Slashdot Mirror

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."

An anonymous reader writes "The Canadian Recording Industry Association and the MPAA's Canadian subsidiary are demanding that Canada adopt copyright laws that go beyond even the DMCA. The groups demand anti-circumvention law, three strikes and you're out legislation, and increased secondary liability for websites. The demands come as part of the national copyright consultation in which hundreds of Canadians have spoken out against such reforms."

Mike Lawrie writes "The so-called Canadian DMCA has had a long history. Historically, proposed legislation has favoured the views of CRIA, the Canadian arm of the RIAA almost completely. However, this time around the government is consulting the public before drafting the bill. They have launched a (Linux-based!) website designed to provide a public forum for discussion. Now is the time to speak up."

Mike Lawrie writes "The so-called Canadian DMCA has had a long history. Historically, proposed legislation has favoured the views of CRIA, the Canadian arm of the RIAA almost completely. However, this time around the government is consulting the public before drafting the bill. They have launched a (Linux-based!) website designed to provide a public forum for discussion. Now is the time to speak up."

An anonymous reader writes "A new Canadian study deconstructs how copyright lobby groups manipulate public opinion by laundering proposals through seemingly independent groups. The study started after the Conference Board of Canada was shown to have plagiarized several of its IP reports and now shows the connections that all lead through the MPAA and RIAA. Michael Geist writes, 'It is not just that these reports all receive financial support from the same organizations and say largely the same thing. It is also that the reports each build on one another, creating the false impression of growing momentum and consensus on the state of Canadian law and the need for specific reforms.'"

An anonymous reader writes "Michael Geist reports that the two Canadian Ministers responsible for copyright seem to have reversed course on copyright and now appear to oppose a Canadian DMCA. At a government event this week, Industry Minister Tony Clement spoke of how things have changed and of the need for consultation, while Canadian Heritage Minister James Moore emphasized the great potential of the Internet and how older politicians often don't get it."

bryxal writes "The Liberal Party of Canada, currently leading in most polls, has announced yesterday that it supports Net Neutrality, saying, 'Internet management should be neutral and not be permitted for anti-competitive behaviour, nor should it target certain websites, users, providers or legitimate software applications. We must protect the openness and freedom of the internet, and maintain competition to spur innovation, improve service levels and reduce costs to users.'"

An anonymous reader writes "Michael Geist summarizes an important new study on file sharing from economists Felix Oberholzer-Gee and Koleman Strumpf. The Harvard Business School working paper finds that given the increase in artistic production along with the greater public access conclude that 'weaker copyright protection, it seems, has benefited society.' The authors point out that file sharing may not result in reduced incentives to create if the willingness to pay for 'complements' such as concerts or author speaking tours increases."

"Canadian Patent Appeal Board Rules Against Business Method Patents," says a new post from Michael Geist; Lorien_the_first_one writes "Looks like the US courts could face some peer pressure," and supplies this excerpt: "[T]he panel delivered very strong language rejecting the mere possibility of business method patents under Canadian law. The panel noted that 'since patenting business methods would involve a radical departure from the traditional patent regime, and since the patentability of such methods is a highly contentious matter, clear and unequivocal legislation is required for business methods to be patentable.' ... In applying that analysis to the Amazon.com one-click patent, the panel concluded that 'concepts or rules for the more efficient conduct of online ordering, are methods of doing business. Even if these concepts or rules are novel, ingenious and useful, they are still unpatentable because they are business methods.'"

An anonymous reader writes "After months of fears that the Canadian broadcast regulator would try to regulate the Internet, the CRTC has come to its senses. Its new media decision today takes a hands off approach — no new regulation — and even adopts a rule against undue preferences for wireless providers."

An anonymous reader writes "The Conference Board of Canada has withdrawn all three reports on intellectual property after allegations this week by Michael Geist of plagiarism. The organization now admits that its report on copyright was plagiarized from US copyright lobby groups."

An anonymous reader writes "There is a storm brewing in Canada as the prestigious Conference Board of Canada has been caught plagiarizing US copyright lobby group documents in a report on copyright reform. The report was funded by the Canadian copyright lobby as well as by the Ontario government. The Conference Board has acknowledged some errors, but stands by the report, while the Ontario government admits spending thousands of dollars and it now wants some answers."

An anonymous reader writes "There is a storm brewing in Canada as the prestigious Conference Board of Canada has been caught plagiarizing US copyright lobby group documents in a report on copyright reform. The report was funded by the Canadian copyright lobby as well as by the Ontario government. The Conference Board has acknowledged some errors, but stands by the report, while the Ontario government admits spending thousands of dollars and it now wants some answers."

An anonymous reader writes "The Canadian government has admitted sending cease and desist letters to YouTube demanding that it remove videos of Parliamentary hearings. Lawyers for the House of Commons argue that using videos of elected representatives without permission constitutes copyright infringement and a contempt of Parliament."

An anonymous reader writes "The Business Software Alliance released their annual global piracy report earlier this week. In addition to the usual claims of software piracy (PDF) and the grudging acknowledgment of open source software, Michael Geist noted that the report ultimately undermined one of the BSA's core arguments — that countries which enact DMCA-style legislation experience significantly reduced piracy rates. Questions have also been raised over the BSA's methodology, as has happened in the past."

An anonymous reader writes "The US is blaming Canada in a new report that claims that Canadian copyright and intellectual property laws are as bad as those found in China and Russia. Michael Geist notes that Canadian officials have dismissed these findings in the past, arguing it 'does not recognize the Special 301 process due to its lacking of reliable and objective analysis.'" (Read more about the annual Special 301 report.)

An anonymous reader writes "Bill C-61, the previous attempt at a Canadian DMCA, may have failed, but it is clear that the music, movie, and business software industries are engaged in putting massive pressure on the Canadian government to bring it back. Lobbying records show several meetings each week with Government Ministers for CRIA, CMPDA, and Microsoft over the past month. Meanwhile, the CRIA is preparing a grassroots campaign in support of new copyright laws, even claiming that the current rules are costing jobs to truck drivers delivering CDs and DVDs."

An anonymous reader writes "Bill C-61, the previous attempt at a Canadian DMCA, may have failed, but it is clear that the music, movie, and business software industries are engaged in putting massive pressure on the Canadian government to bring it back. Lobbying records show several meetings each week with Government Ministers for CRIA, CMPDA, and Microsoft over the past month. Meanwhile, the CRIA is preparing a grassroots campaign in support of new copyright laws, even claiming that the current rules are costing jobs to truck drivers delivering CDs and DVDs."

narramissic writes "Change is afoot at the Office of the US Trade Representative. New details have been released about an anti-counterfeiting trade agreement that has been discussed in secret among the US, Japan, the European Union and other countries since 2006. Although the six-page summary (PDF) provides little in the way of specific detail about the current state of negotiations, the release represents a change in policy at the USTR, which had argued in the past that information on the trade pact was 'properly classified in the interest of national security.'" Michael Geist has a timeline that puts together more details about the ACTA negotiations than any government has so far been willing to reveal.

An anonymous reader writes "Days after New Zealand dropped its support for the 'three strikes and you're out' approach for terminating Internet subscribers, the European Parliament has now similarly rejected the proposed approach. Today the EP adopted a new report on security and fundamental freedoms on the Internet that expressly rejects disproportionate measures for IP enforcement and the use of excessive access restrictions placed by IP rights holders."

An anonymous reader writes "A Canadian court has ordered the owners of the FreeDominion.ca to disclose all personal information on eight anonymous posters to the chat site. The required information includes email and IP addresses. The court ruled that anonymous posters have no reasonable expectation of privacy, a major blow to online free speech in Canada."

Last year, the Songwriters Association of Canada (SAC) proposed a plan to legalize the file sharing of copyrighted songs, which involved a small monthly fee to people using an internet connection. Critics of the plan complained that it amounted to another tax, and the Canadian recording industry said it violated copyright law. Now, as an anonymous reader writes, "The SAC has renewed its bid to legalize peer-to-peer file sharing in return for a levy on Internet service. The SAC is now calling for the plan to be voluntary, with both consumers and creators having the right to opt-out. ACTRA, the leading performer group in Canada, now says it is also supportive of a legalized approach with the prospect of extending the plan to video sharing."

An anonymous reader writes "Quebecor, which owns Quebec's biggest ISP, has thrown in with Hollywood interests by arguing for the 'graduated response' approach that would kick off subscribers based on three allegations of infringement. The company told Canada's telecom regulator that net neutrality rules are not needed since content blocking has social benefits, including the potential for a three-strikes-and-you're-out policy."

dan of the north writes "Based on sources and leaked documents, Knowledge Ecology International now asserts that ACTA drafts are in fact 'formally available to cleared corporate lobbyists and informally distributed to corporate lawyers and lobbyists in Europe, Japan, and the US.' — The ACTA proposals currently include language that would make copyright infringement on a 'commercial scale,' even when done with 'no direct or indirect motivation of financial gain,' into a criminal matter. Both KEI and Canadian law professor Michael Geist, who has been working his own sources, say that the current proposals require all signatories to 'establish a laundry list of penalties — including imprisonment — sufficient to deter future acts of infringement.'"

An anonymous reader writes "The Canadian Labour Congress is considering a dramatic reversal of its stance on copyright and IP policy. CLC is comparable to the US AFL-CIO, but Canada is over 30% unionized. The campaign 'we must change copyright and IP law to fight evil counterfeiters and copyright pirates' is actually succeeding in Canada. Quoting the CLC's new policy resolution: '... this critical issue requires a far-reaching response involving legislative and regulatory reform, policy change, and allocation of proper resources to combat the problems. The Canadian government must be given the structure and resources to mount a sustained attack on this pervasive problem, both within Canada and internationally. The criminal and civil laws in Canada must provide adequate deterrence. And consumers must be educated that counterfeiting and piracy are not victimless, nuisance crimes, but instead strike at the heart of our long term economic security.'"

An anonymous reader writes "The World Trade Organization yesterday released its much-anticipated decision involving a US complaint against China over its protection and enforcement of intellectual property rights. The US quickly proclaimed victory, with newspaper headlines trumpeting the WTO panel's requirement that China reform elements of its intellectual property laws. Yet the reality is somewhat different. As Michael Geist notes, the US lost badly on key issues such as border measures and criminal IP enforcement, with the international trade body upholding the validity of China's laws."

An anonymous reader writes "Michael Geist is reporting that Canadian cultural groups including ACTRA and SOCAN have called on Canada's telecom regulator to implement a massive new Internet regulation framework. This includes a new three-percent tax on ISPs to pay for new media creation, Canadian content requirements for commercial websites, and licensing requirements for new media broadcasters, including for user-generated content."

Elektroschock writes "An EU document on the Anti-Counterfeiting Treaty was leaked. The main purpose of the trade agreement is to impose the European enforcement measures for IPR infringements on the US and emerging economies, widen the enforcement measures to include criminal sanctions for patent infringements, and introduce internet content filtering measures. Civil society groups such as the FFII criticize the ACTA process because negotiation documents are not made publicly available by the governments. The EU document ('fact sheet') from the EU Trade Commissioner explicitly mentions: 'Internet distribution and information technology — e.g. mechanisms available in EU E-commerce Directive of 2000, such as a definition of the responsibility of internet service providers regarding IP infringing content.'" And an anonymous reader adds Michael Geist's push for more transparency around ACTA negotiations in Canada.

An anonymous reader writes "For those with a stake in the opposition of Jim Prentice's C-61, the Canadian DMCA, this previous week's election results will be displeasing. The Conservative Party, which promised to reintroduce the DMCA if elected, gained 19 seats this election, mostly at the expense of the flagging liberal party, a mere 12 short of a majority government. The increase in Conservative representation, as well as the relatively low profile of this issue amidst other, more pressing concerns, increases the likelihood that the son of C-61 will come to fruition. On a positive note, the number of MPs supporting Geist's copyright pledge has increased to 34. Given the Conservative Party's historic disregard of public opinion, however, the efforts of the copyright-pledge MPs will have to rally the full opposition across three major parties in order to defeat the bill. A mere 12 MPs now stand between the Canadian public and the MAFIAA's hungry maw."

newtley writes "The New Democrats' Jack Layton has become the first leader of a major Canadian political party to acknowledge the importance of the Internet during a federal election. He's using YouTube to carry his message specifically to the online community, launching it on P2Pnet. 'We don't want to see hidden fees and gouging and service slow-downs all in the interests of promoting the objectives of certain large corporations,' Layton says." Other party members have also spoken out against increased internet regulation. We've been following the Canadian net neutrality debate for quite some time.

An anonymous reader writes "Like the previous Bill C-60 before it, the proposed Bill C-61 that would bring DMCA-like laws to Canada is poised to die on the order table, never to receive a vote, as the current minority government falls. An election call is expected in days. Everybody expects that some form of these laws will be back yet again (third time's a charm?). There are too many interests pushing for change to let it go. But here's a chance for Canadians to influence politicians about it in an election campaign, and hopefully strike a better balance. And for those of you in the rest of the world who are laboring under a DMCA-like copyright law, let's hear your stories about why such laws are a good or bad idea, and if bad, how you would amend the law to make it tolerable. With the polls probably on Oct. 14th, Canadians will be looking for a few good ideas."

An anonymous reader writes "Canadian telco TELUS sold a bunch of (expensive) Unlimited EV-DO aircard accounts last winter and are now summarily canceling them or forcing people to switch to much less valuable plans. TELUS is citing 'Violations,' but their Terms Of Service (see #5) are utterly vague and self-contradictory. The TELUS plans were marketed as being unlimited, without the soft/hard caps that the other providers had at the time. They were purchased by a lot of rural Canadians who had no other choice except dialup. Now TELUS is forcing everyone to switch from a $75 Unlimited plan to a $65 1GB plan, and canceling those who won't switch. Have a look at the thread at Howardforums, a discussion of the TELUS ToS (in red at the bottom), an EV-DO blogger who's been a victim, a post at Electronista, and of course Verizon getting fined for doing the same thing! Michael Geist has taken an interest as well."

litui writes "Michael Geist assesses the problems with new copyright legislation presented today. In short, it looks like unless it's heavily contested, Canadians are in for a worse piece of law than the DMCA." CBC News' story quotes one critic, Scott Brison, who warns that enforcing the anti-circumvention clauses of this legislation would turn Canada into a police state — which, considering the pervasive eavesdropping it would take to make sure that people aren't enjoying their rights to fair use (or "fair dealing") of hardware or media, seems like a fair prediction.

An anonymous reader writes "The Canadian Internet Registration Authority, which manages the dot-ca domain, plans to change its WHOIS policy to better protect domain name registrants. Quoting the Canadian Press: '[Law Professor Michael] Geist said the changes have raised the ire of law enforcement and intellectual property lawyers, who have used the Whois search to track down sexual predators and copyright violators.' Despite this, the organization seems committed to following through with the reforms." Geist also gave a talk recently about digital advocacy; the effectiveness of using modern technology to raise concerns and share ideas about issues such as privacy and copyright law.

Techdirt is reporting that Canada may be considering a "three strikes" policy which could see users internet access privileges revoked for file sharing violations. "Given how secretive the industry and the government have been about new copyright laws, perhaps this isn't too surprising. We do know that the industry was pushing for greater ISP liability as part of copyright law changes a few months back, so it wouldn't be surprising if ISPs were negotiating a "three strikes" type rule to avoid the liability issues. Of course, they probably want to keep it secret, as publicity (and resulting anger) about these types of laws in Europe has at least some politicians moving away from them. However, as the entertainment industry does keep succeeding in getting these types of laws to move forward, how long will it be before similar laws are proposed in the US, with "everyone else is doing it" as part of the reasoning?"

I Don't Believe in Imaginary Property writes "The Pro-IP Act has passed the Judiciary Committee unanimously, thanks to the support of committee chairman Rep. John Conyers (D-MI). We've discussed this before — it's the same bill which would create copyright cops with the power to seize computers, when powers like that have been systematically abused in other areas. But, apparently, they think the bill is just wonderful now, simply because they cut the provision that would've increased statutory damages while keeping the rest. This is the same bill that William Patry called the 'most outrageously gluttonous IP bill ever introduced in the US.'" While we're on the subject of intellectual property, Canadian law professor Michael Geist gave a talk on Monday about "copyright myths."

earthforce_1 writes "The vested interests of restrictive copyright are stacking the deck in Canada. The Public Policy Forum Symposium on intellectual property reform has bowed to pressure from certain interests and dis-invited noted copyright scholar Howard Knopf. The forum's stated mandate is '...to strive for excellence in government — to serve as a neutral, independent forum for open dialogue on public policy, and to encourage reform in public sector management.' For some reason, the US Ambassador to Canada and the former head of the Canadian Motion Picture Industry Association have been invited — apparently they are perceived to have a more neutral view of what Canadian copyright laws should be? More information at Howard Knopf's blog."

urbanriot writes "Despite a growing number of complaints on the popular North American consumer broadband site BroadbandReports, employees working for the Canadian cable internet provider Cogeco have publicly denied interfering with torrents on their network. However, a recent plugin put out by the Vuze team exposed Cogeco of being the second worst ISP globally, of those tested. So far, Cogeco has failed to respond to these findings, but recent coverage from the mainstream media and Michael Geist may prompt them to finally admit to their controversial practices." The report by the Vuze team has some interesting information about other ISPs from around the world as well. Prior to this, Bell Canada was taking most of the flak in Canada for traffic management.

MrShaggy tips us to news that the debate over Net Neutrality in Canada is coming to the forefront following the recent discovery that Bell Canada was throttling P2P traffic on the access it had sold to wholesalers. Michael Geist's blog notes a video recording of comments from a member of the Canadian government, as well as coverage from Canadian media. From Ars Technica: "The Canadian government has in the past pushed the CRTC to deregulate the telecom industry, an approach still backed by Minister of Industry Jim Prentice. Prentice also wants to stay out of the current net neutrality debate, which would seem to be a de facto vote against the idea. He was asked in the House of Commons this week whether his government would do anything about the current Bell/Rogers traffic-shaping controversy. According to the Globe & Mail, Prentice said only that "we will continue to leave the matter between consumers on the one hand and Internet service providers on the other."

average_cdn writes "Canadians looking to put a stop to pesky telemarketing calls before the federal government's do-not-call registry takes effect this summer have a new tool at their disposal. At IOptOut.ca, Canadians can enter their phone number and e-mail address and simply choose the organizations they would prefer not to hear from while the website generates a mass request that the user be added to those companies' do-not-call lists. The site, a beta version of which was launched yesterday, is the brainchild of University of Ottawa law professor Michael Geist and features information on how to avoid telemarketing calls from more than 140 different companies and organizations. Mr. Geist said that iOptOut helps Canadians finish the job that the do-not-call registry failed to complete."

An anonymous reader writes "Canada's public broadcast network, CBC, is to adopt DRM free BitTorrent distribution of one of its major primetime shows, Canada's Next Great Prime Minister. The effort has already been hailed by Canadian copyright guru Michael Geist, who expects the decision to add fuel to Canada's net neutrality debate. A CBC producer behind the show told CNET that the motivation for the move was that CBC 'wanted the show to be as accessible as possible to as many Canadians as possible, in the format that they want it in.' As for DRM, she said 'I think DRM is dead, even if a lot of broadcasters don't realize it.' She added that 'if it's bad for the consumers, its bad for the company.'"

Jabbrwokk writes "Michael Geist reports legislation to create a Canadian version of the Digital Millennium Copyright Act has been delayed again, possibly because of massive public outcry, and possibly even because of opposition from the industry itself. Canada's biggest ISPs have banded together to oppose the proposed new legislation and suggest their own solution, which include allowances for expanded fair dealing, private copying, no liability for ISPs and legislation that concentrates its wrath on commercial pirates instead of penny-ante downloaders and seeders.'"

eldurbarn tips a CBC story reporting that the US-based International Intellectual Property Alliance claims Canada has joined Russia and China among the biggest violators of US copyright law. Quoting: "The group's report is the latest to urge the US government into pressuring Ottawa to reform copyright laws." As we have previously discussed here, the current Conservative government had planned to introduce a new copyright law, but dissent from the privacy commissioner and a groundswell of public protest delayed that action. eldurbarn adds, "What makes this story so important now is that this pressure is being applied at a time and in a manner that may cause the Canadian government to fall, forcing an election." Meanwhile, on the other side of the rapidly heating debate, Michael Geist blogs about the forces arrayed against a Canadian DMCA. The Business Coalition for Balanced Copyright, which includes a who's who of the telecom, Internet, retail, and broadcast communities, has outlined a list of its copyright reform demands.

An anonymous reader writes "As the battle rages over a Canadian DMCA, Microsoft Canada has published an op-ed in a political newspaper that Michael Geist describes as astonishingly misleading and factually incorrect. Microsoft tries to argue that Canadian copyright law provides no legal protections, even after it received one of the largest copyright damage awards in Canadian history just one year ago."

An anonymous reader writes "Canadian law prof Michael Geist has been leading the charge against a Canadian DMCA including the creation of a Fair Copyright for Canada Facebook group that now has more than 38,000 members. Having delayed the legislation, he now outlines what Canadians should be fighting for — more flexible fair dealing, a balanced implementation of the WIPO Internet treaties, an ISP safe harbor, and a modernized backup copy provision."

ToriaUru writes to let us know that Michael Geist is reporting that the Canadian Minister of Industry will not be introducing the proposed Canadian Digital Millennium Copyright Act legislation as scheduled. That proposed legislation, discussed here a couple of weeks back, is now reaching Canada's mainstream press. Geist doesn't speculate on why the legislation is being withdrawn, but it could have something to do with the massive popular outcry against the proposal that Geist helped to orchestrate.

An anonymous reader writes "As protests mount over the Canadian DMCA, law professor Michael Geist is now reporting that the government plans to delay addressing fair use and consumer copyright concerns such as the blank media tax for years. While the U.S. copyright lobby gets their DMCA, consumers will get a panel to eventually consider possible changes to the law. Many Canadians are responding today with a mass phone-in to Industry Minister Jim Prentice to protest the policy plans."

An anonymous reader writes "As protests mount over the Canadian DMCA, law professor Michael Geist is now reporting that the government plans to delay addressing fair use and consumer copyright concerns such as the blank media tax for years. While the U.S. copyright lobby gets their DMCA, consumers will get a panel to eventually consider possible changes to the law. Many Canadians are responding today with a mass phone-in to Industry Minister Jim Prentice to protest the policy plans."

loconet writes "The government of Canada is preparing to attempt to bring a new DMCA-modeled copyright law in Canada in order to comply with the WIPO treaties the country signed in 1997. (These treaties were also the base of the American DMCA.) The new Canadian law will be even more restrictive in nature than the American version and worse than the last Canadian copyright proposal, the defeated Bill C-60. Among the many restrictive clauses in this new law, as Michael Geist explains, is the total abolishment of the concept of fair use: 'No parody exception. No time shifting exception. No device shifting exception. No expanded backup provision. Nothing.' Geist provides a list of 30 things that can be done to address the issues."

An anonymous reader writes "Michael Geist posts to his site about a study commissioned by the Canadian government intended to look into the buying habits of music fans. What the study found is that 'there is a positive correlation between peer-to-peer downloading and CD purchasing.' The report is entitled The Impact of Music Downloads and P2P File-Sharing on the Purchase of Music: A Study For Industry Canada, and it was 'conducted collaboratively by two professors from the University of London, Industry Canada, and Decima Research, who surveyed over 2,000 Canadians on their music downloading and purchasing habits. The authors believe this is the first ever empirical study to employ representative microeconomic data.'"