Canada's New DMCA Considered Worst Copyright Law 234
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."
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!
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No quite (Score:2)
Suppose you want Law X (because of some strong lobby), but you know know that the opposition (especially a discredited opposition that wants to win some points) will not allow Law X. How do you get your law passed?
Step 1. Propose Law X+Y+Z+W where Y, Z, and W are unacceptable to everyone, including you.
Step 2. The opposition will jump on it and demand it be changed.
Step 3. You debate or form "a royal
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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.
Re:Wait a minute... (Score:5, Interesting)
[TMB]
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Not if it meant losing their pvrs and mp3 players (which politicians refer to as Ipods and Tivos). See the no time shifting and device shifting clauses. Regardless of there being a majority Gov, the bill would have to go through the 3 readings and be debated. I'm sure the fact that it would basically make their favorite toys not legal would sway even the most horse-blinded politician. Imagine not being able to go home after a long day of bi
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It's very easy to use fake bills....
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Please, write your MP. I have compiled a list of good arguments you can use when writing them [lovethisgame.net].
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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)
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.
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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.)
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Re:Not news (Score:5, Informative)
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
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RTFA that is linked. It's satire.
Oh, that's right. Re:Not news (Score:2)
+1 Funny, not informative. RTFA that is linked. It's satire.
There's more truth in that satire than I've seen in any newspaper.
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Canada has i
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
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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.)
onus dissected (Score:3, Interesting)
Read the treaty text (Score:2)
Let's look at the text of the treaty [wipo.int], shall we?
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Just like in the US, the tax and spend liberals pay down the debt, the penny-pinching conservatives buy votes. It works very well politically as long as rich people who buy media outlets get to choose the terms to describe both sides.
Here's a suggestion: (Score:4, Insightful)
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This is new? (Score:2)
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"Kill it with fire."
"I say nuke it from orbit. It's the only way to be sure."
Next up - Some Newfoundlander will propose "lasers - with frigging sharks on their heads, boy!"
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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.
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Finally! (Score:5, Funny)
Blame Canada! Woohoo!
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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)
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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."
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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.
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See the concept of Private Copying Levy [wikipedia.org].
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Standard operating procedure for the Conservatives.
The last straw (Score:5, Funny)
Re:The last straw (Score:5, Insightful)
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You're welcome to establish your home here in Mexico, where we don't have *ANY* DMCA.
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.
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I don't know if drug laws apply but an example could be that pot is still illegal to grow and use. You might get that infrigement hurts value for both but at least value is for illegal people in the case of drugs.
I'm still waiting for someone to use the "I Have a Dream" speech in public. It is completely illegal to say. Hopefully though you idea will make people think
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.
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The officer made several turns without using proper traffic signals. The officer was *not* in pursuit nor did they have their emergency lights on.
I asked why the officer, who consistantly *never* uses turn signals, isn't charged with a traffic violation. He dismissively responded, "People make traffic violations all the time. We don't stop them all."
To which I replied, "Really?
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"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.
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It allows you to claim your adhering to the WTO treaty without actually doing so. I'd say this is a pretty smart of Canada. Everyone knows that the rules have changed on copyright. We've seen today that EMI is cutting funding to the RIAA. Not a day goes by where the landscape subtly shifts towards a more open, DRM free future.
This move allows Canada to enjoy the benefits of the treaty without adopting any of the pain. All Canada has to do is stall sufficiently until the United States is no longer the do
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What use is an electronic 'copy' of a song that you haven't listened to in years? That you haven't even backed up so could go away with your hard drive when (not if!) it fails. According to the *AAs, th
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(*Canada is mostly 'down' south from where I'm sitting.)
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True enough, as far as individuals are concerned. But institutions like schools, libraries, businesses etc. are a lot more risk-averse than individuals. Responsibly-run organizations will be following the law regardless of what the RCMP decide to do.
yp.
Address the issue (Score:3, Funny)
Do any of them involve the use of rubber chickens and a garrote?
Most scary of these ideas (Score:2)
Dammit! (Score:2)
Relationship w/ Government (Score:4, Interesting)
I can't find the reference, now, but thought it relevant. Maybe someone can find it?
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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)
scratch that! (Score:2, Funny)
You can write to your MP for free! (Score:2)
Impressive! (Score:2, Interesting)
Welcome to Canada (Score:2, Troll)
Welcome to Canada
This is the country that read 1984 and decided it was a reference manual.
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...
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Re:Unlikely (Score:5, Informative)
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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.
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- The governing minority Conservative government is borderline popular. Apart from yet another scandal from the past, moves such as reductions in sales tax, recognizing the Quebecois as nation, and the image of being strong against crime and gangs are generally approved upon. There are issues like Canada's involvement in Afghanistan and climate change where the government's stance is questioned by the opposition parties and the public at large, but not
Seems like a lot of speculation (Score:2)
A
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On the other hand though, my Usenet connection is likely to be humming along 24/7 for the next couple of months.
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Go read the bill (linked in TFS) and form your own opinion then.
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Re:Parody (Score:5, Funny)
Does this mean Weird Al will be banned from performing in Canada?
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Does this mean Weird Al will be banned from performing in Canada?
Maybe they're unhappy with his Green Day parody.
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That's pure bullshit. I listened only this morning to a BBC paid interviewer calling islamic law 'barbaric and sickening' on the most listened to political radio program in the country. The BBC is not anti-christian either, In fact kits forced by law to have pro-religious views interrupt that same radio program EVERY DAY.
I can criticise my government quite openly in the UK, on the TV, radio
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Even the BBC says otherwise! [dailymail.co.uk]
Dude, I listen to the BBC News hour almost -daily- in the USA. They are very liberal.
It seems we always hear about kids and teachers being investigated by the FBI for wearing 'bush sucks' t shirts or other silly things. that just does not happen here
Well, there's no need to investigate everyone in Britian, because you've got everyone on camera. And then, there's this:
Anti-terrorism laws [www.cbc.ca]
In Germany, whack jobs like Scientologists (Score:2)
"In Germany, whack jobs like Scientologists are actually -banned-."
You say that like its somehow a bad thing.
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The sad thing is, that America is a country whose constitution was founded on the idea that you have all the freedoms not specifically reserved for the government. So... to say that the Bill of Rights guarantees us our freedoms is a mistake. We would have a right to keep and bear arms, a right
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Boing Boing, Excess Copyright, Centre fo
Dramatic Malarkey (Score:2)
I don't think that is actually likely, and Geist's track record for inflating hysterical claims makes me even more dubious.
To be fair, though, I'm at work and pretty busy so I haven't yet browsed the actual text of the proposal.
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
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Oh and we now have a Conservative government in Canada. You really should have been able to find that much out on Wikipedia.
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The Conservatives promised to eliminate [conservative.ca] the levy, who knows where this new law leaves the promise. Maybe the elimination of the levy was promised in preparation for the introduction of this more restrictive law?