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Canadian Digital Copyright Laws: about to change.

zoo

TRIBE Member
http://www.michaelgeist.ca/content/view/2419/125/

Sometime over the next two or three weeks, Industry Minister Jim Prentice will rise in the House of Commons and introduce copyright reform legislation. We can no longer speak of choices because those choices have already been made. There is every indication (see the Globe's latest coverage) this legislation will be a complete sell-out to U.S. government and lobbyist demands.

The new Canadian legislation will likely mirror the DMCA with strong anti-circumvention legislation - far beyond what is needed to comply with the WIPO Internet treaties - and address none of the issues that concern millions of Canadians. The Conservatives promise to eliminate the private copying levy will likely be abandoned. There will be no flexible fair dealing. No parody exception. No time shifting exception. No device shifting exception. No expanded backup provision. Nothing.

The government will seemingly choose locks over learning, property over privacy, enforcement over education, (law)suits over security, lobbyists over librarians, and U.S. policy over a "Canadian-made" solution. Once the bill is introduced, look for the government to put it on the fast track with limited opportunity for Canadians to appear before committees considering the bill. With a Canadian DMCA imminent, what matters now are voices. It will be up to those opposed to this law to make theirs heard.

------------

Summary?

Conservative government is trying to fast-track laws that would make the following very illegal:

- backup of CDs you bought
- buying an MP3 and playing it on two separate players
- including clips of video or music or text in a youtube video (like if you were making a joke video, or wedding video)
- using PVR to record a tv-show and watch it later

Insult to injury? They're going to keep the taxes/levies on our blank media, just because.

This exclusion of backups, device/time shifting, parody exceptions, and fair-use policy is even scarier than the American DMCA law, and it's happening now. :|
 
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rentboy

TRIBE Member
zoo said:
- buying an MP3 and playing it on two separate players

this makes absolutely zero sense to me.

1. You purchased it. Why is it a problem to play it on more than one device?

2. How would they monitor such a ruling?
 

zoo

TRIBE Member
that's my interpretation of 'device shifting', but that's an interpretation of a second-hand source, so who knows what's really in the bill.
 

zoo

TRIBE Member
... aside from widespread (or targeted) deep packet inspection (which is literally trivial) by ISPs that are working with (or forced to work with) authorities ...
 
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deep

TRIBE Member
This better die on the floor in light of recent rulings in Canadian courts that tactics and punishments similar to the US are un-Canadian violations of privacy.
 

OTIS

TRIBE Member
That's the thing. Any legislation bringing in punitive laws are only as good as enforcement mechanisms. I assume those who will eventually use this legislation will end up opting for an awareness strategy by suing grandmas and 8 year olds. It seems like a pretty sloppy bill to introduce if only for the fact that if it becomes enacted it'll end up eroding respect for the law, and the public's perception of the government's sense of 'justice'.
 

zoo

TRIBE Member
^ Agreed, but what's scary is that bills like this can pass if the implications aren't apparent to those actually voting on the issue. I think that at the end of the day, either it will be rejected, modified, or passed --- but only to be modified/removed later on. A bill that restricts time-shifting, device-shifting, parody, basically all "fair-use" would just be too ridiculous to really observe or enforce.

I mean, if you take device-shifting and fair-use away from us, it could be argued that this would also outlaw "DJs" from playing digital commercial works at clubs/bars without prior consent and paying royalties! Hillarious.
 

Rajio

Well-Known TRIBEr
Last chance to ask the Industry Minister about your copy rights.
Posted by Jesse Brown on November 29 at 11:25 AM


Industry Canada says we'll have a new Copyright bill by Christmas. Any day now, Industry Minister Jim Prentice will rise in the House of Commons and present the new legislation. Based on the Ministry's hints about the bill to date, and on Stephen Harper's recent throne speech, digital rights watchers are fearing the worst. Here's what they're predicting:

* "(It will) put digital locks on our computers, cellphones, iPods, other gadgets and tools and, ultimately, our culture" -Copyright lawyer Howard Knopf (link)

* "There is every indication this legislation will be a complete sell-out to U.S. government and lobbyist demands."
-Internet law Professor Michael Geist (link)

We want to give Canadians one last chance to be heard on this subject before their government moves forward, and that's why we're asking Industry Minister Jim Prentice on to Search Engine, to answer questions posed by you. We have every confidence that when Minister Prentice sees the amount of public concern on this topic, he'll make himself available for a conversation. Submit your questions in the comments.
http://www.cbc.ca/searchengine/blog/2007/11/last_chance_to_ask_the_industr.html#more
 

Eclectic

TRIBE Member
And people wanted a "change" when they voted Harper in....

Scary thing is that the same thing happened in the SK Provincial Election this month.

Change indeed.
 
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OTIS

TRIBE Member
On the other side, from what I understand, measures are also included to heavily deter those who make those intolerale 'cam' movies in theatres. Apparently Canada is a piracy capitol in that respect specifically because our laws are uniquely weak when it comes to that behaviour.
 

OTIS

TRIBE Member
zoo said:
^ Agreed, but what's scary is that bills like this can pass if the implications aren't apparent to those actually voting on the issue. I think that at the end of the day, either it will be rejected, modified, or passed --- but only to be modified/removed later on. A bill that restricts time-shifting, device-shifting, parody, basically all "fair-use" would just be too ridiculous to really observe or enforce.

I mean, if you take device-shifting and fair-use away from us, it could be argued that this would also outlaw "DJs" from playing digital commercial works at clubs/bars without prior consent and paying royalties! Hillarious.
Who knows where it will go? Many of the members in Ottawa are dinosaurs when it comes to issues surrounding new media. They'll likely interpret the bill as a property rights issue rather than one regarding new media. In that sense, any changes in committee (if it even gets that far) will likely occur with that frame of mind which tends to heavily favour the supply (industry) side.
 

Rude1_247

TRIBE Member
zoo said:
Summary?

Conservative government is trying to fast-track laws that would make the following very illegal:

- backup of CDs you bought
- buying an MP3 and playing it on two separate players
- including clips of video or music or text in a youtube video (like if you were making a joke video, or wedding video)
- using PVR to record a tv-show and watch it later
Legitimate uses like these are only being included because there's no real way to seperate them from outright piracy or copyright infringements.

The government isn't the bad guy here, it's the dorks who abused the digitization of media.
 
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oddmyth

TRIBE Member
With DRM almost gone on the music front, I really can't see how this will happen except through software.

And should it happen through software then it will really only be a matter of minutes before someone introduces a way around it.

If it happens as firmware in devices then its simply going to deter the purchase of new models and there will be upstart businesses selling models without this sort of protection or someone will crack that too.

Personally in my opinion I think the bill is being pushed to the extreme to satisfy the lobbyists to the south, but moreso to make it so over the top that no one would pass it.
 
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