Archive for the ‘TPMs’ category

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ACTA progress announced with plans to release final draft in September

August 23rd, 2010

The Office of the U.S. Trade Representative released a Statement on the recent ACTA negotiations.The Statement followed the conclusion of the 10th round of negotiations on the ACTA held in Washington, D.C. from 16 – 20 August 2010.

The Statement reported on the progress of the talks which are slated to conclude following meetings in Japan this September. It also served to allay fears about the proposed contents of the treaty by again re-affirming what the treaty will not extend to.

The Statement said the following in this regard:

This is a preview of ACTA progress announced with plans to release final draft in September. Read full post.

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Posted in ACTA, Copyright, Piracy, TPMs, p2p piracy

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MGE v GE-what did the 5th Circuit decide about the scope of the DMCA TPM provisions and was it right?

July 29th, 2010

Last week, the US Court of Appeals for the 5th Circuit released a controversial decision interpreting Section 1201(a) of the DMCA in MGE UPS Inc v GE Consumer and Industrial, Inc. 2010 WL 2820006 (5th Cir.2010). Prof. Geist has suggested that the case decided that the “DMCA is limited to guarding access controls only to the extent that circumvention would violate the copyright rights of the copyright owner.” His summary of the case is neither accurate nor complete. Here’s why.

The MGE case

This is a preview of MGE v GE-what did the 5th Circuit decide about the scope of the DMCA TPM provisions and was it right?. Read full post.

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Posted in Copyright, Fair Dealing, Fair Use, TPMs, c-32, copyright reform

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Copyright Office Exempts Six Classes of Works from DMCA’s Access Control Anti-circumvention Prohibitions

July 27th, 2010

Yesterday, the Librarian of Congress announced the classes of works subject to an exemption from the prohibition against circumvention of technological measures that control access to copyrighted works.

Accompanying ruling was the Statement of the Librarian of Congress on the Anticircumvention Rulemaking, the Recommendation of the Register of Copyrights, and the Determination of the Librarian of Congress and Text of the Regulation (to be published in Federal Register).

This is a preview of Copyright Office Exempts Six Classes of Works from DMCA’s Access Control Anti-circumvention Prohibitions. Read full post.

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Posted in Copyright, TPMs, WIPO Treaties, wct, wppt

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ACTA and TPMs

July 20th, 2010

The latest draft of the ACTA is publically available. It has undergone significant development since the last publically available version including to one of its most important chapters, the chapter on Special Measures Related to Technological Enforcement of Intellectual Property in the Digital Environment. This is the chapter that includes the obligation of the contracting parties to provide legal protection for TPMs. Despite the changes made to these provisions, it is clear that the countries negotiating the treaty still intend that the contracting parties provide adequate legal protection and effective legal remedies against circumvention related activities that could undermine new and exciting business models that rely on TPMs.

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Posted in ACTA, Copyright, TPMs, WIPO Treaties, copyright reform, wct, wppt

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Minister Moore’s Speech on C-32

June 23rd, 2010

Heritage Minister Moore gave a speech yesterday at a meeting of the The International Chamber of Commerce (ICC). His focus was on Bill c-32, the Copyright Modernization Act. He made a number of important remarks about the goals behind the Bill. He also used the occasion to comment on some of the Bill’s main critics Here are some highlights of his speech.

Minister Moore stressed the contribution that the copyright industries make to Canada’s economy noting that they “cannot be underestimated, both in terms of stimulating investment and creating jobs”.

This is a preview of Minister Moore’s Speech on C-32. Read full post.

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Posted in ACTA, Piracy, TPMs, WIPO Treaties, c-32, copyright reform, p2p piracy, wct, wppt

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Legends and reality about the 1996 WIPO Treaties in the light of certain comments on Bill C-32

June 17th, 2010

I.  INTRODUCTION

It was at a copyright seminar abroad that I learned about the publication of Bill C-32 by which the Canadian government intends to adapt the copyright legislation to the digital on-line environment. By the time I arrived home, some of my European colleagues, with whom we usually exchange information, had sent me the links to various blog posts that were trying to offer a first assessment of the new Bill. Some of them contained objective analysis pointing out both the commendable elements of the draft provisions and those where further improvements were found desirable, while others seemed to reflect continued opposition to the government’s intention to modernize the copyright norms the way required by the international treaties and the emerging international standards. 

This is a preview of Legends and reality about the 1996 WIPO Treaties in the light of certain comments on Bill C-32. Read full post.

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Posted in Copyright, Piracy, TPMs, WIPO Treaties, c-32, copyright reform, intellectual property, p2p piracy, wct, wppt

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Some thoughts on Bill-C-32: An Act to Modernize Canada’s copyright laws

June 3rd, 2010

At long last we have the Government’s proposed copyright amendments: Bill, C-32 the Copyright Modernization Act. The new Bill aims to address gaps in the current Copyright Act created by the Internet and other digital technologies in line with international standards.

This Bill is substantially different from its predecessors Bills C-60 and C-61 and reflects new thinking by the Government on how best to modernize the Act. While the Bill is an advancement over previous attempts at copyright reform, it will require amendments to ensure it accomplishes the goals set out by the Government and does not introduce unintended consequences.

This is a preview of Some thoughts on Bill-C-32: An Act to Modernize Canada’s copyright laws. Read full post.

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Posted in Copyright, Fair Dealing, TPMs, WIPO Treaties, c-32, copyright reform, p2p piracy

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The Owens analysis of the Canadian copyright consultations: what are the implications?

April 21st, 2010

Earlier this week, Richard Owens, the past chair of the board of directors of the University of Toronto Innovations Foundation, a member of the board and former Executive Director of the Centre for Innovation and Policy at the University of Toronto Faculty of Law, and an adjunct professor of copyright and technology law at the University of Toronto, published a critical analysis of last summer’s copyright consultation. In his paper, Noises Heard: Canada’s Recent Online Copyright Consultation Process: Teachings and Cautions, he concluded that the consultation “was systematically abused by a clandestine group of mod-chip distributors, foreign websites administrators and international BitTorrent users”.  His focus was on the form letter wizard made available by the Canadian Coalition for Electronic Rights (CCER), a group whose very businesses depends on the ability to make illegal copies of software and to circumvent technological measures.

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Posted in Copyright, Fair Dealing, Piracy, TPMs, Three Strikes, WIPO Treaties, copyright reform

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More hype than facts about ACTA from its critics

April 13th, 2010

The internet is lighting up again with opposition to the ACTA as negotiations on the trade agreement resume in New Zealand. Notwithstanding that much about the treaty is now known from well publicized leaks, its critics continue to try and slag it with misinformation and biased criticism.

Consider the following summary by Prof. Geist in yesterday’s Toronto Star article which was re-published in his blog this morning. Prof. Geist says:

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Posted in ACTA, Counterfeiting, Graduated Response, Piracy, TPMs, Three Strikes, WIPO Treaties

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Reflections on the liberal roundtable on the digital economy

February 17th, 2010

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.

This is a preview of Reflections on the liberal roundtable on the digital economy. Read full post.

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Posted in Copyright, Digital Britain, Fair Dealing, Fair Use, Graduated Response, ISP Liability, Piracy, Presentations, TPMs, Three Strikes, WIPO Treaties

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