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Canadian DMCA: back on the agenda?

p2pnet news view | Politics:- Today is the day newly re-anointed Canadian prime minister Stephen Harper will tell us who’ll be acting for, and on behalf of, Hollywood and the corporate music industry for the next little while.

Other than industry minister Jim Prentice, that is. Because today is the day Canadians will learn who’s doing what in the new old government.

And Prentice will keep his portfolio, suggests the Toronto Star, and with Prentice still around, “a copyright reform bill will be back on the agenda,” says Michael Geist, although it will, “presumably take a back seat to more pressing economic concerns”.

However, that doesn’t mean copyright issueswill disappear entirely, Geist (right) states, continuing:

“User groups were outspoken about Bill C-61 after its introduction, yet many of the groups lobbying for DMCA-style reforms were largely silent (other than the initial thanks to the government for introducing the bill). A recent Toronto conference included a panel on copyright that provides some indication of the likely response from those groups once a bill is tabled and goes to committee.

Far from, “thanking the government for anti-circumvention measures that mirror the US DMCA,” it appears likely the groups will, “adopt a strategy of ‘the best defence is a good offence’,” and, “Practically, this will mean that they will argue that the successor to C-61 does not go far enough,” says Geist, ie »»»

  • that a making available right should be included.  U.S. courts have recently required evidence of actual distribution for that right to apply, but Canadian groups will argue that this requirement is unnecessary
  • that the new distribution right for tangible media should be expanded to cover intangible copies
  • that the notice-and-notice approach for Internet intermediaries should be replaced with U.S. style notice-and-takedown
  • that the safe harbour provision for ISPs should be more narrowly constructed
  • that the search engine safe harbour provision should be more narrowly constructed
  • that the $500 cap on downloading liability should be scrapped

“The message here is clear,” says Geist, adding:

“For those people that think the bill will be fixed at committee, note that MPs will face a barrage of claims for changes that skew the copyright balance even further. ”

Meanwhile, “those elected officials who think that they will find strong support for a C-61 approach should think again.”

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Toronto StarPM plans big cabinet overhaul, October 30, 2008
Michael Geist
– Copyright Lobby Groups Gear Up For Further Reforms, October 29, 2008


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5 Responses to “Canadian DMCA: back on the agenda?”

  1. Reader's Write Says:

    F*ck, not that tool Jim Prentice again. PLEASE Anyone BUT him

  2. Reader's Write Says:

    Prentice is out!

    Jim Prentice, former industry minister, is now the environment minister.

    Tony Clement is the new industry minister

    http://www.canada.com/montrealgazette/news/story.html?id=522068aa-1834-4221-b56d-e2cb108290f2

    Anyone have info on Tony Clement?

  3. Reader's Write Says:

    http://en.sourcews.com/minister-health-names-michael-sabia
    Canada’s Minister of Health, the Honourable Tony Clement, named Michael Sabia, former CEO of Bell Canada Enterprises, as the chair for the new Canadian HIV Vaccine Initiative (CHVI) Implementation Advisory Board today.

    Ah the new indistry minister has Bell Canada ties…

    Why am I not surprised :/

  4. Reader's Write Says:

    No Maxime Bernier????

  5. chronoss Says:

    nice dont he live in ontario, now instead a calgary pestering we can get angry, unemployed GM worked and file sharers to scream, maybe bus in a few of those in softwood lumber industry that lost osme jobs due to polices of the conservatives.

    Get the printers ready boys, MEAT IS BACK ON THE MENU.

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