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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."
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Canada's New DMCA Considered Worst Copyright Law

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  • Unlikely (Score:5, Interesting)

    by Seek_1 ( 639070 ) on Thursday November 29, 2007 @11:45AM (#21518553)
    I'd say extremely unlikely. We've been fairly (and rightly) entitled to fair use, personal copying etc for a while now thanks to the levy. All this will do is create confusion and cloud the issue.

    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...
  • Huh? (Score:3, Interesting)

    by VorpalRodent ( 964940 ) on Thursday November 29, 2007 @11:49AM (#21518625)
    Does this retroactively make the once ubiquitous VCR (or DVRs) illegal? Correct me if I'm wrong, but doesn't Canada already have a tax on blank media in an effort to combat piracy (or something similar)?

    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.

  • Better not (Score:3, Interesting)

    by OpenSourced ( 323149 ) on Thursday November 29, 2007 @11:55AM (#21518707) Journal
    30 things that can be done to address the issues

    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.

  • Re:Wait a minute... (Score:3, Interesting)

    by palegray.net ( 1195047 ) <philip DOT paradis AT palegray DOT net> on Thursday November 29, 2007 @11:58AM (#21518753) Homepage Journal
    All humor aside, kinda makes one wonder how long draconian enforcement measures would last in Canada if (a) this sort of garbage became law, and (b) average Canadians started getting hurt by the consequences of something as simple as making a personal backup of something covered under the legislation. My bet is: not nearly as long as we in America have tolerated incidents of similar severity, but I could be very sadly mistaken. For now there's always the optimistic view, right? Time will tell, I suppose.

  • Re:Contact Your MP (Score:2, Interesting)

    by milescca ( 1195987 ) on Thursday November 29, 2007 @12:02PM (#21518807)
    I actually did that. And I got absolutely no reply. It was a short polite letter. Not even a note of receipt. But I do not think that the opposition will block this....
  • Re:Not news (Score:3, Interesting)

    by o'reor ( 581921 ) on Thursday November 29, 2007 @12:19PM (#21519091) Journal
    Zut à la fin ! I was about to pirate^Wmake fair use of that excuse too.

    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.)

  • by trolltalk.com ( 1108067 ) on Thursday November 29, 2007 @12:25PM (#21519177) Homepage Journal

    Geist provides a list of 30 things that can be done to address the issues
    I don't even need to read it to know #1 is move to the US lol

    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 ...

  • by debrain ( 29228 ) on Thursday November 29, 2007 @12:25PM (#21519183) Journal
    Wasn't the woman in charge of copyright reform in the Canadian Government and in a closet relationship with a member of the Canadian Recording Industry Association?

    I can't find the reference, now, but thought it relevant. Maybe someone can find it?

  • Re:Not news (Score:5, Interesting)

    by gstoddart ( 321705 ) on Thursday November 29, 2007 @12:27PM (#21519217) Homepage

    Maybe you should try RTFA or at least RTFS. This is not about bending to the will of America, it is about complying with international treaties.

    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
  • by TheGratefulNet ( 143330 ) on Thursday November 29, 2007 @12:28PM (#21519233)
    note to governments all over the world:

    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.

  • Re:Not news (Score:2, Interesting)

    by BForrester ( 946915 ) on Thursday November 29, 2007 @12:42PM (#21519513)
    +1 Funny, not informative.
    RTFA that is linked. It's satire.
  • smart (Score:3, Interesting)

    by icepick72 ( 834363 ) on Thursday November 29, 2007 @01:00PM (#21519825)
    That's the beauty of Canada. This law will never pass. In fact I'd suggest that's the purpose behind the strictness of the law, to ensure it doesn't get passed and therefore everything stays the same. We've got a formula and we're using it. Maybe it's like a company that's being forced into making children's toys and they don't want to, so they always propose something absurd like the nuclear happy fun ball with pins and needles ... and their suggestions always get turned down. It's awesome.
  • onus dissected (Score:3, Interesting)

    by epine ( 68316 ) on Thursday November 29, 2007 @01:40PM (#21520481)
    Wait a second on this idea that "Canada" signed a WIPO treaty. In actual fact, it was minions of a particular administration who decided to sign this treaty, with the usual avoidance of democratic process that signing international treaties entails these days, much to the disgrace of national governments everywhere. Think about this. As an individual, how often do you personally sign a legal contract, text to be supplied later, to the convenience of other parties? Yet apparently our government feels quite comfortable signing in this manner on our behalf.

    There is no possible interpretation of democratic process in which the rights of a nation can be signed away *prior* to disclosing to the citizens of the country the precise implementation in law. Irregardless of any pretense that we, as a nation, have "already signed" this treaty, in fact, every signatory nation understands that you can't sign away fundamental democratic and constitutional rights, which includes the rights of the population to reject faulty implementations of those promises on an indefinite basis, if that needs to happen. Our minions in power seem determined to put this to the test.

    In my view, what the signatory process actually promises is that the government will attempt to pass laws, within the constraints of our natiional legislative and constitutional process. In doing this much, our government is upholding its promise.

    Now we need to vote this bill as presently written into the sewer, so that our government can continue their efforts to uphold their promise by doing a far better job on the next iteration. If it proves that the nation will not accept any legislative implementation of our treaty promise, then they need to go back to their treaty convention and apologize for misunderstanding the will of the people, suggest somes mean by which the failed treaty itself can be repaird, and perhaps refund in humility some expensive dinners obtained at the expense of the expensive suits of the MPAA.
  • Impressive! (Score:2, Interesting)

    by Sta7ic ( 819090 ) on Thursday November 29, 2007 @01:48PM (#21520617)
    Wow! If Canada keeps this up, we might have to change the "In Soviet Russia" meme to a "In Federal Canada" meme!
  • Re:Wait a minute... (Score:5, Interesting)

    by TMB ( 70166 ) on Thursday November 29, 2007 @01:52PM (#21520699)
    While I certainly hope you're correct, do you have any basis for that? If it were a majority government, I suspect it would pass easily, and if Harper really wants to make everything a confidence vote, the Liberals aren't going to choose digital rights as the election issue.

    [TMB]
  • by Jim in Buffalo ( 939861 ) on Thursday November 29, 2007 @03:57PM (#21522799)
    I worry that the entire concept of Public Domain will eventually be written out of copyright law, and exclusive rights to existing Public Domain works, such as The Bible, Huckleberry Finn, and The Wizard of Oz, will be auctioned off to the six mega-media conglomerates.

    It sounds insane, but have you looked at the laws being pushed through the US Congress these days? They're little more than corporate wish lists written in legalese.

For God's sake, stop researching for a while and begin to think!

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