, 2008 by Stop the Propaganda  
Filed under Bill C-61, Freedom & Law

(Macleans.ca) - According to Industry Minister Jim Prentice, Bill C-61 will bring Canada up to date with the rest of the digital world. Here’s how the fed’s proposed amendment to the Copyright Act of Canada will affect you if it becomes law:

Music
You would still be able to copy unprotected music to your iPod and computer so long as you paid for it—but only one copy for each device you own. For downloading unprotected music or movies that you haven’t paid for, you risk a $500 fine. But if you can convince a judge that you did it unknowingly, your penalty will drop to as little as $200. And you won’t be allowed to copy anything (music or movies) that comes with a digital lock. That means you can’t transfer a song from a protected CD to your iPod—even if you own the CD. If you hack a lock, you could face up to $20,000 in fines.

Movies
Breaking the digital locks, which are on pretty much every DVD at your local video store, will cost you up to $20,000 in fines. Programs that help you burn protected DVDs will be illegal to make, sell, rent or import.

Television
You would be allowed to record a TV or radio show, but no more than one copy. And if broadcasters started putting up locks to block your PVR, you could face fines for hacking it.

Cell Phones
You won’t be allowed to unlock your cell phone to avoid roaming charges.

READ MORE HERE [ Source: Macleans.ca, Kate Kennedy and Chris Selley ]

Consumer groups voice concern over potential digital copyright bill

June 13, 2008 by Stop the Propaganda  
Filed under Bill C-61, Copyright

A coalition of consumer groups has waded into the copyright reform debate, calling on the federal government to avoid introducing legislation that will limit consumer rights.

In a letter sent Thursday to Minister of Industry Jim Prentice and Minister of Heritage Jose Verner, the groups said “adapting copyright laws to the modern world and to modern technologies should in no way limit or undermine existing consumer rights or constrain common consumer practices.”

READ MORE HERE [ Source: CBC.ca ]

Copyright law could result in police state: critics

June 13, 2008 by Stop the Propaganda  
Filed under Bill C-61, Copyright

The federal government has introduced a controversial bill it says balances the rights of copyright holders and consumers but it opens millions of Canadians to huge lawsuits, prompting critics to warn it will create a “police state.”

READ MORE HERE [ Source: CBC.ca ]

Emergency Fair Copyright Meeting In Montreal Tonight

June 12, 2008 by Stop the Propaganda  
Filed under Bill C-61, Copyright

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The Montreal Chapter has organised an emergency meeting this evening from 6:00-8:00pm (June 12, 2008) in response to the introduction of the controversial Canadian DMCA slated for today. All are welcome to attend and the location of the meeting is as follows:

Station C
5369 Blvd St. Laurent #430
Montreal, Quebec H2T1S5
Canada

READ MORE HERE

Broad Canadian Consumer Coalition Speaks Out on Copyright

June 5, 2008 by Stop the Propaganda  
Filed under Bill C-61, Copyright

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A broad coalition of Canadian consumer groups, including Union des consommateurs, Option consommateurs, the Public Interest Advocacy Centre (PIAC), the Consumers Council of Canada, the Canadian Internet Policy and Public Interest Clinic (CIPPIC), and the grassroots digital activism organization, Online Rights Canada, have released a public letter expressing concern about the government’s plans for copyright reform.  The letter confirms what has been widely feared - the recording industry may have received assurances of a bill, yet Industry Minister Jim Prentice has still not consulted with Canadian consumer groups.  Had he taken the time to talk to them, he would have been warned that “consumers will never accept an unbalanced law modeled on the American Digital Millennium Copyright Act, which puts industry first.” 

[ Source: Michael Geist Blog ]

Bob Rae Calls for an Open Copyright Debate

June 5, 2008 by Stop the Propaganda  
Filed under Bill C-61, Copyright

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While there is considerable media attention this morning on Jim Prentice (stories on the wikipedia issue and future leadership possibilities), it is very interesting to note that another MP touted as a potential future leader just waded into the copyright debate.  Liberal MP Bob Rae maintains a blog and has posted When Piracy Isn’t: ACTA and New Copyright Legislation.  Rae warns against the potential dangers of ACTA and overly intrusive copyright reforms.  In what could be seen as a direct challenge to Prentice, Rae concludes:

READ MORE HERE

Prentice’s Staff Scrubbing Copyright Controversy From Wikipedia Entry

June 4, 2008 by Stop the Propaganda  
Filed under Bill C-61, Copyright

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While Industry Minister Jim Prentice has sought to project an air of unflappability around the outcry over the Canadian DMCA, it would appear that behind the scenes his staff is working overtime to eliminate any negative comments on Wikipedia. Prentice’s Wikipedia entry has been anonymously amended multiple times over the past week with regular attempts to remove any copyright criticism (as I post this there is no reference to copyright). The IP address of most of the anonymous edits trace back to Industry Canada. For example, on May 27th someone from Industry Canada twice deleted the following:

READ MORE HERE

Canadian Copyright Bill Likely in the Next Six Weeks

April 28, 2008 by Stop the Propaganda  
Filed under Bill C-61, Copyright

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James Rajotte, the Alberta Conservative MP and Chair of the Standing Committee on Industry delivered a noteworthy address at the Public Policy Forum event on copyright this afternoon.  Rajotte divided the government’s IP agenda into three parts.  The first involves commercialization of scientific research, which his committee is currently studying (Rajotte encouraged participants to feed into that process). The second is the need to address commercial counterfeiting concerns through greater enforcement resources and potentially legislative change.

READ MORE HERE