Category: Geist

The Unintended Equustek Effect: a reply to Michael GeistThe Unintended Equustek Effect: a reply to Michael Geist



Cyberspace is not a “No Law Land”. That was the title to a study conduced for Industry Canada in 1997. It started with this quote from Bill Gates, Microsoft’s co-founder:

It’s always surprising how old concepts carry into the new medium. It’s overly idealistic to act like, Oh, the Internet is the one place where people should be able to do whatever they wish: present child pornography, do scams, libel people, steal copyrighted material. Society’s values have not changed fundamentally just because it’s an Internet page.

Canadian government response to copyright and digital policy issuesCanadian government response to copyright and digital policy issues



The Internet and other digital technologies are transforming the everyday lives of all Canadians. The pace of change requires our legislative frameworks to be continually reviewed and adapted to these changing needs. The current government is tackling these challenges on numerous fronts including most recently in respect of copyright, anti-spam law (CASL), and privacy.

Copyright

The government has now started its mandatory review of the Copyright Act. The review was proceeded by a letter from Minister Bains and Heritage Minister Joly, both of whom share the copyright file, which provided some guidance to the INDU Committee.

Fact checking Michael Geist’s criticisms of the FairPlay site blocking proposalFact checking Michael Geist’s criticisms of the FairPlay site blocking proposal



The FairPlay coalition comprising more than 25 organizations representing hundreds of thousands of members of Canada’s creative community made a reasonable proposal to the Canadian Radio-television and Telecommunications Commission (CRTC), Canada’s telecommunications and broadcast regulator, to address the scourge of online copyright infringement.[1]  The proposal, which involves website blocking, was immediately attacked by anti-copyright activist Michael Geist (“Geist”) in a series of articles and interviews.  As I showed in a prior lengthy blog post,[2] his criticisms were unfounded and overblown.

Why the CRTC should endorse FairPlay’s website-blocking plan: a reply to Michael GeistWhy the CRTC should endorse FairPlay’s website-blocking plan: a reply to Michael Geist



The Hill Times published my op-ed on the FairPlay Canada website blocking proposal,  Why the CRTC should endorse FairPlay’s piracy site-blocking plan. The full unedited version, complete with endnote references is below.

Last week Fairplay Canada filed an application with the Canadian Radio-television and Telecommunications Commission (CRTC), asking for a new tool to help Canadian creators to combat online theft of their content by illegal piracy websites. It proposed that the Canada’s telecom regulator create an independent agency to identify websites and services that are “blatantly, overwhelmingly, or structurally engaged in piracy”.

Support for creators: pirate streaming and the value gap, my op-ed in the GlobeSupport for creators: pirate streaming and the value gap, my op-ed in the Globe



Here is my full unedited op-ed published in today’s Globe and Mail.

The cultural industries in Canada are facing major challenges. A significant contributing cause is our outdated legal frameworks. They did not contemplate, and have not been updated to address, the new means of stealing content or uses of content by Internet platforms and others without permission or paying just compensation. These issues and proposals to address them deserve our attention. Two examples are illustrative.

The first involves Internet streaming piracy.

Globe and Mail editorial attacks on Canadian creators and broadcasters: what’s up with the Globe?Globe and Mail editorial attacks on Canadian creators and broadcasters: what’s up with the Globe?



There was a time you could count on The Globe and Mail to support the Canadian cultural industries and to favour legal frameworks designed to strengthen them. You could also count on the Globe not to be soft on content theft by commercial pirates that harm Canadian businesses and impede their ability to innovate. Recently, however, the Globe has taken one-sided positions opposite the creative community. Worse, it has taken these positions relying on inadequate research and supporting them with inaccurate factual assertions, in some cases by relying on writings of anti-copyright activist Michael Geist.

Fix the value gap – a reply to Michael GeistFix the value gap – a reply to Michael Geist



Here is an Op-ed of mine that ran earlier today in the Hill Times. The post below includes endnotes not in that article.

In his Hill Times Op-ed (Canadian copyright reform requires a fix on the fair dealing gap, Dec. 5, 2016) Michael Geist takes issue with the need to address the “value gap” that is hurting Canadian artists, writers, and other members of the creative class. He argues instead that Canada faces a need to address a “fair dealing gap” in our copyright laws.

Grasping at straws: the trouble with “The Trouble with the TPP”, a further reply to Michael GeistGrasping at straws: the trouble with “The Trouble with the TPP”, a further reply to Michael Geist



I recently had the privilege of speaking about the Trans-Pacific Partnership (TPP) at the Fordham 24th Annual Intellectual Property Law and Policy Conference, a stellar international IP conference. The other speakers on my panel were Probir Mehta (lead U.S. negotiator of the IP portion of the TPP), Pedro Velasco Martins (lead EU negotiator of the IP portion of the TTIP), and Daren Tang (lead Singapore negotiator of the IP portion of the TPP). The title of the panel was “Examination of TPP & TTIP”.

TPP, copyright, e-commerce and digital policy: a reply to Michael GeistTPP, copyright, e-commerce and digital policy: a reply to Michael Geist



The Trans-Pacific Partnership (TPP) is a comprehensive and complex agreement. It presents major economic opportunities for Canada. It deserves, as Lawrence Herman, the former head of the Economic and Treaty Law Section of Canada’s External Affairs Department, pointed out, “careful, reasoned and balanced assessment”. Some individuals have stepped forward to do that with respect to the intellectual property and e-commerce chapters, such as:

Michael Geist on CASL: flaws not Festivus grievancesMichael Geist on CASL: flaws not Festivus grievances



Last week Michael Geist published a blog post summarizing his remarks to Industry Minister Moore as to why the almost universal criticisms of Canada’s anti-spam/malware law CASL are unfounded. He suggested it is intense lobbying by “squeaky wheels” with “knee jerk” “greatly exaggerated” and “Festivus” grievances about CASL” that has delayed bringing the law into effect”. He acknowledges that CASL creates new compliance obligations but suggests they are not onerous and even standard internationally (when referring to “opt-in” for spam) and that there is not much more to CASL than “a simple proposition – obtain customer consent and you can do pretty much whatever you like.”