Canadian copyright bill: our very own DMCA?

p2pnet news Freedom:- | Politics:- I’m still on my supposed holiday and yesterday I was over at Canadian Internet Policy and Public Interest Clinic (CIPPIC) in Ottawa, Ontario, to say Hi to Pippa Lawson and Dave Fewer. I’ve spoken with them both plenty of times online and by phone, but had never met them.
Among other things, they told me today, there’d be news on the so-called Canadian DMCA.
The entertainment cartels have been lobbying Stephen Harper’s weak-kneed, Hollywood-compliant Conservatives to turn Canada in a mini-USA where the movie and music industries call the shots, where consumers are treated as criminals and thieves, and where almost literally anything goes.
Industry minister Jim Prentice has already been thwarted in caving in to US demands, but he isn’t giving up.
But Fewer also told me about Gordon Duggan’s (Appropriation Art) amazing, clickable, online comic called 51st State with scores of links and references to groups and people involved in copyright issues, and how the rest of us can also get into the fight in ways which’ll actually make a difference.
“This left me absolutely speechless,” says Ottawa law professor Michael Geist who, with famed a copyright lawyer Howard Knopf and others, such as Fewer, Digital Copyright Canada‘s Russell McOrmond and NDP digital culture spokesman Charlie Angus, appears in the publication.
“The Harper government is set to introduce their newly ‘Made-in-the-USA’ Copyright Bill before the House stands for the summer,” says Appropriation Art.
“While the majority of hard-working Canadians concerned with copyright are not privy to either the contents or the scheduling of this Bill (User groups , Librarians, Federation of Students, Academics, Appropriation Art etc) it appears that the same cannot be said for Industry.
“Over the past weeks (and indeed months) a well choreographed series of scheduled ‘events’ has taken place by pro-American influenced organizations, Lobbyists, American Government officials and even President Bush himself.”
It goes on >>>
This occurred on April 28 at a conference entitled Intellectual Property Reform: Innovation And The Economy at the Public Policy Forum (PPF). James Rajotte, Conservative MP and Chair of the Standing Committee on Industry stated that the Harper Conservatives planned to introduce a Copyright Bill before summer. Rajotte assured the audience that the government was working toward a balanced approach in the forthcoming bill.
This week. A new coalition of Pharmaceutical, Tobacco and Entertainment companies and lobby groups step forward. This coalition, which also includes Microsoft ( no surprise) and ebay (big surprise), was organized by the Chamber of Commerce. The group is calling for more restrictive copyright, more privatization of IP and fewer rights for users. Chamber of Commerce President and Chief Executive Officer is longtime Conservative insider Perrin Beatty. The announcement of this new coalition days before legislation is to be introduced signals that at least some groups are being briefed on both content and scheduling of the new bill.
May 16, 2008. The Congressional International Anti-Piracy Caucus puts Canada on a Priority Watch List along with Russia and China.
The Congressional International Anti-Piracy Caucus is a bipartisan and bicameral group committed to protecting American intellectual property and reducing the scourge of piracy abroad.
Data available on OpenSecrets.Org. Career total contributions to Congressional Anti-Piracy Caucus Member Campaigns from the TV, Film and Music industry are in excess of $19 million. The four Co-Chairs alone have received $1,260,676. Congressional Co-Chairs Senators Joe Biden ($381,266.00), Gordon Smith ($255,439.00), Congressmen Bob Goodlatte ($209,886.00) and Adam Schiff ($414,085.00). Clearly when a group of politicians so dependent on a single industry unveils a “Congressional International Anti-Piracy Caucus 2007 Watch List.” the notion of an ` unbiased and independent report` becomes meaningless.
May 15, 2008. The Watch List is pre-released on the RIAA (Recording Industry Association of America) website the day BEFORE it appears on the Caucus website. This leaves little doubt as to the relationship this caucus has with the Entertainment industry. According to the RIAA website:
Joining China and Russia in “the ignominious three” is Canada which, notwithstanding numerous public announcements, has failed to join the rest of its partners in the developed world in modernizing its copyright laws to address the challenges – and to seize the opportunities – of the digital age.
May 07, 2008. Canadian Parliamentary IP Caucus meets with Americans but where are the Canadians? The IP Caucus, co-chaired by Liberal MP Dan McTeague and Conservative Gord Brown accepts presentations from four representatives. These presentations are from the U.S. Embassy as well as speakers from the Entertainment Software Association. The IP Caucus have yet to invite representatives from the Canadian education or Canadian consumer communities. (the lone voice being Michael Geist, who gave a presentation on May 15).
Ambassador David Wilkins confirms that copyright was discussed at the North American Leaders Summit meeting in New Orleans on April 21, 22. He states “it`s not been a secret we`ve been advocating stronger copyright, that`s been an ongoing discussion.” By advocating, he clearly means pressure. By `stronger copyright` he means `American-style` copyright replete with the mandatory DMCA legislation.
In his Speech from the Throne Stephen Harper promised to defend Canada`s sovereignty. It is becoming all too clear that to the Harper Government `Canadian sovereignty` simply means a piece of (valuable) real estate; real estate worth defending to the tune of billions. Canadian Cultural Sovereignty clearly has no value to this government. When our neighbours to the south attack with rhetoric and exaggeration the Harper government falls silent.
Meanwhile, “Minister of Industry Jim Prentice and the Minister of Canadian Heritage Josée Verner will unveil the bill to amend the Copyright Act on Thursday at 10:45 a.m. ET with brief statements, followed by a question-and-answer session with the media,” saysd the CBC.
“Critics fear the bill will mirror the U.S. Digital Millennium Copyright Act (DMCA), which similarly brought in restrictive measures and opened the door for copyright owners to enact huge lawsuits against violators.”
What the CBC doesn’t say, however, is the so-called copyright violators in fact innocent, and very ordinary, American families, including very young children.
Tanya Andersen and Jammie Thomas are two such.
If Prentice and his cronies have their way, Canada’s at the moment largely ineffectual CRIA (Canadian Recording Industry Association of America) could become a second RIAA, which is quite literally terrorising thousands of people, including students, across the length and breadth of America as it tries to use the country’s legal systems to force them into becoming compliant users of corporate, and only corporate, product.
“The chorus of opposition was joined last week by a coalition of consumers groups – including Option consommateurs, Consumers Council of Canada, Public Interest Advocacy Centre (PIAC), the Canadian Internet Policy and Public Interest Clinic (CIPPIC) and Online Rights Canada (OnlineRights.ca) – who wrote a letter to the two ministers,” says the CBC, going on >>>
The consumer groups expressed dismay that they had not been consulted on the pending legislation.
Prentice responded to questioning in the House of Commons last week by saying he would not introduce the bill until he and Verner were satisfied that it struck the right balance between consumers and copyright holders.
Geist has repeatedly attacked the government on his blog for its lack of consultation with the Canadian public on the issue. However, Prentice has met with U.S. trade representatives and entertainment industry lobbyists to discuss the legislation.
“Prentice should be honest about the core anti-circumvention rules that are likely to mirror the DMCA and run counter to the concerns of business, education and consumer groups,” Geist wrote on his blog. “Those rules are quite clearly ‘Born in the USA.’”
A spokesman for Prentice told the CBC yesterday that no date has been set for the bill’s introduction, says the story, adding:
“The bill was also expected to contain provisions that would have made it illegal to time shift television shows using a Personal Video Recorder, or copy files to CDs and MP3 players.”
Stay tuned, and please post links in the comments section as the story unfolds.
Jon Newton – p2pnet
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June 12th, 2008 at 9:06 am
Here’s a link to the bill.
http://www2.parl.gc.ca/HousePublications/Publication.aspx?pub=bill&doc=C-60&parl=38&ses=1&language=E
June 12th, 2008 at 9:21 am
Patrick:
no that’s from 2005
June 12th, 2008 at 9:28 am
are you sure… at the complete top it says “An Act to amend the Copyright Act”
June 12th, 2008 at 9:29 am
Cross that last comment.
My appologies. I was misinformed.
June 12th, 2008 at 9:31 am
Bill C-61 (the new bill — C-60 was the older Liberal bill) was tabled this morning, but we don’t yet have the text of the bill.
I’ll be posting about it as I learn more at http://www.digital-copyright.ca/billc61/blog
June 12th, 2008 at 9:41 am
Well I think our government is stupid, why don’t they stop listening to the US of A?
We should follow the example of the Swedes. The Left Party is going to propose to legalize piracy and filesharing for non-commercial purposes soon.
Here’s the story: http://torrentfreak.com/swedish-left-party-wants-to-legalize-piracy-080609/
June 12th, 2008 at 10:05 am
If half of these rumors are true, I will be writing my MP (he’s a member of the conservative party).
I want to send a copy of it to all the opposition parties as well, as the Conservatives will need their support to pass this bill. Does anyone know who I should send it to in the Liberal, NDP, and Bloc parties?
June 12th, 2008 at 1:45 pm
How will “copyright notice” abuse be dealt with? The current US-version DMCA encourages false accusations by placing all the onus on the accused party but none on the accuser.
I’d like to know if there will be any responsibility placed on overzealous copyright owners who use automated software programmed to file scattershot infringement notices based on the flimsiest of suspicions, such as using nothing more than unverified keyword searches?
Will the perpetrators of scorched-earth copyright enforcement be held accountable in any way when they make false accusations on a massive scale?
How will innocent victims be protected from the current epidemic of false allegations?
June 13th, 2008 at 4:56 am
“If half of these rumors are true, I will be writing my MP (heâs a member of the conservative party).”
Where’s the rest of this sentence? Writing your MP what? A word? A number? A book? WHAT??! You’re more American than you think.
June 13th, 2008 at 5:11 am
“If half of these rumors are true, I will be writing my MP”
Another thing to do is to contact the constituency associations of the other parties in your riding. This isn’t simply a “Conservative” issue, but an issue where individual candidates within parties will have different views. Letting the associations know that it matters who they pick for whether you will vote for (or strategically against) them helps.
June 13th, 2008 at 8:55 am
What I want to know is
How much the RIAA and the CRIA paid Jim?
Or did they just give him access to their sex slaves?
Or maybe all the CEO’s from the RIAA and MPAA gave him a B Job?
This Bill better get defeated or I think Mass protest is in order.
June 13th, 2008 at 8:58 am
so this is how it feels to lose our rights.. … it doesn’t feel that good.
June 13th, 2008 at 9:39 am
In the US and in order to get ride of all the parasites infecting our governement we need to dismiss the congress and reorganize new election incumbant not to apply. We need also to purge the entire governenement bureaucracy evaluate the background of all the high ranking executives and fire all the suspicious one. Then we will have our country back. The US constitution alow us to do that. Canada might have to do the same thing one way or another legally or otherwise. And the crappy companies such as Vivendi universal, Sony/BMG, EMI, Time Warner and their numerous subs. should be forbiden to conduct business on the American continent. Period.
June 13th, 2008 at 1:41 pm
I wonder, if a Canadian user of SAVE AS copies a news article from India about a cancer cure and gives it to a frien with cancer and the friend copies it to his doctor, who in turn makes various copies to before a meeting with the oncology staff at the hospital… are the original copier, his friend the cancer patient and the doctor all guilty of infringement by possesing a copyrighted article? And is the producer of the program with the SAVE AS the guilty party?
Bet they didn’t think of this scenario. Under Americal law, everyone is guilty and could be jailed, as if copyrights were sacred and the life of the cancer paient was hardly important. Is that what Canada wants?
June 13th, 2008 at 6:58 pm
“In the US and in order to get ride of all the parasites infecting our governement we need to dismiss the congress and reorganize new election incumbant not to apply. We need also to purge the entire governenement bureaucracy evaluate the background of all the high ranking executives and fire all the suspicious one. Then we will have our country back. The US constitution alow us to do that.”
Maybe so, but the current government has the power and they’d never allow that to happen without an all-out revolution.