Domain: michaelgeist.ca
Stories and comments across the archive that link to michaelgeist.ca.
Stories · 270
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Canadian Government Says DRM Circumvention Not Related To Copyright
An anonymous reader writes "Michael Geist has followed up a recent release of internal government talking points on copyright with the full, internal clause-by-clause analysis of Bill C-32. A new copyright bill is expected as soon as this week and the government document confirms there is no defense to violations of the digital lock rules, noting 'a contravention of this prohibition is not an infringement of copyright and the defenses to infringement of copyright are not defenses to these prohibitions.' The government's own words on the digital lock provisions confirm that they may be unconstitutional since they fall outside the boundaries of copyright." Basically, if you break DRM even without violating copyright in the process you can still be held liable, and from this any defense based on copyright law (fair use, etc.) is not valid in such cases. On the flipside, several legal experts think that makes those provisions of the law less likely to stand up in court. -
Justification For Canadian Copyright Reform Revealed
An anonymous reader writes "Michael Geist has used the Canadian freedom of information act to obtain a secret ministerial document on Canadian copyright reform that provides the government position on virtually every controversial issue from last year's Bill C-32. The government has no good explanation for its DMCA approach and calls provisions requiring the destruction of course materials part of an 'essential balance.' On the U.S. piracy watch list, it says 'Canada does not recognize the validity of the Special 301 process and considers it to be flawed. The Report does not employ a clear methodology in its country ranking, as it relies on industry allegations rather than empirical evidence and analysis.'" -
Hurt Locker Lawsuits May Reach Canadians, Too
First time accepted submitter so.dan writes "Canadian copyright guru Michael Geist reports that the 'File sharing lawsuits involving the movie the Hurt Locker [that] have been big news in the United States for months... are coming to Canada as the Federal Court of Canada has paved the way for the identification of subscribers at Bell Canada, Cogeco, and Videotron who are alleged to have copied the movie.' This is the first I've ever heard of MAFIAA lawsuits beginning to succeed in Canada. The move seems to target larger ISPs. Are subscribers of smaller ISPs — who must lease their lines from the larger ones such as Bell — relatively protected from such invasions of privacy due to some sort of technical difficulty in determining the names of subscribers? (Please excuse my technical ignorance)." -
Canada Encouraged US To Place It On Piracy List
An anonymous reader writes "Copyright, U.S. lobbying, and the stunning backroom Canadian response gets front page news treatment today in Canada as the Toronto Star covers new revelations on copyright by Michael Geist (who offers a longer post with links to the cables) from the U.S. cables released by WikiLeaks. The cables reveal that former Industry Minister Maxime Bernier raised the possibility of leaking the copyright bill to U.S. officials before it was to be tabled in the House of Commons, former Industry Minister Tony Clement's director of policy Zoe Addington encouraged the U.S. to pressure Canada by elevating it on a piracy watch list, Privy Council Office official Ailish Johnson disclosed the content of ministerial mandate letters, and former RCMP national coordinator for intellectual property crime Andris Zarins advised the U.S. that the government was working on a separate intellectual property enforcement bill." -
Gov't Docs Reveal Canada's Net Neutrality Enforcement Failure
An anonymous reader writes "An investigation into the enforcement of Canada's net neutrality rules reveals that virtually all major Canadian ISPs have been the target of complaints, but there have been few, if any, consequences arising from the complaints process. Michael Geist obtained internal CRTC documents on all net neutrality complaints and found that Rogers was the top target, primarily for throttling access to World of Warcraft. Other notable cases include Bell throttling access to hotfile.com and Barrett Xplore, a satellite Internet provider, rendering VoIP unusable. Despite the revelations, there have no fines, no audits, and the CRTC has even refused to investigate some cases that appear to raise obvious net neutrality concerns." -
Canadian IP Lobbyists Caught Faking Counterfeit Data
An anonymous reader writes "The Canadian IP Council, the Canadian Chamber of Commerce's IP lobby arm, has been caught floating false claims about the scope of counterfeiting in Canada. Recent claims include citing a figure based on numbers the FBI rejects ($22.5 billion), a figure the Canadian police won't support ($30 billion), and when pressed on the issue, it now points to yet another source that upon review indicates it fabricated its claims." -
Canadian Music Industry Seeks Copy Tax On Memory Cards
An anonymous reader writes "The Canadian music industry's copyright collective is demanding the creation of a new copying tax on all memory cards sold in Canada. The Canadian Private Copying Collective has filed for a tax of up to $3 per memory card to compensate for music copying on SD cards. If approved, the tax could cost consumers millions of dollars." Makes no less sense than the current levy exacted on blank CDs and audiotapes in Canada — and no more sense, either. -
US Offered To Draft NZ 3-Strikes Law, Fund Copyright Initiative
An anonymous reader writes "Wikileaks has just posted hundreds of cables from US personnel in New Zealand that reveal regular government lobbying on copyright, offers to draft New Zealand three-strikes-and-you're-out legislation, and a recommendation to spend over NZ$500,000 to fund a recording industry-backed IP enforcement initiative. The funding raises the question of whether New Zealand is aware that local enforcement initiatives, including raids and court cases, have been funded by the US government." -
Wikileaks Says Public Forced Canadian DMCA Delay
An anonymous reader writes "Michael Geist reports that a new WikiLeaks cable confirms that the Canadian Conservative government delayed introducing a Canadian DMCA in early 2008 due to public opposition. The US cable notes confirmation came directly from then-Industry Minister Jim Prentice, who told US Ambassador David Wilkins that cabinet colleagues and Conservative MPs were worried about the electoral implications of copyright reform." -
'Canadian DMCA' Copyright Bill Dead Again
An anonymous reader writes "Like some kind of B-movie horror series, the latest attempt to revise Canada's copyright law and introduce DMCA-like provisions, Bill C-32, has again died on the order table as Canada's minority government has fallen after a non-confidence vote. This makes it the third copyright revision bill since 2005 to have died. Although this version was regarded as better than previous ones, it still contained awkward anti-circumvention provisions. We can be confident that some kind of DMCA-style copyright bill will be resurrected, but it will have to wait for the next government sequel." -
CRIA Files Massive Canadian Suit Against IsoHunt
An anonymous reader writes "After claiming for years that Canada has lax copyright laws that can't deal with downloading, 26 record labels have secretly filed a massive lawsuit against isoHunt. The suit was filed three weeks before Canada introduced the Canadian DMCA, yet the industry did not disclose the suit and regularly claimed it was powerless to do anything about the site." -
Digging Into the WikiLeaks Cables
A number of readers have sent in new WikiLeaks stories today, many of which focus on the content of the leaked diplomatic cables. The documents showed how the US government bullied and manipulated other countries to gain support for its Copenhagen climate treaty (though behavior from the US wasn't all negative), how copyright negotiations largely meet the expectations of critics like Michael Geist, and how Intel threatened to move jobs out of Russia if the Russian government didn't loosen encryption regulations. Perhaps the biggest new piece of information is a list of facilities the US considers 'vital to security.' Meanwhile, the drama surrounding WikiLeaks continues; Julian Assange's Swiss bank account has been frozen and the UK has received an arrest warrant for the man himself; the effort to mirror the site has gained support from Pirate Parties in Australia, in the UK and elsewhere; and PayPal was hit with a DDoS for their decision not to accept donations for WikiLeaks. -
Canada To Mandate ISP Deep Packet Inspection
An anonymous reader writes "The Canadian government has proposed new legislation that would require ISPs to install deep-packet inspection capabilities. The proposal includes a laundry list of surveillance requirements, police review of ISP employees and technologies, and the mandated disclosure of a broad range of subscriber information without any court oversight." -
CBC Bans Use of Creative Commons Music On Podcasts
An anonymous reader writes "The producers of the popular CBC radio show Spark have revealed (see the comments) that the public broadcaster has banned programs from using Creative Commons licenced music on podcasts. The decision is apparently the result of restrictions in collective agreements the CBC has with some talent agencies. In other words, groups are actively working to block the use of Creative Commons licenced alternatives in their contractual language. It is enormously problematic to learn that our public broadcaster is blocked from using music alternatives that the creators want to make readily available. The CBC obviously isn't required to use Creative Commons licenced music, but this highlights an instance where at least one of its programs wants to use it and groups that purport to support artists' right to choose the rights associated with their work is trying to stop them from doing so." -
BSA's Latest Piracy Claims 'Shockingly Misleading,' Says Geist
An anonymous reader writes "This week the Business Software Alliance published a new study which purports to estimate the economic gain from a ten percent reduction in piracy of business software. For Canada, the BSA claims that the reduction would create over 6,000 new jobs and generate billions in GDP and tax revenue. But Michael Geist says the BSA claims are based on nothing more than the economic gains from a ten percent increase in proprietary software spending. The BSA now admits its estimate is based on the presumption that every dollar 'saved' by using unlicensed software would now be spent on proprietary software." Glyn Moody pointed out more flaws in the BSA's report. -
ACTA Text Leaks; US Caves On ISPs, Seeks Super-DMCA
An anonymous reader writes "Given the history of ACTA leaks, to no one's surprise, the latest version of the draft agreement (PDF) was leaked last night on KEI's website. The new version — which reflects changes made during an intense week of negotiations last month in Washington — shows a draft agreement that is much closer to becoming reality. Perhaps the most important story of the latest draft is how the countries are close to agreement on the Internet enforcement chapter. In the face of opposition, the US has dropped its demands on secondary liability for ISPs but is still holding out hope of establishing a super-DMCA with digital lock rules that go beyond the WIPO Internet treaties and were even rejected by US courts." -
ACTA Is Backta, New Round of Talks Start Today
An anonymous reader writes "Negotiations on the Anti-Counterfeiting Trade Agreement resume today in Lucerne, Switzerland, with the ninth round of talks. The Toronto Star highlights the mounting opposition to the deal from developing world countries such as India and China, while Michael Geist has posted a video of a recent lecture that provides background on the agreement and where things currently stand." -
"Canadian DMCA" Rising From the Dead
mandelbr0t writes "The Canadian Conservative government is preparing to reintroduce amended copyright legislation on Thursday (we discussed the rumor some weeks ago). Most sources say that the proposed legislation is very similar to Bill C-61, generally dubbed the 'Canadian DMCA.' It still includes definitions of 'technological protections' and criminalizes 'circumvention' of those protections. Bill C-61 died in the summer of 2008, facing massive opposition from the Canadian public. Once again, it's time for Canadians to get politically active; ORC ran a large campaign with the last attempt, and will likely be updated soon with the new proposed legislation." Read below for more of the submitter's thoughts on the coming battle.
As with Bill C-61, the Conservative government has launched a campaign of misinformation to attempt to force the law down our throat. Industry Minister Tony Clement is trying to convince people that "format shifting" is currently illegal. Of course, it is not actually criminal, and enforcement of private infringement, as always, is prevented by the fact that massive invasion of privacy would have to occur. Second, Mr. Clement is claiming that this law is necessary to bring Canada into line with the WIPO Treaty. The above readings discredit WIPO altogether. Furthermore, the two articles that are being referred to are Articles 11 and 12. Note the use of the phrase "effective technological measure" and the absence of any criminality requirement. This legislation is not necessary to provide amended copyright law that is consistent with the WIPO treaty, and will hopefully die an uneventful death, to be buried for eternity. -
US Says 4.3 Billion People Live With Bad IP Laws
bowser100 writes "The US government has released its annual Special 301 report (PDF) in which it purports to identify those countries with inadequate intellectual property laws. Michael Geist digs into the report, noting the list is so large that it is rendered meaningless. According to the report, approximately 4.3 billion people live in countries without effective intellectual property protection. Since the report does not include any African countries outside of North Africa, the US is effectively saying that only a small percentage of the world meets its standard for IP protection." -
US Rejects Demands For ACTA Transparency
An anonymous reader writes "The US Trade Representative issued a release just prior to the launch of the New Zealand round of Anti-Counterfeiting Trade Agreement negotiations that has left no doubt the US is the biggest barrier to official release of the ACTA text. Unlike most other ACTA countries that have called for transparency without condition, the US has set conditions that effectively seek to trade its willingness to release the text for gains on the substance of the text." -
EU Demands Canada Gut Its Copyright and Patent Laws
An anonymous reader writes "Late last year, a draft of the European Union proposal for the intellectual property chapter of Canada, EU Comprehensive Economic Trade Agreement, leaked online. The leak revealed that the EU was seeking some significant changes to Canadian IP laws. Negotiations have continued and Michael Geist has now obtained an updated copy of the draft chapter, complete with proposals from both the EU and Canada. He says the breadth of the demands is stunning — the EU is demanding nothing less than a complete overhaul of Canadian IP laws including copyright, trademark, databases, patent, geographic indications, and even plant variety rights." -
EU Demands Canada Gut Its Copyright and Patent Laws
An anonymous reader writes "Late last year, a draft of the European Union proposal for the intellectual property chapter of Canada, EU Comprehensive Economic Trade Agreement, leaked online. The leak revealed that the EU was seeking some significant changes to Canadian IP laws. Negotiations have continued and Michael Geist has now obtained an updated copy of the draft chapter, complete with proposals from both the EU and Canada. He says the breadth of the demands is stunning — the EU is demanding nothing less than a complete overhaul of Canadian IP laws including copyright, trademark, databases, patent, geographic indications, and even plant variety rights." -
Full ACTA Leak Online
An anonymous reader writes "Following months of small Anti-Counterfeiting Trade Agreement leaks, the full consolidated ACTA text has now been posted online. The consolidated text provides a clear indication of how the negotiations have altered earlier proposals (see this post for links to the early leaks) as well as the first look at several other ACTA elements. For example, last spring it was revealed that several countries had proposed including a de minimus provision to counter fears that the border measures chapter would lead to iPod searching border guards. The leak shows there are four proposals on the table." -
Full ACTA Leak Online
An anonymous reader writes "Following months of small Anti-Counterfeiting Trade Agreement leaks, the full consolidated ACTA text has now been posted online. The consolidated text provides a clear indication of how the negotiations have altered earlier proposals (see this post for links to the early leaks) as well as the first look at several other ACTA elements. For example, last spring it was revealed that several countries had proposed including a de minimus provision to counter fears that the border measures chapter would lead to iPod searching border guards. The leak shows there are four proposals on the table." -
Full ACTA Leak Online
An anonymous reader writes "Following months of small Anti-Counterfeiting Trade Agreement leaks, the full consolidated ACTA text has now been posted online. The consolidated text provides a clear indication of how the negotiations have altered earlier proposals (see this post for links to the early leaks) as well as the first look at several other ACTA elements. For example, last spring it was revealed that several countries had proposed including a de minimus provision to counter fears that the border measures chapter would lead to iPod searching border guards. The leak shows there are four proposals on the table." -
European Parliament Declaring War Against ACTA
An anonymous reader writes "The European Parliament is preparing to take on ACTA. A joint resolution (DOC) has been tabled by the major EP parties that threatens to go to court unless things change. The EP is calling for public access to negotiation texts and rules out further confidential negotiations. Moreover, the EP wants a ban on imposing a three-strikes model, assurances that ACTA will not result in personal searches at the border, and an ACTA impact assessment on fundamental rights and data protection." -
Another ACTA Leak Discloses Individual Country Data
An anonymous reader writes "On the heels of the earlier leak of various country positions on ACTA transparency, today an even bigger leak has hit the Internet. A new European Union document [PDF] prepared several weeks ago canvasses the Internet and Civil Enforcement chapters, disclosing in complete detail the proposals from the US, and the counter-proposals from the EU, Japan, and other ACTA participants. The 44-page document also highlights specific concerns of individual countries on a wide range of issues including ISP liability, anti-circumvention rules, and the scope of the treaty. This is probably the most significant leak to date since it goes beyond the transparency debate to include specific country positions and proposals." -
Leak Shows US Lead Opponent of ACTA Transparency
An anonymous reader writes "Throughout the debate over ACTA transparency, the secret copyright treaty, many countries have taken public positions that they support release of the actual text, but that other countries do not. Since full transparency requires consensus of all the ACTA partners, the text simply can't be released until everyone is in agreement. A new leak from the Netherlands fingers who the chief opponents of transparency are: the United States, South Korea, Singapore, and Denmark lead the way, with Belgium, Germany, and Portugal not far behind as problem countries." -
EU Privacy Chief Says ACTA Violates European Law
An anonymous reader writes "Peter Hustinx, the European Data Protection Supervisor, has issued a 20-page opinion expressing concern about ACTA (PDF). Michael Geist's summary of the opinion notes that it concludes that the prospect of a three-strikes and you're out system may violate European privacy law, that the possibility of cross-border enforcement raises serious privacy issues, and that ACTA transparency is needed now." -
ACTA Internet Chapter Leaked — Bad For Everyone
roju writes "Cory Doctorow is reporting on a leaked copy of the 'internet enforcement' portion of the Anti-Counterfeiting Trade Agreement. He describes it as reading like a 'DMCA-plus' with provisions for third-party liability, digital locks, and 'a duty to technology firms to shut down infringement where they have "actual knowledge" that such is taking place.' For example, this could mean legal responsibility shifting to Apple for customers copying mp3s onto their iPods." Adds an anonymous reader, "Michael Geist points out that the leaks demonstrate that ACTA would create a Global DMCA and move toward a three-strikes-and-you're-out system. While the US has claimed that ACTA won't establish a mandatory three strikes system, it specifically uses three-strikes as its model." -
Tech Companies Say Don't Blame Canada For Copyright Problems
An anonymous reader writes "The Computer & Communications Industry Association, which includes a who's-who of the tech world, including Microsoft, Google, T-Mobile, Fujitsu, AMD, eBay, Intuit, Oracle, and Yahoo, has issued a strong defense of current Canadian copyright law, arguing that the US is wrong to place Canada on the annual Special 301 list. The submission argues that the US should not criticize Canada for not implementing anti-circumvention rules (PDF) and warns against using the Special 301 process to 'remake the world in the image of the DMCA.'" -
ACTA Document Leaks With Details On Mexico Talks
An anonymous reader writes "A brief report from the European Commission authored by Pedro Velasco Martins (an EU negotiator) on the most recent round of ACTA negotiations in Guadalajara, Mexico has leaked, providing new information on the substance of the talks, how countries are addressing the transparency concerns, and plans for future negotiations. The document notes that governments are planning a counter-offensive to rebut claims of iPod-searching border guards and mandatory three-strikes policies." -
Making Sense of ACTA
Hodejo1 writes "This past week Guadalajara, Mexico hosted the 7th secret meeting of ACTA proponents who continue to ignore demands worldwide to open the debate to the public. Piecing together official and leaked documents from various global sources, Michael Geist has coalesced it all into a five part ACTA Guide that offers structured insight into what these talks might foist upon the populace at large. 'Questions about ACTA typically follow a familiar pattern — what is it (Part One of the ACTA Guide listing the timeline of talks), do you have evidence (Part Two), why is this secret (Part Three), followed by what would ACTA do to my country's laws (Part Four)? Countering the momentum behind ACTA will require many to speak out" (Part Five).'" -
Unpacking the Secrets of ACTA
An anonymous reader writes "As negotiations in the 7th round of the Anti-Counterfeiting Trade Agreement talks continue this week in Mexico, Michael Geist has been posting a comprehensive guide to the secret copyright treaty. He started with a review of the substance of the treaty, then posted links to all the leaked documentation, and has now unpacked the secrecy associated with the talks, including why governments have made it secret, the public concern, and why this isn't business as usual." -
Unpacking the Secrets of ACTA
An anonymous reader writes "As negotiations in the 7th round of the Anti-Counterfeiting Trade Agreement talks continue this week in Mexico, Michael Geist has been posting a comprehensive guide to the secret copyright treaty. He started with a review of the substance of the treaty, then posted links to all the leaked documentation, and has now unpacked the secrecy associated with the talks, including why governments have made it secret, the public concern, and why this isn't business as usual." -
Unpacking the Secrets of ACTA
An anonymous reader writes "As negotiations in the 7th round of the Anti-Counterfeiting Trade Agreement talks continue this week in Mexico, Michael Geist has been posting a comprehensive guide to the secret copyright treaty. He started with a review of the substance of the treaty, then posted links to all the leaked documentation, and has now unpacked the secrecy associated with the talks, including why governments have made it secret, the public concern, and why this isn't business as usual." -
Politicians Worldwide Asking Questions About ACTA
An anonymous reader writes "Legislators around the world are demanding more information on the secret Anti-Counterfeiting Trade Agreement. US Senator Ron Wyden demanded answers in a letter to the USTR (PDF) this week, ACTA arose in the UK House of Commons yesterday, and French Deputy Nicolas Dupont-Aignan raised ACTA questions in the National Assembly late last year. All of this comes on top of earlier efforts from Swedish Member of the European Parliament Jens Holm, as well as New Zealand MP Clare Curran, who has repeatedly raised concerns about ACTA, and NDP MP Charlie Angus, who posed questions about ACTA in the Canadian House of Commons late last year." -
IsoHunt Guilty of Inducing Infringement
roju writes "The MPAA has won a summary judgment against torrent indexing site isoHunt for inducing copyright infringement. Michael Geist notes that '[t]he judge ruled that the isoHunt case is little different from other US cases such as Napster and Grokster, therefore concluding that there is no need to proceed to a full trial and granting Columbia Pictures request for summary judgment.' Attorney Ben Sheffner, who worked on the case for Fox, explains some of the implications, noting that 'the most significant ruling in the opinion was the court's holding that the DMCA's safe harbors are simply not available where inducement has been established.' This case could have implications on other indexing sites, and creates a gap in the DMCA safe harbor provisions that could have far-reaching implications on other sites." -
EU Demands Canada Rework Its Copyright, Patent Law
An anonymous reader writes "The draft intellectual property text of the EU - Canada Trade Agreement has leaked, with news that the EU is demanding that Canada fundamentally alter copyright, patent, and trademark law. The laundry list of demands includes copyright term extension, WIPO ratification, DMCA-style legislation, resale rights, new enforcement provisions, and following patent, trademark, and design law treaties. The net result is that when combined with the ACTA requirements, Canadian copyright law may cease to be Canadian." Reader TheTurtlesMoves stresses the "first sale doctrine" aspect of the Canada - EU negotiations. Once an artist sells a creative work, should she get a cut of any future resales of that same work? The EU says yes at least for some types of works, and it wants Canada to see things its way. "Europe's Directive 2001/84/EC says that the right covers only 'works of graphic or plastic art such as pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and photographs, provided they are made by the artist himself or are copies considered to be original works of art.'" -
Secret Copyright Treaty Timeline Shows Global DMCA
An anonymous reader writes "Michael Geist, a leading critic of the ACTA secret copyright treaty, has produced a new interactive timeline that traces its development. The timeline includes links to leaked documents, videos, and public interest group letters that should generate increasing concern with a deal that could lead to a global three-strikes and you're out policy." -
EU ACTA Doc Shows Plans For Global DMCA, 3 Strikes
An anonymous reader writes "The European Commission analysis of ACTA's Internet chapter has leaked, indicating that the US is seeking to push laws that extend beyond the WIPO Internet treaties and beyond current European Union law. The document contains detailed comments on the US secret copyright treaty proposal, confirming the desire to promote a 'three-strikes and you're out' policy, a Global DMCA, harmonized contributory copyright infringement rules, and the establishment of an international notice-and-takedown policy." -
Secret Copyright Treaty Leaks. It's Bad. Very Bad.
Jamie found a Boing Boing story that will probably get your blood to at least a simmer. It says "The internet chapter of the Anti-Counterfeiting Trade Agreement, a secret copyright treaty whose text Obama's administration refused to disclose due to 'national security' concerns, has leaked. It's bad." You can read the original leaked document or the summary. If passed, the internet will never be the same. Thank goodness it's hidden from public scrutiny for National Security. -
Anti-Counterfeiting Deal Aims For Global DMCA
An anonymous reader writes "Negotiations on the Anti-Counterfeiting Trade Agreement continue on Wednesday as the US, Europe, Japan, Korea, Canada, Australia, and a handful of other countries secretly negotiate a copyright treaty that includes statutory damages, new search and seizure power, and anti-camcording rules. Now the substance of the Internet chapter has leaked, with information that the proposed chapter would create a 'Global DMCA' with anti-circumvention rules, liability for ISPs, and the possibility of three-strikes and you're out requirements." -
Canadian Copyright Lobby Fights Anti-Spyware Legislation
An anonymous reader writes "New Canadian anti-spam and anti-spyware legislation is scheduled for a key vote on Monday. Michael Geist reports that the copyright lobby has been pushing to remove parts of the bill that would take away exceptions which currently allow spyware to be installed without authorization. 'The copyright lobby is deeply concerned that this change will block attempts to track possible infringement through electronic means.' There have also been proposals to extend the exemptions granted to telecom providers to include the installation of programs without the user's express consent, which Geist says will 'leave the door open to private, surreptitious surveillance.'" -
Canadian Minister Lies On Net Surveillance Claims
An anonymous reader writes "As we discussed last month, the Canadian government has introduced Internet surveillance legislation that requires ISPs to disclose customer information without a warrant. Peter Van Loan, the Minister in charge, claims that a Vancouver kidnapping earlier this year shows the need for these powers. Michael Geist did some digging and revealed this as a lie — the Vancouver police acknowledge that the case did not involve an ISP request and the suspect is now in custody." -
Canadian Court of Appeals Decides Website Linking Isn't Libelous
inject_hotmail.com writes "I found this promising news over on Michael Geist's website: In an amazing display of wisdom and understanding, British Columbia (Canada) court of appeals (in a split decision) decided that it is not libelous to link to defamatory content. The judge stated that 'there is, in my view, no substantial difference between providing a web address and a mere hyperlink. Whether the hyperlink is a web address, as is often the case, or a more specific reference, both require a decision on the part of the reader to access another website, and both require the reader to take a distinct action, in the one case typing in a web address and in the other case clicking on the hyperlink. In other words, there is a barrier between the accessed article and the hyperlinked site that must be bridged, not by the publisher, but by the reader. The essence of following a hyperlink is to leave the website one was at to enter a different and independent website.' The case was brought about by B.C. businessman Wayne Crookes, who claimed that p2pnet had damaged his character by linking to websites with which he did not agree. Presumedly, the website with the actual content in question is outside of the purview of the Canadian courts; however, p2pnet is not." -
Geist On Copyright As Canada Consult Nears End
An anonymous reader writes "Canadian law professor Michael Geist, who has been leading the charge on the national copyright consultation with his SpeakOutOnCopyright.ca site, has posted his own submission to the consultation. Geist focuses on issues like fair use and circumvention, and warns against a Canadian DMCA, copyright term extension, and three-strikes program. 'If copyright veers too far toward specific technologies by mandating new protection for specific business models or technological innovations, those rules risk being overtaken as the technologies and marketplace evolve. ... It should only be a violation of the law to circumvent a technological protection measure if the underlying purpose is to infringe copyright.' He also pointed out a few days ago that Bell Canada seems to be advising content owners to sue its own customers. The public consultation ends on September 13th." -
Geist On Copyright As Canada Consult Nears End
An anonymous reader writes "Canadian law professor Michael Geist, who has been leading the charge on the national copyright consultation with his SpeakOutOnCopyright.ca site, has posted his own submission to the consultation. Geist focuses on issues like fair use and circumvention, and warns against a Canadian DMCA, copyright term extension, and three-strikes program. 'If copyright veers too far toward specific technologies by mandating new protection for specific business models or technological innovations, those rules risk being overtaken as the technologies and marketplace evolve. ... It should only be a violation of the law to circumvent a technological protection measure if the underlying purpose is to infringe copyright.' He also pointed out a few days ago that Bell Canada seems to be advising content owners to sue its own customers. The public consultation ends on September 13th." -
Musician Lobby Terms Balanced Copyright "Disgusting"
An anonymous reader writes "While most of the attention at Thursday's Canadian copyright town hall was on the recording industry's strategy to pack the room and exclude alternate voices, the most controversial activity took place outside the hall. It has now been revealed that security guards threatened students and a Member of Parliament for distributing leaflets, and the American Federation of Musicians termed the MP's leaflet, which called for balanced copyright, 'disgusting' and demanded a retraction and apology. At this point, such an admission seems unlikely." -
Musician Lobby Terms Balanced Copyright "Disgusting"
An anonymous reader writes "While most of the attention at Thursday's Canadian copyright town hall was on the recording industry's strategy to pack the room and exclude alternate voices, the most controversial activity took place outside the hall. It has now been revealed that security guards threatened students and a Member of Parliament for distributing leaflets, and the American Federation of Musicians termed the MP's leaflet, which called for balanced copyright, 'disgusting' and demanded a retraction and apology. At this point, such an admission seems unlikely."