Tag: copyright reform

Misleading Parliament? Really?Misleading Parliament? Really?



Early this week, I opened a lengthy response in Howard Knopf’s blog to my recent post in this blog. Never one to mince his words, Mr. Knopf suggests with sound and fury that I have sought to “mislead Parliament” by posting on the issue of the educational fair dealing provision. Although the House of Commons Committee on Copyright has completed its clause-by-clause review of Bill C-11 without touching this provision, there are certain statements in Mr. Knopf’s blog that need to be addressed.

Renewed Attacks on the “Effect on the Market” FactorRenewed Attacks on the “Effect on the Market” Factor



Beware of misinformation masquerading as the correction of misinformation, a concept George Orwell labelled as “doublethink”. Michael Geist and Howard Knopf are engaged in it again in their blog articles “Bill C-11 Extremism Continues: The Attack on Fair Dealing” and “The Effect on the Market Factor in Fair Dealing/Fair Use Law – What IS the law?” In their crusade to open Canadian copyright law so wide that a convoy of army trucks filled with textbooks and DVDs could drive through it, they are suggesting that Parliament not clarify that “the effect of the dealing on the market for the original work” is the pre-eminent factor in the fair dealing test.

No freedom to hack access into the Internet, says US judgeNo freedom to hack access into the Internet, says US judge



Information wants to be free. But, helping people to steal access to it is still a crime as an Oregon man just found out after being convicted of wire fraud for helping thousands steal internet service.

The defendant, Ryan Harris, ran a company called TCNISO. It distributed software and hardware tools that enabled customers to modify their cable modems to mask themselves as paying customers. In his defense Harris claimed assisting customers in their cable modem hacking activities was justified because it facilitated access to the internet.

Why is the EU asking the ECJ to review ACTA and does it matter?Why is the EU asking the ECJ to review ACTA and does it matter?



Last week the European Commissioner for Trade, Karel De Gucht, released a statement announcing that the EU will refer the ACTA (Anti-Counterfeiting Trade Agreement) to the European Court of Justice (ECJ). The ECJ will be asked to assess whether ACTA is incompatible – in any way – with the EU’s fundamental rights and freedoms, such as freedom of expression and information or data protection and the right to property in case of intellectual property.

What reason did the Commissioner give to explain the referral to the ECJ?

Bill C-11 off to legislative committee (updated)Bill C-11 off to legislative committee (updated)



After much debate and anticipation, Bill C-11 passed second reading in the House of Commons on February 13, 2012 and was referred to a legislative committee.

The individuals and organisations invited to appear can be viewed here. The committee has voted to commence clause by clause by March 14, 2012 and to have a final vote on the bill by March 29, 2012.

For those interested in the procedure referring the bill to the committee, here is the Hansard Journal recording the step.

Bill C-11 to be law by AprilBill C-11 to be law by April



House Leader Peter Van Loan said Monday that the Government’s agenda includes passage of Bill C-11 by the end of April. The plan is that the bill to modernize the Copyright Act “must pass” by that time. The government indicated last month it mght impose time allocation to get the bill to Committee. On February 8, 2012 a motion passed in the House of Commons to lmit debate to two more days before sending the bill to committee.

Reining in the rhetoric on copyright reformReining in the rhetoric on copyright reform



This blog post is a longer version of the article entitled This Bill is no SOPA published in the Financial Post  today.

While recent attempts by the usual suspects making hysterical predictions about copyright reform in Canada have been ratcheted up yet again, this time the claims are so outrageous that they can perhaps best be described as having “jumped the shark”. Canadians are being told that Bill C-11, an act to amend Canada’s outdated copyright law, could be used to shut down popular web sites like YouTube, fundamentally change the Internet, sabotage online freedoms, and hog-tie innovators.

P2P file sharing hurts music sales in Canada, study findsP2P file sharing hurts music sales in Canada, study finds



Does P2P file sharing negatively affect legitimate music purchases in Canada? Does the availability of music for downloading from illegitimate P2P sources act as a substitute for legitimate music purchases? Would stronger copyright laws increase music purchases in Canada? Would it also increase artist incomes, industry employment and tax revenues in Canada?

The answers to all of these questions is yes according to a recent study published by Dr George Barker, the Director, Centre of Law and Economics, at ANU College of Law, Australian National University.

Chief Justice asks: will accuracy and fairness be casualties of the social media era?Chief Justice asks: will accuracy and fairness be casualties of the social media era?



The Chief Justice of the Supreme Court of Canada gave a speech yesterday at Carleton University. In it she questioned whether fairness and accuracy might be lost in the world of blogging, tweeting and the use of social networks. She said the media is essential to building public trust in the administration of justice.

For those of you who follow copyright law reform developments on certain blogs and social media sources you might find her speech will resonate with you.

For fun, I have taken extracts of her speech reported in the Toronto Star and have substituted the words “administration of justice” with the words “copyright law”; “the judiciary” with “legislative process”; and “constitutional decision” with “copyright reform process”.