Canada Says No To DMCA
P Starrson writes "
The Canadian government has reportedly said no to the DMCA. It
released its plans
for copyright reform today with a limited anti-circumvention provision
that would not cover the likes of DeCSS. It even avoided the U.S.
"notice and takedown system" that has caused a big headache for U.S.
ISPs. A good summary is available from Canadian law professor Michael Geist. "
Seriously, why can't the US government learn to keep their noses out of every aspect in our lives?!
IGB: More fun than eating oatmeal!
Good to see the Canada being more realistic and more free about stuff like this.
Go us! Now the question on everybody's mind up here is: with our refusal to put our official support behind the missile defense program and now this, how long before the border closes up completely?
I'll be honest, we're throwing science against the wall to see what sticks. -Cave Johnson
Eternal vigilance is the price of freedom (and its a PITA).
So they're saying that other countries don't have to follow US legislation? Who'd have guessed...
Seems a bit risky, considering their close proximity to the US and the tendency for US to invade other countries.
I think we'll see many mp3z.ca type sites popping up. When canada opens up decent-sized hosting, someone's going to abuse it from afar (outside of Canada's jurisdiction). A Japanese pirater will use Canada's hosting (which will probably grow due to the lax liability laws) to serve to American consumers. The pirate network will never die, it seems...
... The *new* Land of the Free. :-)
True genius is grasping a situation like a peice of fruit, and peircing it just right so that it drains dry.
Yeah, a grow op of 20 plants on the property of a man with nearly a dozen charges of assault, uttering threats, threatening a police officer, firing a gun within city limits, driving infractions, and who was known to be less than stable. He'd sworn, on several occaisions, to kill people who angered him. The guy was a nut job, and in spite of all this, he had no problems buying all the guns he wanted from the government. Blaming this on weed is like blaming World War II on the German sausages causing indigestion.
I like to place meaningful quotes in my sig, so people will know that I know what meaningful quotes are.
Because certain corporations who will remain nameless pay them not to. The courts have shot down certain laws that are intrusive under the Substantive Due Proccess requirement because the government couldn't show that the laws helped people rather than hurt them. It's much harder for them to do this when the rights being violated are more subtle (fixed term copyrights vs unlimited extensions) so it's easier for the corporations to control copyright.
--
Want a free iPod?
Or try a free Nintendo DS, GC, PS2, Xbox. (you only need 4 referrals)
Wired article as proof
Except that the sane people don't always fare well when the loonies revolt ...
Plain and simple, while these ppl are trying to change the law to their advantage, it is politicians who are doing so. ppl like Utah's senator, Hatch. Many do it not because it is good for America, but because they are gaining personally. That is bad politics.
In other cases, Politicians will do something as a cause and try to make it look like they are doing the right thing, when in reality they know it is wrong, but simply wish to have something for the election.
I prefer the "u" in honour as it seems to be missing these days.
Cue all the posts from USers wanting to emigrate.
Don't move here!
However, the FAQ also notes that circumvention for the purposes of private copying will not be permitted, meaning people may find themselves paying for a CD and paying a levy on blank CD yet unable to make the copy of the underlying CD.
This is kind of sad. Ok, it may not be a DMCA-like reform we are heading toward, but it still eats away a chunck of my fair-use rights. I mean, now I won't have the right to circumvent DRM-protected files so I can play them on linux? In the future, if they begin to sell DRM-crippled CD's and CD player, I won't have the right to circumvent it's DRM scheme so I can put the music on my iPod (as an example only)? The rest seems to have reach a good balance, but this one I do not like how it sounds.
So ok, things like DeCSS won't be illegal in itself, but using it to rip my DVDs to my harddrive will so I should rejoice why exactly? Because it is not has bad as in the US? It's not as bad so it is ok? Way to go...
Sorry for the rant, this just frustrates me a lot.
I'd rather be sailing...
Blaming this on weed is like blaming World War II on the German sausages causing indigestion.
Not really. Think about it.
Scenario 1: Pot is legal. You grow pot. You sell pot. You smoke pot. You pay your taxes and uphold the law. The cops don't bother you.
Would you shoot a cop?
Scenario 2: Pot is illegal. If you are caught selling it, you get a large fine and possibly some jail time. If you are caught using it, you get a small fine. You grow pot. You sell pot. You smoke pot. Cops have been tipped off and are coming for you, and if you get caught you face a $20,000 fine up to a year in jail.
Would you shoot a cop?
Scenario 3: Pot is illegal. If you are caught selling it, you go to jail for 20 years. If you are caught using it, you are sent to jail for 3 years. You grow pot. You sell pot. You smoke pot. Cops have been tipped off and are coming for you, and if you get caught you go away for the rest of your life.
Would you shoot a cop?
It appears, because of this event, that they will be shelving legistlation to reduce the penalties involved in marijuana. Does anyone else think this is really stupid, or is it just me?
-1 Uncomfortable Truth
If your patriotism is how you measure your self worth, then you have problems.
Having lived in both places, I'd definitely say that Canada has a far superior health care system. Lets just put it this way, if you are in the USA, you are only one major health issue from bankruptcy - even if you are making 6 figures.
I know you were probably joking, but why let an opportunity to correct a misconception slip by?
The removal of or tampering with such measures for the purpose of infringing copyright will itself constitute an infringement of copyright.
You can't get charged just for bypassing DRM. That can only happen if you do so for the purpose of infringing copyright. i.e. copying in a manner that is not fairuse. (contrary to what poster above believes)
Right, but the cops weren't there because of the pot. Changing the marijuana legislation as a result of this makes as much sense as invading Egypt because of this.
Oceania has always been at war with Eastasia.
... Ernst Zundel was deported after about 30 years' worth of extradition requests from Germany, where he was wanted for publishing documents that denied the holocaust.
Now, the last thing I want to do is give somebody a reason to invoke Godwin's law, but for crying out quietly, 30 years' worth of extradition requests and we only now get rid of the jackass?
Free Speech (tm) exists in Canada, and I have *never* had cause to believe that we're more draconian than anybody else. For one thing, we never produced a Joe McCarthy....
If you believe everything you read, you'd better not read. - Japanese proverb
as good as this for Canada, I'd do better lobbying my own countries' politicans for reasonable copyright and against new DMCA like "copyright police state" laws which the enterntainment is lobbying for, than posting on and reading /. where most people share a more reasonable stance on the subject anyway (even if the entertainment industrie's "We're the good guys and they're the bad guys" - Propaganda did take its toll among the /. population) .
i .html ; they're mostly bureaucrat-, lobbyist-, marketing- and lawyer-leeches that try to port and impose an inefficient and obsolete distribution system to the information age and restrict new technology and misemploy them to gain even more control, regardless of the damage to society it would cause. Think what could happen a tcpa/palladium (tcg/ngscb) like control technology gets mandated into every computer to enforce copyrights and DRM and then a not-perfectly-good government decides to increasingly use it for suveillance, censorship and control purposes.
They're not. Not the big labels at least. http://www.ram.org/ramblings/philosophy/fmp/albin
He may be illiterate and a self-titled jerk, but he does have a point. Which senators sponsor legislation like the DMCA come from? They happen to be from areas of the country that want to ban violent video games, make schools more like prisons than learning institutions, and let people sue pencil makers for poking themselves in their stupid, stupid eyes.
"No beer until you finish your tequila!" -Leela's Dad
The whole grow op angle bugged me from the getgo, especially when it was disclosed the original reason the cops were there was nothing to do with the pot, they just discovered that during the search for stolen property that had taken them there.
Of course the RCMP are playing up the pot as much as possible since it is in their vested interest for the current laws to remain and/or tougher laws to be on the books. They were among the first to put up a stink when the government said it was looking to lessen charges involving weed.
All for a plant that some guy in the 20's didn't really like and he used a bunch of false information to make it illegal. Reefer Madness anyone?
It is a plant! I cannot believe we as a species are so holier than thou that we think we can declare entire plant species as "illegal". Pathetic waste of tax monies enforcing it and it amounts to little but a make work project for those in society who believe they have the right to dictate what others can and cannot do to their bodies.
Nobody has overdosed and died from smoking weed, meanwhile thousands die every year from alcohol poisoning, go figure.
Even bankruptcy won't help, as Congress is about to vote April 6th on the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Aptly named, the act "protects" banks and lenders from those nasty middle-class comsumers who lose their jobs, whose families break up, and who suffer unforeseen medical emergencies.
Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
I usually support Democrats, but this is one area where Clinton's attempting to have his cake and eat it too led to an incredibly bad law.
Clinton accepted that most of the good manufacturing jobs would move overseas. America's strength, as he saw it, was in intellectual property. Therefore, a vote to strenghten holders of copyrights was in America's interest, right?
Oops.
Signing this was one of his biggest blunders after his support for deregulating radio and welfare reform.
That puts him into a potential conflict of interest situation. He should be excluded from making policy on copyright legislation.
"I'm not impatient. I just hate waiting." - My Dad
The border is already effectively closed as far as I'm concerned. The USA has REPEATEDLY lost their battles over softwood tariffs and beef import restrictions and yet the politicians down there are still blocking imports by simply throwing up new laws/rules that they *know* will eventually be struck down again. NAFTA is a complete failure from the Canadian perspective as the "free flow of goods and services" is apparently only a one-way deal.
There is a growing sentiment up here that we should no longer offer the USA preferential access to our natural resources. If you don't want our lumber or our beef, why should we be paying high electric rates to subsidise California? Why should we be shipping our fresh water south by the truckload?
I (and many other Canadians) have stopped going to the USA on vacation. I now give my tourist dollars to countries in Asia, Europe and elsewhere.
Well, weather permitting, I would have to say the grass _does_ seem greener on our side of the fence.
An example of free speech: we don't get called unpatriotic and/or labelled a terrorist (and thus have almost all personal rights revoked) for saying that our political leader is a dickhead. I would even dare say that it's a necessity to question the competence of our leaders, otherwise they would get away with worse stuff than they do now.
Actually I think he has a point there. Have you ever watched Tony Blaire be cross-examined on the floor of the House of Lords? I may dislike his policies, but the guy has amazing oratory skills - he defends his policies and ideas with clarity and coherence. It adds to the public discourse on complex issues. This kind of accountability of the Executive leads to a cleaner and more transparent government.
I *WANT* to see all future US Presidents have to defend themselves in front of the US Senate.
I *WANT* to see GW Bush have to defend himself to cross-examination by opposition parties on the floor of the Senate.
So yeah, I do think there's something the US can learn from British Parliament-style government.
This isn't really bad politics (at least as they are today). This actually great politics. Just happens to be bad for the country (and its people).
Unfortunatly, good politics and what is good for the people seldom intersect and politicians of course will go with good politics almost everytime.
"reality has a well-known liberal bias" - Steven Colbert
It even avoided the U.S. "notice and takedown system" that has caused a big headache for U.S. ISPs. A good summary is available from Canadian law professor Michael Geist.
ISP's did not consider the notice and takedown system a headache -- they negotiated for the provisions as a condition of their patronage of the bill!
The reason is simple: ISPs NEVER have to be liable for infringement of its users. A service provider is not responsible for certain user infringements unless and until it receives notice. Then, it is absolutely free of liability (including liability to the user for wrongful takedown) if it takes down the noticed content.
I'm not saying its a good thing, mind you. I'm saying that ISPs bargained for and like these provisions.
Of course, turning that around, we have a 3-syllable "W"
Actually, that is an American piece on Canada. As a Canadian that has worked in both systems, the question isn't even the waits, but the outcomes. Looking at health outcomes, Canada's under funded system actually does marginally better than the grossly bloated system in the US. Somehow, the US governement spends more per capita on healthcare than Canada, yet for that expenditure they only get medicare and medicaid, whereas Canada gets universal coverage. If Canada would boost its per capita expeditures to match those of the US, there wouldn't even be a funding crisis in the system!
Finally, I think that the article that you linked to demonstrates the main problem in the Canadian system: a lack of man power. You can buy all the MRI's you want, but if you haven't trained sufficient radiologists to read them, or technologists to keep the machines running, then there will still be waiting lists. The governement really has to boost the number of training spots at universities to train the needed staff.
"Fucking Yanks".
That's what Canadians instinctively think when they hear comments such as yours. "Banana Republic, Guam, Puerto Rico". Oh, how we drool at the thought of being associated with these stellar examples of democratization, liberty and equality that the U.S. has produced.
You walk your walk and talk your talk now while you have a bit of bounce in your step. Do you really think Canada - or the world - exists purely to satisfy the needs of the U.S? Do you think you'll just invade countries and plunder what you what? Are you really that arrogant? Do you think a pendulum only swings one way? Or are you just assuming an American {New World Order | Manifest Desitiny | Reich} lasting a thousand years?
You belittle Canada's not insignificant contributions to operations in Afghanistan. (You even bombed our fucking soldiers!) You glibly predict the separation and 'assimilation' of one of the worlds leading democracies. You're just gonna 'take' our water whenever you decide you need it.
"Fucking Yanks".
No surprise at that sentiment. Man, I grew up adoring your country. Now I think that you're just pissing it away - and even worse - no one seems to give a shit. Keep it up with the hubris. I'm sure it will go a long way in appeasing the world that 'Aw, shucks. We're a peaceful, God-fearing country. We just needed a lttle [insert commodity here] is all'.
That is bad politics.
No, it's GREAT politics. It's very POOR leadership. Politics is about selling your soul to the highest bidder. Leadership is about doing the right thing, even though your "friends" with the deep pockets might not like it. We many great politicians in this country, but very few leaders.
So you're saying that if i write even a song i'll have profits like Sting? Oh come on, despite a quote from one of his songs in my sig, i wouldn't say that.
Most of us won't get any serious profit from our writing, but he does.
It takes a man to suffer ignorance and smile
Be yourself no matter what they say