Graduated Response Archives

A framework for voluntary graduated response in online copyright enforcement

More and more, graduated response systems are being debated and put forward as legitimate solutions to online file sharing. In a recent article, “Graduated Response and the Turn to Private Ordering in Online Copyright Enforcement“, Professor Annmarie Bridy of theUniversity of Idaho College of Law explains why “voluntary graduated response, as publicly controversial as it is, is squarely on the table as corporate rights owners and broadband providers discuss their respective roles in the future of online copyright enforcement.” …

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Reflections on the liberal roundtable on the digital economy

Last week, Liberal Industry critic Marc Garneau and Heritage critic Pablo Rodriguez hosted a roundtable on the digital economy in Ottawa. There were two panels. One was on our modern digital infrastructure. The other one was on copyright, broadcasting and the Internet. I participated in the copyright roundtable along with representatives from the ESAC, ACTRA, Rogers and Prof. Geist.

I commend Messrs. Garneau and Rodriguez for organizing this event. Developing a strategy for Canada’s digital future is a critical component of ensuring prosperity and opportunities for all Canadians.…

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How can copyright reform best balance the rights of creators, intermediaries and users?

Here is a digital version of the article published in the Februaryissueof the CBA National magazine. The following question was posed to Prof. Geist and myself. My answer is set out below.

With a view to positioning Canada as a leader in the global digital economy, how can copyright reform best balance the rights of creators, intermediaries and users?

Copyright has become an emotional topic in Canada in which everyone has a stake. Authors’ livelihoods depend on it. Rights holders need clear, predictable, and fair rules that support creativity and innovation.…

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The fallout from iiNet: markets and laws failing in face of net piracy

Last week the Federal Court of Australia released its important decision in the iiNet case. As many commentators have pointed out, the court declined to require Australia’s ISPs to disconnect those of its subscribers who are repeat copyright infringers.

In the course of reaching this decision, the court made a number of important rulings about the liability arising from the use of BitTorrent networks including the following:

Seeders and peers that make music available for sharing are infringers under Australia’s making available right.

…

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Debating graduated response at the Center for Democracy and Technology

The US Center for Democracy and Technology recently hosted a debate about the pros and cons of graduated responses systems. The debate can be seen below.

As Canada considers its options for copyright reform, we should be focusing not on whether we should implement graduated response, but on how we ought to do it.

France, the UK, and New Zealand have shown the way. Representatives from Belgium and now Turkey have also expressed support for implementing such a regime. Yesterday’s iiNet decision in Australia shows that self-regulatory approaches may not work out as expected. …

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Graduated response and copyright: an idea that is right for the times

This is a copy of an article published in The Lawyers Weekly (January 2010) by Barry Sookman and Dan Glover.

In mid-2009, the Canadian government launched a nationwide consultation meant to canvass what amendments to the Copyright Act are necessary to support Canada’s participation in the global, digital economy, and to foster innovation, creativity, competition and investment.

There is no doubt that our copyright laws need amending. Amendments are required on a number of fronts. New exceptions are required to meet legitimate user expectations to access and use copyright content without infringement.…

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ITIF Report: Strategies for Reducing Digital Piracy

Earlier this month, The Information Technology & Innovation Foundation (ITIF) published a paper called Steal These Policies: Strategies for Reducing Digital Piracy. The aim of the paper is to advance a policy in which illegal sources of digital content is reduced while legal content becomes more accessible. The executive summary provides the following overview of the problem as follows:

“The rise of broadband Internet access and cheap storage, along with the growth of digital content, has enabled digital piracy to flourish around the world.…

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Getting the straight goods on ACTA, check your sources

There has been a lot written about what ACTA might finally look like. A good deal of it is intended to tarnish ACTA based on misleading interpretions of what is currently known. I discussed this in a recent post, Fear Mongering and Misinformation Used to Slag ACTA.

Another recent blog posting, Talking About Nerd Stuff: RE: Anti-Counterfeiting Trade Agreement, reviewed some of the anti-ACTA hype and came to the correct conclusion that simply relying on secondary and tertiary summaries of ACTA would give people a mistaken view about what is really known about the treaty.…

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Graduated Response Mapped out in UK Digital Economy Bill

The UK government continues to speed ahead with modernizing its copyright legislation to bring the UK into the 21st century. The latest development is the introduction the UK Digital Economy Bill.

Earlier this month the government published © the way ahead: A Copyright Strategy for the Digital Age. The report focused on the need to keep copyright consistent with public expectations and explored the desirability of making access to and use of works easier for consumers. It also recommended making orphan works easier to access and suggested extended collective licensing as a means of facilitating making works available to the public.…

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Fear Mongering and Misinformation Used to Slag ACTA

Last week saw a lot of digital ink spilled over speculation about what the Internet Chapter of the Anti-Counterfeiting Trade Agreement (ACTA) is going to contain. Some opponents of ACTA including Prof. Geist helped to leak the contents of a two page confidential memorandum that contained a written account of an oral report on what was still being negotiated.[i]

Based on this two page preliminary document, ACTA opponents began a frenzied propaganda campaign against ACTA. Prof. Geist led the feverish attack writing articles, blogs, tweets, giving a speech in Washington, and press and radio interviews.…

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