Tories want to wrap copyright law by Christmas

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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Tories want to wrap copyright law by Christmas

The federal government still believes it has struck the right balance between the needs of consumers and creators, with the reintroduction of the same copyright bill that died when the federal election was called last spring.

Industry Minister Christian Paradis and Heritage Minister James Moore expressed the urgency of the government's plans to reporters Thursday morning, after the tabling of the legislation in the House of Commons.

The heritage minister emphasized the growing importance of digital technologies to the Canadian economy. "This legislation will make it clear to everyday Canadians that technology is at their disposal and free to be used," Moore said, giving examples of format-shifting and time-shifting technologies that had become a grey area in the past.

"It also makes sure that piracy is illegal in Canada, and it also makes sure that creators have a right to protect their property with digital locks and digital protection measures," Moore added. "Canadians will not be penalized for transferring their favourite novel or album onto their mobile device," Paradis confirmed. "They now will be able to upload the content they have created, like mashups, to internet sites without facing punishment."

Michael Geist, a University of Ottawa law professor who specializes in internet law and has a strong interest in copyright, said the government's approach "sends a strong message that the government thinks they struck the right balance" between consumers and creators in the way it was introduced before.

However, he noted that there are groups that the government has yet to hear from and there has been widespread controversy over some parts of the bill. In particular, many groups are concerned about provisions dealing with digital locks or technical means of "copy protection." The reintroduced bill makes it illegal to break or circumvent digital locks for any reason, even to exercise other rights under the Copyright Act.

Geist and many other advocates believe it should be legal to circumvent digital locks for legal purposes.

Moore argues that creative groups support digital lock provisions to allow copyright owners to take people who steal content to court to pursue damages. "This is protecting the rights of creators," the heritage minister said Thursday. "If somebody hacks into a piece of software... and destroys a business model, that's a problem. That hurts investment in Canada, it hurts jobs, it hurts creativity, it hurts innovation. That's what we're trying to stop."

Moore called suggestions that the bill should not have digital lock provisions "ridiculous," and added that not protecting what people have invested in would be "irresponsible."

The NDP's copyright critic, Charlie Angus, supports modernizing copyright law. But he said the government knows there were things that needed to be changed from the former legislation. "The previous bill was a dog's breakfast, it was completely unworkable," Angus told reporters on Parliament Hill Thursday. "The bill has to be fixed before we will support it," he said, citing lost royalties for artists, digital lock provisions and issues around the provision of materials for distance education as major concerns.

"We haven't seen this government open to working with anybody yet, but we will go in with an open mind," Angus said. "The government is looking to try to find a balance but they haven't found it yet."

"Canadians will be deeply disappointed if the government rams through unbalanced, unCanadian legislation that strips them of their rights as users of copyright," said a statement issued by Liberal heritage critic Scott Simms Thursday. In the same statement, Liberal industry critic Geoff Regan said the reintroduction of exactly the same bill "makes a mockery of the consultations held last year" by ignoring the reasonable suggestions for improvement that were offered by witnesses.

Tories want to wrap copyright law by Christmas - Technology & Science - CBC News
 

DurkaDurka

Internet Lawyer
Mar 15, 2006
10,385
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Toronto
What worries me about this is how the "fair use" exemptions (backing up your purchased media etc) are nullified by the digital lock provisions. Some of this legislation is not very well thought out. IE, you can legally backup your purchased DVD's but it's illegal to break the encryption in order to backup said DVD. Thanks for nothing Steve!
 

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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Conservatives are too busy saving the economy to worry about this menial stuff.
 

Bar Sinister

Executive Branch Member
Jan 17, 2010
8,252
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Edmonton
The problem with attempts to modernize the copyright laws is that technology is moving much faster than legislation can keep up with it. It is very likely that 100 megabyte download speeds will become commonplace in a few years and that some new technical device that has not yet been invented will appear to further complicate matters. And then there is the matter of enforcement. The A US Court has already ruled that an IP address is not a person and if Canadian Courts make similar rulings the law will be almost impossible to enforce. Also with huge numbers of downloads occurring daily will it even be possible to prosecute all of the violators without completely tying up the courts?
 

DurkaDurka

Internet Lawyer
Mar 15, 2006
10,385
129
63
Toronto
The problem with attempts to modernize the copyright laws is that technology is moving much faster than legislation can keep up with it. It is very likely that 100 megabyte download speeds will become commonplace in a few years and that some new technical device that has not yet been invented will appear to further complicate matters. And then there is the matter of enforcement. The A US Court has already ruled that an IP address is not a person and if Canadian Courts make similar rulings the law will be almost impossible to enforce. Also with huge numbers of downloads occurring daily will it even be possible to prosecute all of the violators without completely tying up the courts?

That's the fallacy of these lawsuits in the US and Canada. You cannot definitively link the owner of an IP lease to copyright infringement. Many people have unsecured wifi connections where thousands of people could be leaching off, or they have someone in the house downloading without their knowledge or the ISP could have issues with their logging. Most of these lawsuits are nothing more then extortion attempts where they try to get you to settle for a couple grand without the decision of a judge or jury, which works in many cases as most people do not have the funds to defend them selves properly against overwhelming legal pressure.
 

petros

The Central Scrutinizer
Nov 21, 2008
109,367
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Low Earth Orbit
Do they wear toques in the summer? What's with the toques? Did they lose their mittens?

Are they the ones that kinda sound like Bowie?
 

DurkaDurka

Internet Lawyer
Mar 15, 2006
10,385
129
63
Toronto
Do they wear toques in the summer? What's with the toques? Did they lose their mittens?

Are they the ones that kinda sound like Bowie?

I guess you could draw some similarities with Bowie, I believe he has performed with them in the past.
 

Liberalman

Senate Member
Mar 18, 2007
5,623
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Toronto
As a Liberal I totally agree with jack boot Harper on this one music sharing is piracy and it is about time a government put some teeth into a law that protects works. Two years in jail is a good start.
 

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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Led Zep has ****ty songs?




Well, there's been a few bands. I have paid full price for every Arcade Fire album (awesome canadian band)

The latest Stephen Malkmus and Flaming Lips albums have been worth every penny.
 

petros

The Central Scrutinizer
Nov 21, 2008
109,367
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113
Low Earth Orbit
What's an album? This summer while cleaning the basment I came a across a box of 45s and 8 tracks. My kids had never seen them before. She was even more puzzled on how I got $100 for the box full.
 

DurkaDurka

Internet Lawyer
Mar 15, 2006
10,385
129
63
Toronto
As a Liberal I totally agree with jack boot Harper on this one music sharing is piracy and it is about time a government put some teeth into a law that protects works. Two years in jail is a good start.

For downloading music? You're delusional.

Secondly, we subsidize the music industry with every single blank cd-rom or other recordable media we buy, it's called the "blank media levy". Private copying levy - Wikipedia, the free encyclopedia