Category: Three Strikes

Canada called out for weak copyright laws by IFPI and at the Heritage CommitteeCanada called out for weak copyright laws by IFPI and at the Heritage Committee



Digital piracy remains one of the biggest obstacles for the recording industry. It is an especially significant problem here in Canada. A major contributor is weak copyright protection which limits the development of new business models for music in Canada. These are the conclusions of the IFPI which just published a report setting out a comprehensive picture of the key trends in today’s music business including key trends in Canada. It is also the opinion of representatives of the recording industry who appeared before the Standing Committee on Canadian Heritage last week.

Graduated response: a least cost solution to reducing online copyright infringementGraduated response: a least cost solution to reducing online copyright infringement



A new article, Three strikes law: a least cost solution to rampant online piracy, published  by Charn Wing Wan, argues that graduated response systems can be justified on economic grounds as a way of reducing transaction costs associated with enforcing online copyright infringement.

The abstract of the article states the following:

“Legal context: The prohibitively high cost of civil litigation is inefficient against millions of online infringers; it is virtually impossible to stop online infringement. The establishment and maintenance of a social norm which makes people willing to conform to pro-copyright norms independent of any consideration of legal incentives is indispensable in the fight against online infringers.

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



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”. 

Is graduated response necessary to protect human rights from online copyright infringement?Is graduated response necessary to protect human rights from online copyright infringement?



Last week, the Irish High Court released an important decision in the EMI Records & Ors -v- Eircom Ltd ,  [2010] IEHC 108 case. The court held that a settlement agreement between an Irish ISP, Eircom, and owners of copyright protected sound recordings and videos to implement a voluntary graduated response system was compatible with Irish data protection legislation. The ruling by Justice Charleton delivered on 16th April, 2010, is noteworthy not only because it found that collecting and using IP addresses for the purposes of sending out graduated response notices to subscribers does not violate data protection legislation.

Computer and Internet Law Weekly Updates for 2010-04-18Computer and Internet Law Weekly Updates for 2010-04-18



More hype than facts about ACTA from its criticsMore hype than facts about ACTA from its critics



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:

“the text confirmed many fears about the substance of ACTA. If adopted in its current form, the treaty would have a significant impact on the Internet, leading some countries to adopt three-strikes-and-you’re-out policies that terminate subscriber access due to infringement allegations, increasing legal protection for digital locks, mandating new injunction powers, implementing statutory damages provisions worldwide, and engaging in widespread data sharing across national borders.”

A framework for voluntary graduated response in online copyright enforcementA 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.”  

Reflections on the liberal roundtable on the digital economyReflections 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.

Debating graduated response at the Center for Democracy and TechnologyDebating 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. 

A reply to ACTA criticsA reply to ACTA critics



Last 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.