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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. "

30 of 590 comments (clear)

  1. Good step? by LegendOfLink · · Score: 5, Insightful

    Seriously, why can't the US government learn to keep their noses out of every aspect in our lives?!

    1. Re:Good step? by wankledot · · Score: 3, Insightful
      OK, I'll bite.

      The DMCA was not designed to put the government's nose into every aspect of your life. I was designed by content providers/creators to help them enforce their perceived rights as copyright owners in the face of what they saw as an attack.

      It's not The Big Bad Government trying to nose its way into our lives, it's one group of people (content providers/owners) trying to make sure that what they perceive as their best interests are protected through the law.

      That doesn't make it right of course, but you should really direct your ire at the right people, it's much more constructive.

      --
      My sig is blank, I typed this by hand.
    2. Re:Good step? by LegendOfLink · · Score: 5, Insightful

      True, but that one group of people used their money and influence to persuade legislators to make a law to benefit them.

      Last time I checked, I thought the government was supposed to preserve fundamental Constitutional rights, not pass a new law when some lawmaker has to take care of those who donated to their campaigns.

      Simply put, people will try to do things to put themselves at the top, but it's the governments fault for allowing itself to be manipulated.

      I think Thomas Jefferson would be crying right now ;)

    3. Re:Good step? by timeOday · · Score: 5, Insightful
      It's not The Big Bad Government trying to nose its way into our lives, it's one group of people (content providers/owners) trying to make sure that what they perceive as their best interests are protected through the law.
      Huh? I doubt you could name any policy of any government, ever, that wasn't about "somebody" who wanted "something." That in itself isn't a justification.

      If you assume somebody is being evil just for the sake of being evil, it's more likely their motive is selfish and you just don't know yet what they're trying to get. That doesn't mean they're not evil.

    4. Re:Good step? by BobSutan · · Score: 4, Insightful
      I think Thomas Jefferson would be crying right now ;)
      You jest, but in reality he'd probably be in prison, or worse Gitmo, held as an enemy of the State for trying to usurp the federal government.
      --
      "On a scale from 1 to 10, people are stupid"
    5. Re:Good step? by Brandybuck · · Score: 4, Insightful

      It's not just the US government, it's EVERY government. Some government are more intrusive into the social aspects of our lives, others into the economic aspects of our lives, but I have yet to encounter any government that was content to simply mind its own business.

      Apropos the article, while the DMCA is pretty intrusive all by itself, EVERY industrialized nation has copyright laws that intrude heavily into the informational aspects of our lives. No exceptions. I don't care if it's an inch or a foot, I don't want that camel's nose in my tent at all!

      This news should be cause to praise Canada, and not to bash the US. Canada might now have a tiny shiny spot on its pot, but that pot is still pretty damned black to be pointing out kettles with.

      --
      Don't blame me, I didn't vote for either of them!
    6. Re:Good step? by pete6677 · · Score: 4, Insightful

      Voting does not work because voters don't take it seriously. If 80% of eligible Americans voted, and they did plenty of research ahead of time to see who would best serve their interests, corporate lobbyists would lose all their power. Campaign funds can make a candidate widely known, but only votes can put them in office. The problem is, people for the most part don't really care enough about their government to change it. As long as their lives are generally OK, they're not going to be voting in record numbers. If more people voted, and voted on important issues as opposed to who says they're going to give them more free stuff, Democrats and Republicans would no longer be able to get away with being the same, unless they really offered what most people truly wanted.

  2. Freedom! by Janitha · · Score: 5, Insightful

    Good to see the Canada being more realistic and more free about stuff like this.

  3. w00t! by deadhammer · · Score: 4, Insightful

    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
  4. Lesson from Europe by Sanity · · Score: 4, Insightful
    After following the EU software patent debate very closely all I can say is that getting politicians to verbally agree with you is only the first step. When powerful interests are involved, a politicians vote can often differ quite substantially from their stated intentions...

    Eternal vigilance is the price of freedom (and its a PITA).

  5. Canada ... by Anonymous Coward · · Score: 5, Insightful

    ... The *new* Land of the Free. :-)

  6. Re:So When Piracy Causes The End Of Freedom.... by incom · · Score: 3, Insightful
    "...a psycho guns down four cops, and we say it was because of a nonexistent grow-op."
    It's sickening how the RCMP tried to leverage this event to their financial benefit. Sort of like how GWB had those 9/11 election ads, /vomits...
    --
    True genius is grasping a situation like a peice of fruit, and peircing it just right so that it drains dry.
  7. Re:So When Piracy Causes The End Of Freedom.... by Wandering+Wombat · · Score: 4, Insightful
    "They were gunned down in cold blood while investigating a grow op..."

    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.
  8. Not really by WindBourne · · Score: 4, Insightful

    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.
  9. Re:Some of the text by NorthDude · · Score: 4, Insightful

    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...
  10. Re:So When Piracy Causes The End Of Freedom.... by ShieldW0lf · · Score: 4, Insightful

    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
  11. Re:Nice by synx · · Score: 4, Insightful

    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?

  12. Re:The grass is always greener on the other side by KillerBob · · Score: 3, Insightful

    ... 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
  13. That's very nice for Canadians, BUT... by sytxr · · Score: 3, Insightful

    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) .

    They're not. Not the big labels at least. http://www.ram.org/ramblings/philosophy/fmp/albini .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.

  14. MOD PARENT UP by Excen · · Score: 4, Insightful

    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
  15. Re:So When Piracy Causes The End Of Freedom.... by Tripster · · Score: 3, Insightful

    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.

  16. And soon... by shmlco · · Score: 5, Insightful
    you are only one major health issue from bankruptcy

    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.
  17. Re:Bad Example by uberdave · · Score: 3, Insightful

    That puts him into a potential conflict of interest situation. He should be excluded from making policy on copyright legislation.

  18. Would anyone notice? by Jetson · · Score: 5, Insightful
    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?

    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.

    1. Re:Would anyone notice? by Heretik · · Score: 3, Insightful
      Let's hope that the current brand of Convatives (political party of canada) do not ever get a majority.


      I used to think the conservatives would probably screw everything up pretty bad. Then I moved to Australia for a year.

      Now I know the conservatives will screw everything up really bad. The conservative equivalent party here has completely destroyed the country.

      Everything that has been privatised got far worse because of it, you have to pay for everything, but.. they still get taxed to hell. The private health care company (singular, not plural, for the record) is actively screwing me out of twice the money they should have taken, and getting my money back is proving almost impossible.

      The government is completely fucking the people out of all their money and giving them nothing for it, it's amazing. Living in Canada is so so much better. (Disclaimer: government wise. The people and everything here are great. Government != people)

      Want to vote conservative? Move to the states and stop trying to destroy our country, thanks.
  19. Free speech by totoanihilation · · Score: 4, Insightful

    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.

  20. English Parliament is great... by katharsis83 · · Score: 4, Insightful

    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.

  21. Not bad politics - Politics are bad by CaymanIslandCarpedie · · Score: 3, Insightful

    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
  22. Analgesic, not a headache! by werdna · · Score: 3, Insightful

    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.

  23. Re:Read the fine print by Obstin8 · · Score: 3, Insightful

    "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'.