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Canada's New DMCA Considered Worst Copyright Law
Posted by
kdawson
on Thu Nov 29, 2007 10:31 AM
from the outdoing-the-southern-neighbours dept.
from the outdoing-the-southern-neighbours dept.
loconet writes "The government of Canada is preparing to attempt to bring a new DMCA-modeled copyright law in Canada in order to comply with the WIPO treaties the country signed in 1997. (These treaties were also the base of the American DMCA.) The new Canadian law will be even more restrictive in nature than the American version and worse than the last Canadian copyright proposal, the defeated Bill C-60. Among the many restrictive clauses in this new law, as Michael Geist explains, is the total abolishment of the concept of fair use: 'No parody exception. No time shifting exception. No device shifting exception. No expanded backup provision. Nothing.' Geist provides a list of 30 things that can be done to address the issues."
Related Stories
[+]
Swiss DMCA Quietly Adopted 137 comments
roady writes "We have seen a lot of talk over the years about the Canadian DMCA. But few know about the Swiss version recently adopted by law makers ... not even the Swiss people.
The government and media have been very quiet, probably to avoid a referendum. Indeed, Switzerland is a direct democracy and if 50,000 citizens sign a referendum, the whole country will have a chance to vote against the new copyright law. In this version of the DMCA, sharing a file on P2P networks will land you one year in jail, even though the law mandates a levy on blank media. The history of the law is available online."
[+]
Politics: Canadian DMCA Bill Withdrawn 198 comments
ToriaUru writes to let us know that Michael Geist is reporting that the Canadian Minister of Industry will not be introducing the proposed Canadian Digital Millennium Copyright Act legislation as scheduled. That proposed legislation, discussed here a couple of weeks back, is now reaching Canada's mainstream press. Geist doesn't speculate on why the legislation is being withdrawn, but it could have something to do with the massive popular outcry against the proposal that Geist helped to orchestrate.
[+]
US Group Calls Canada a Top Copyright Violator 293 comments
eldurbarn tips a CBC story reporting that the US-based International Intellectual Property Alliance claims Canada has joined Russia and China among the biggest violators of US copyright law. Quoting: "The group's report is the latest to urge the US government into pressuring Ottawa to reform copyright laws." As we have previously discussed here, the current Conservative government had planned to introduce a new copyright law, but dissent from the privacy commissioner and a groundswell of public protest delayed that action. eldurbarn adds, "What makes this story so important now is that this pressure is being applied at a time and in a manner that may cause the Canadian government to fall, forcing an election." Meanwhile, on the other side of the rapidly heating debate, Michael Geist blogs about the forces arrayed against a Canadian DMCA. The Business Coalition for Balanced Copyright, which includes a who's who of the telecom, Internet, retail, and broadcast communities, has outlined a list of its copyright reform demands.
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Wait a minute... (Score:5, Funny)
Re:Wait a minute... (Score:5, Insightful)
Note to Canadians: It's NOT a good idea to try to beat the US on everything!
Parent
Re: (Score:3, Interesting)
Re: (Score:3, Funny)
Re:Wait a minute... (Score:5, Informative)
The US complains about Canada's IP laws all the time. So every so often we introduce a new bill so we can point and say "see US, we're trying!". However the bill is purposely written to be so restrictive as to never, ever make it through 3 readings in the House of Commons. A bit wasteful, sure, but for the most part it keeps the americans off our backs.
Parent
Re:Wait a minute... (Score:5, Interesting)
[TMB]
Parent
Re: (Score:3, Informative)
Please, write your MP. I have compiled a list of good arguments you can use when writing them [lovethisgame.net].
Re: (Score:3, Insightful)
This isn't garbage legislation, the kind of legislation that will never pass but is introduced to make their voting base happy. This legislation is important to the rich CRIA lobbyists and the Conservatives want to reward them for their support. The Conservatives mentioned these new laws in their Throne Speech, so it's definately important to them.
The Conservatives would never
In Soviet Kanukistan copyright p0wns YOU! (Score:3, Interesting)
Or just host fair use/parody/etc on servers in the US, outside the jurisdiction of Canadian courts. If it works for the White Aryan Nation whack-a-moles (who moved their servers from Canada to the US to escape Canadian laws about propagating hate literature), it can work for everyone else ...
Not news (Score:5, Informative)
Most of us here are embarrassed. Sorry, we'll vote better next time.
Re:Not news (Score:5, Funny)
Parent
Re:Not news (Score:5, Funny)
That was our excuse and I'm pretty sure we copyrighted it (or maybe we patented it, I get so confused these days). Give it back.
Besides, it doesn't work very well.
Parent
Re: (Score:3, Interesting)
We too have elected a neocon. [independent.co.uk]. (although I don't include myself in that "we", having campaigned for years against that guy and his policies.)
Re:Not news (Score:5, Informative)
Parent
Re:Not news (Score:5, Insightful)
American politics is the will of American corporations nowadays. It was US corporations which pressured the US government to strong arm everyone in the WIPO to adopt these rules.
The *AA's managed to influence the laws in many countries by influencing American politicians to serve their own purposes. We all lose.
Now that they have made almost everyone else adopt these laws, they've started to lobby the government to harmonize US laws with everyone else. So, they managed to get everyone else's laws updated so they could then get domestic laws updated.
How messed up is that?
Cheers
Parent
Re:Not news (Score:5, Interesting)
Which American politicians pushed on the members of the WIPO after they'd been lobbied by the *AAs.
The bending has already happened, and, yes, America were the original instigators of these measures. They insisted that everyone else adopt these laws, because they wanted to protect the American movie and music industries.
This is not adhering to international treaties that everyone else in the world decided we needed. It was in response to pressure from American interests that it all happened in the first place.
Bush is still an ass, but, I don't know if these measures were pushed on his watch or Clintons. But, don't pretend that American interests weren't being served when these treaties were signed.
Cheers
Parent
Re:Not news (Score:5, Insightful)
In fact, there is a concern that while legislation is being proposed to conform to treaties, the opportunity will be seized to extend the laws beyond what is strictly required. In particular, it was found [michaelgeist.ca] that some members of Canadian government are being influenced (financially, etc.) by U.S. lobbies. So, there is a real danger that overly restrictive laws get put in place in order to appease U.S. corporations (or the U.S. government, depending on how you want to look at it).
It's not as simple as saying that Canada must comply with the treaties it has signed. As you say, the law can be implemented in various ways, and we must all do our best to insure that they are implemented in sane, democratic, and freedom-preserving ways. (Which may mean not implementing them at all.)
Parent
onus dissected (Score:3, Interesting)
Here's a suggestion: (Score:4, Insightful)
Re: (Score:2, Insightful)
Geist's list of 30 things (Score:5, Informative)
Furthermore, some of it just plain good advice -- only buy DRM-free music and videos, release stuff under the Creative Commons licenses. And so forth.
Most of you are gonna be like, yeah, yeah, but no one cares. That's not true anymore. Now that the MAFIAA have become a nuisance and even public enemy #1 as far as some are concerned, the public will push for change. Like it or not, most politicians eventually cave to public opinion. After all, they need the public's support in order to get elected.
Finally! (Score:5, Funny)
Blame Canada! Woohoo!
It used to be that Canada was the place to go.... (Score:2)
The good news is that the song "Blame Canada" will now have some real life relevance.
Contact Your MP (Score:5, Informative)
Re: (Score:2, Interesting)
Re:Contact Your MP (Score:5, Insightful)
My MP has responded in a timely manner to even emails that I've sent him about my opposition to specific pieces of legislation. I will wait until it is actually tabled before I start doing anything. Right now, it's just FUD. "A possible bill that may be proposed might have horrible consequences for the state of copyright in Canada."
Parent
Huh? (Score:3, Interesting)
What about television news shows? If the equivalent of the concept of fair use doesn't exist, are they no longer permitted to report on issues for which they didn't do the original information gathering? What if it's a cited work?
I admit, I only read the summary for this one, but based on the summary, it appears to be one of the first (if only) accurate Slashdot article titles ever. This truly is the worst copyright law ever conceived. For that matter, it sounds like it would take a truly stupendous lapse in the mental faculties of any politician involved in order to come to the point where one thinks that this would be a good idea.
Well, at least there's another reminder that American politicians aren't the only stupid ones...not that such is really encouraging.
The last straw (Score:5, Funny)
Re:The last straw (Score:5, Insightful)
Parent
Better not (Score:3, Interesting)
I'd say better not. It'd be much better if the law would be passed in that very form. The stronger the law, the less likely it'll ever be enforced. Judges will have to impose penalties to normal people that will have just taped some program for later viewing. Probably the judge himself will have done the same. Probably most of the people voting "yes" for the law will have done the same. The situation will be really untenable, and the whole law will gather dust. If they end with a "reasonable" law, perhaps they'll end up really enforcing it.
A law without enforcement (Score:5, Insightful)
So what's the use of a law if you're not to enforce it?
Re:A law without enforcement (Score:5, Insightful)
Selective enforcement.
They only enforce it when you need leverage over someone. And since practically everyone will be a rampant violator, whenever the government wants to shut somebody up, or suspect them of rape, murder, vandalism or whatever and can't prove it, they'll just charge them with 4000 counts of violation of this law, and threaten them with a billion dollar penalty.
Parent
Re: (Score:3, Funny)
"You really think someone will get charged that much for recording Canadian Idol on his VHS without the commercials for 15 weeks in a row?"
They'll obviously use the insanity defense.
Of course, if they make the jury watch all the evidence, the jury will vote for the death penalty - even though we don't have a death penalty.
Address the issue (Score:3, Funny)
Do any of them involve the use of rubber chickens and a garrote?
Relationship w/ Government (Score:4, Interesting)
I can't find the reference, now, but thought it relevant. Maybe someone can find it?
Re: (Score:3, Informative)
http://www.michaelgeist.ca/content/view/2251/125/ [michaelgeist.ca]
CC
the world won't stop.. (Score:3, Interesting)
the world will NOT stop if the mega-rich media moguls make a little less money in the new 'digital millennia' (god, I hate that phrase). why do they have a 'god given right' to extort money from customers but the customers get less and less fair-use rights, over time?
lawmakers, please stop being slaves to media corporations. we all know they help pay your salary (kickbacks) but we, the real citizens, also contribute to your salary (our tax base). please don't forget you are there to serve neutrally and fairly.
Fair use in Canada (Score:3, Informative)
When Prof. Geist talks about time- and format-shifting, parody, and backup exceptions, these are not exceptions to copyright that are being taken away from Canadians. These are rights that, technically, we've never had. Unlike the US, which had the famous Sony/Betamax case which legalized VCRs, we have never had that debate, and consumers would likely lose if we did. VCRs and PVRs (DVRs) are in a legal grey area at best, if not outright illegal, and yet they are in virtually every home.
This leads to Canada lagging behind with adoption of newer technologies, due to the legally questionable situation manufacturers might find themselves in. TiVo just announced their entry into the Canadian market (officially) this month. How can our government move to reform copyright, and in the process make criminals of virtually everyone? How do we get out of our current contradictory mess of copyright law in Canada, through which downloading of copyrighted material from the internet is legal, and yet VCRs are not?
This bill has not yet been introduced, so we cannot even read it for ourselves to confirm or deny these rumours. That said, I urge every Canadian reading this post to write (snail-mail is best!) their MP post haste and let them know that they don't want to become a criminal every time they transfer songs from their CDs to their iPod, or use their PVR/DVR or VCR. No postage necessary. You can find your MP here: http://webinfo.parl.gc.ca/MembersOfParliament/MainMPsCompleteList.aspx?TimePeriod=Current&Language=E/ [parl.gc.ca]
Hon. Josée Verner and Hon. Jim Prentice are the ministers in charge of the copyright file. Write them too!
smart (Score:3, Interesting)
So where's the bill? (Score:4, Insightful)
http://www2.parl.gc.ca/HousePublications/Publication.aspx?Pub=status&Language=E&Mode=1&Parl=39&Ses=2 [parl.gc.ca]
This supposed "Super-DMCA" is nowhere on the list of house or private members bills.
The government never gets through its order of business anyways, so if this thing is supposed
to get tacked onto the end of the list at some future date, it's unlikely to even
get a reading during this session of parliament.
Sure smells like fear-mongering, rather than anything serious..
Give me your Crystal Ball when you're done with it (Score:4, Informative)
This hasn't even been tabled yet. There is a minority government in power; the opposition can shoot down anything it wants and there's nothing the government can do about it. It hasn't got to second reading, it hasn't got to the Senate, it's pure speculation at worst and in need of some rather improbable help at best. Most of the bills this government tabled in the last session (a year ago) died on the order paper (means nothing happened and can ever happen with them).
Sorry, I'm calling you on this.
BULLSHIT
Unlikely (Score:5, Interesting)
That said, if there is any sort of Canadian Consumers user group that I could contribute to in order to help oppose ridiculous lobby-funded wastes of our government (and people!)'s time like this, I'd be more than willing to contribute...
Parent
Re: (Score:2)
Re: (Score:3, Insightful)
Re:Unlikely (Score:5, Informative)
Parent
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Just tell everybody during the campaign that the conservatives want to make it illegal to put your CDs on your iPod, so go vote.
Re: (Score:3, Insightful)
On the other hand though, my Usenet connection is likely to be humming along 24/7 for the next couple of months.
Re:Parody (Score:5, Funny)
Does this mean Weird Al will be banned from performing in Canada?
Parent
Re: (Score:3, Insightful)
Boing Boing, Excess Copyright, Centre fo
VCRs? Try videotaping a movie! (Score:3, Insightful)
After sitting through another insulting pre-movie commercial, nothing would surprise me anymore:
Image of a prison security camera monitoring an imate pacing his cell. Commentary (paraphrased): "he camcordered a movie, now the justice system gets to camcorder him for 10 years".
That is now actual law. With rather scary commercials to back this up. People can seriously be put in PRISON for 10 years, for recording a movie. And the rest of us get to be cal