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 the University 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.” The article explains, “in the context of evolving network management technology and its impact on intermediary liability rules, why the time may be ripe for broadband providers and corporate rights owners to renegotiate their respective roles in the project of online copyright enforcement.”
Archive for the ‘Piracy’ category
The speech from the throne: a digital strategy and IP reform
March 4th, 2010Yesterday’s Speech from the Throne gives us an insight into the Government’s legislative plans. Many of the initiatives in the throne speech are clearly needed to help bring Canada into the 21st century and to address the threats and opportunities that face us as Canadians and as citizens of a larger world community.
The Government placed significant emphasis on implementing new measures for success in the modern economy and in particular, for building the jobs and industries of the future. As the Government pointed out, we face new challenges, determined new competitors, and are in a “relentless pace of technology” change. We as Canadian “must keep step as the world races forward”.
Misinterpreting the IPR 2010 Report
February 25th, 2010The Intellectual Property Rights Alliance just published its 2010 report reviewing countries’ rankings on various indexes measuring their respect for property rights. The aim of the report was to show the clear link between a country’s respect for property rights and economic prosperity.
According to the report, the link can be seen in all forms of property including intellectual property. Dealing with the latter, the report states:
Canada again in the penalty box over poor IP laws and enforcement according to 2010 IIPA 301 report
February 19th, 2010Yesterday, the International Intellectual Property Alliance released its 2010 SPECIAL 301 REPORT ON COPYRIGHT ENFORCEMENT AND PROTECTION. The report notes that “its statement in the 2007 Special 301 report – submitted three years ago – remains, disappointingly, true today: “Canada remains far behind virtually all its peers in the industrialized world with respect to its efforts to bring its copyright laws up to date with the realities of the global digital networked environment. Indeed, even most of the major developing countries have progressed further and faster than Canada in meeting this challenge.”
Reflections on the liberal roundtable on the digital economy
February 17th, 2010Last 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.
Stealing is not a form of flattery, nor is it sincere…
February 9th, 2010Take a look at Deadline Dames’ guest blog by Jeaniene Frost who wrote a good piece on e-pirating of books debunking 13 popular justifications for piracy. She closes with the following summary:
The fallout from iiNet: markets and laws failing in face of net piracy
February 8th, 2010Last 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.
- The transmission of copyright files as part of a BitTorrent swarm constitutes a transmission (communication) to the public by participants in the stream and is infringing.
A reply to ACTA critics
February 2nd, 2010Last week was another busy week for developments in ACTA. There were meetings in Mexico by representatives from Canada and its key trading partners to further flesh out how to address the worldwide problems with counterfeiting and piracy. Meanwhile, anti-copyright critics were busy filling the blogosphere and press attacking the proposed treaty.
Of course, the actual text of the treaty is not know by the public. So commentators have relied on their interpretations of leaked documents to try and derail it.
When the criticisms are examined, it will be readily apparent that certain ACTA critics misapprehend what has been disclosed and make assertions or reach conclusions that cannot be justified based on the leaked documents.
The costs and benefits of graduated response in copyright enforcement
February 1st, 2010There recently has been a debate over the economic costs and benefits behind graduated response systems aimed at reducing online file sharing. Professor Geist, for example, recently posted a blog estimating the costs of a graduated response system. I believe the topic of the costs and benefits of graduated response mechanisms is an important one. Let us take a closer look at this topic and the assertion that graduated response cannot be justified because of its costs.
Challenges for Digital Britain: broadband access, copyright and business models
January 25th, 2010Last week, the UK Minister for Digital Britain, Stephen Timms, gave a speech outlining the main challenges ahead for the government in moving forward with its Digital Britain initiative. He focused on three challenges, broadband; copyright; and new business models.
With respect to broadband, he outlined that the government had two major broadband projects: a commitment that every home in the country should be able to obtain a 2 Mbit/s broadband service – and so be able to use the applications which most people are using broadband for today; and a next-generation fund to support national scale investment in much higher speed services.
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