Slashdot Mirror


Canada Introduces DMCA-Style Copyright Law

P Starrson writes "The Canadian government this afternoon kept one promise many could live without. It introduced new copyright legislation that will bring DMCA-style legislation to Canada (backgrounder and FAQ here but bill still not online). Professor Michael Geist has apparently seen a copy and points out on his blog that while the bill does not go as far as the United States, the proposal is full of new rights for the music industry with precious little for users."

331 comments

  1. is the toothpaste out of the tube yet? by yagu · · Score: 4, Insightful

    It seems like there's a new story on this a couple of times a week. I remember the very first time I heard anything at all (some Senator was pushing some nefarious bill that alledgedly was going to give some "rights" to the music manufactures to help them "control" music as it became more and more digital...). I laughed out loud to myself (is that possible?). Anyway, fast forward to today, and I'm amazed at the progress the music industry has made.

    I watched in amazement as unexpected shills stepped forward to support the music industry in their quest to strip consumers' rights, most notably (or at least the one I can remember) Motley Crue. Further thought brought the logical conculusion these shills were entrenched in the music machine and stood to defend their obscene incomes... The bands that are popular are mostly (not all) there by serendipity. There are tons of excellent musicians out there waiting for their turn. So, Crue, et. al., dig in!

    And now? Canada? Blame United States!

    Regardless, I wish I wish a cohesive movement could arise and say, "no more", though I don't have a clue how to start that. Any good organizers in slashdot land? I don't know how a movement would manifest, but it seems groups have been able to pressure networks to not show shows, why can't the consuming music public apply similar pressure? I for one would be willing to commit to ZERO purchases of any media (dvd, sacd, cd, etc.) for one calendar year. Others? Other ideas?

    1. Re:is the toothpaste out of the tube yet? by xMilkmanDanx · · Score: 4, Insightful

      I would suggest a modification of your idea: a boycott of those artists that have SUPPORTED this kind of legislation. To that end, a website listing musicians that support the DMCA and maybe also those that oppose it.

      Personally, I won't purchase anything from Metallica ever since the whole napster event (well, their stuff since then has sucked but that's besides the point). And no, I won't download it either.

    2. Re:is the toothpaste out of the tube yet? by forgetmenot · · Score: 1

      The example you give about movements to not show shows is quite far removed from this case.
      Such movements are usually backed by religious groups, church organizations and such, center around "moral" opposition to controversial topics and have a regular Sunday audience with which to reach out and recruit their action committees from. Unless 'we' (the slashdot readership) can somehow get ordained as Mormon ministers and convince the citizens of Utah to threaten boycotts against anyone supporting or using the measures provided for in the DMCA... well... I don't see it happening anytime soon. We, as a collective entity will have to place our hopes in the public being sufficiently outraged by the Music Industry taking 12 year olds to court.

    3. Re:is the toothpaste out of the tube yet? by lee1026 · · Score: 0

      the thing is, it won't work. if the boycott actually hurt their sells, they will just blame the P2P networks and get even more dracoian rules on us.

    4. Re:is the toothpaste out of the tube yet? by grumpyman · · Score: 1
      I for one would be willing to commit to ZERO purchases of any media (dvd, sacd, cd, etc.) for one calendar year.

      Others like-minded protestors have already stopped purchasing any media, and are actively downloading from BearShare, BT and the likes...

      This topic is really wearing off. Anybody has any good suggestion on giving consumer a choice while protecting the artists work (any artists, including your favourite indy band)? We don't live in utopia. I realize most of the slashdotters are very conscience on good and bad, while most of the net-public goes for the most convenient.

    5. Re:is the toothpaste out of the tube yet? by kraada · · Score: 3, Informative

      To that end, one should look to Boycott-RIAA.com. Also, for general use, googling the artist name and "RIAA" tends to find out the information you're looking for . . .

      I for one do not buy RIAA music. Though I did buy two other CDs this year, and go to a concert.

      I hope more people start doing the same.

    6. Re:is the toothpaste out of the tube yet? by Clay+Pigeon+-TPF-VS- · · Score: 1

      I boycotted Metallica after the napster event as well. Call your local radiostation and ask them to stop playing metallica.

      --
      Viral software licensing is not freedom, it is in fact GNU/Socialism.
    7. Re:is the toothpaste out of the tube yet? by Decessus · · Score: 2, Insightful

      I think the answer to this is exposure. If the "movement" were large enough, well organized enough, and recognized for what it is, then they wouldn't be able to blame P2P networks anymore. This is just a hypothetical situation, but say you got one million people to stop buying digital media. Now, not only do they stop buying, they also loudly speak out through websites, news blurbs, and any other kind of exposure. All of a sudden the industries profits start to drop, there is no way they would be able to reasonably blame P2P networks when everyone already knows that there are a million people that are choosing not to purchase digital media.

    8. Re:is the toothpaste out of the tube yet? by darjen · · Score: 1

      People need to realize that the government is the entity to blame for this whole DMCA fiasco. They are the ones who are in power, with the ability to enforce these laws. It is the government that creates huge corporate monopolies through patent enforcement. The government is bowing down to special interests that abuse consumers just so they can keep the cash flow going in corporate donations.

      They sure have pulled a fast one on us. All they really care about is staying in power. They know they can do this because people will continue to vote for them, thinking that they will be protected against those evil terrorists. The only chance we will ever have is to strip the government of the power to make these stupid laws and get them out of our private lives.

    9. Re:is the toothpaste out of the tube yet? by Sj0 · · Score: 2, Funny

      I'm sure clear channel will listen to your suggestions with open hearts and minds.

      --
      It's been a long time.
    10. Re:is the toothpaste out of the tube yet? by Anonymous Coward · · Score: 0

      You think boycotting is going to work??? They'll just blame the lack of sales from your protest to piracy, and this will make their case easier to remove more consumers rights.

    11. Re:is the toothpaste out of the tube yet? by Anonymous+Luddite · · Score: 1

      >> Personally, I won't purchase anything from Metallica ever since the whole napster event

      That's two of us. I wonder how many more sales these guys lost?

      FWIW I don't download. I buy. I'm sitting beside a shelf filled with bought and paid-for music, but I don't buy any more Metallica. The whining over Napster made me lose all respect for them.

    12. Re:is the toothpaste out of the tube yet? by Anonymous Coward · · Score: 0

      Not once in the FAQ does the term 'fair use' appear.

    13. Re:is the toothpaste out of the tube yet? by Anonymous Coward · · Score: 0

      I buy plenty of music, just none that has any ties whatsoever to the RIAA. I also don't pirate any RIAA wares, as this is still a form of supporting them.

      Even if you're not giving them money, you're still propigating the myths of "sales are down because of all the piracy, not because the music is garbage" and "we could force consumers into paying for music, we just need the right DRM." This is something I wish more people understood...

    14. Re:is the toothpaste out of the tube yet? by bitspotter · · Score: 3, Informative

      http://www.downhillbattle.org/ is an extraordinary organization that does just that.

    15. Re:is the toothpaste out of the tube yet? by Neurotoxic666 · · Score: 1

      Personally, I won't purchase anything from Metallica ever since the whole napster event (well, their stuff since then has sucked but that's besides the point).

      Well, if you watch Some Kind of Monster, you'll see Lars basicaly saying that this whole rage against Napster was somewhat of an error and that it wasn't the right way to treat their fans (or something like that). So I guess it's almost OK to buy Metallica stuff now.

      And if you watch Some Kind of Monster, you may actualy appreciate the different stuff they did after the black album. It's not the Metallica we used to love, but after seeing the documentary about these guys, I kinda like the albums now. But that's also beside the point...

      --
      You are more than the sum of what you consume. Desire is not an occupation.
    16. Re:is the toothpaste out of the tube yet? by Dun+Malg · · Score: 1
      And if you watch Some Kind of Monster, you may actualy appreciate the different stuff they did after the black album. It's not the Metallica we used to love, but after seeing the documentary about these guys, I kinda like the albums now. But that's also beside the point...

      Yeesh. After watching Some Kind of Monster all I appreciated was that they were mostly* a bunch of spoiled, immature children. Lars realizing he was an idiot to get so self-righteous about Napster was a nice confession, but he never really demonstrated that he wasn't still such an idiot. Those losers are just now, in their freakin' FORTIES, coming to grips with the realities of being a grown up that most of us dealt with in our twenties. The problem is, they then feel compelled to express their epiphanies in their music, which will inevitably turns out lame. Their genre of music is all about youthfull anger, which they simply don't have available to them anymore.

      * Kirk Hammett is the only rational, well-adjusted human being among them. He must be one hell of a zen buddhist to put up with those whiny babies.

      --
      If a job's not worth doing, it's not worth doing right.
    17. Re:is the toothpaste out of the tube yet? by Nos. · · Score: 1

      I think you actually meant Metallica. Motley Crue released a full song and video on the Internet (Hell on High Heels) and encouraged its distribution. I can't remember the website, but I remember the flash? videos of Lars and ... well some other guy from Metallica going around and threatning little kids that we're downloading they're music. Motley Crue actually did the voices for another one that featured Nikki Sixx and Mick Mars slamming Metallica. If anyone has a link to any of those files, I'd love to get my hands on them again.

    18. Re:is the toothpaste out of the tube yet? by NightLamp · · Score: 1

      just another brick in the wall.

      I don't use iTunes, AirMiles or CreditCards et al.

      Why should I *pay* these companies for the reverse right of consumer information? I should not have to pay for their data collection. Indeed if this information is valuable to them I should receive compensation in a tangible form.

      Same holds true for DebitCards, I just use my local bank and get cash. No money trail, no profit for this multi-billion dollar marketing machine.

      Be aware of your breadcrumbs and who is picking them up. Your future identity could depend on it.

    19. Re:is the toothpaste out of the tube yet? by sp3tt · · Score: 0

      A cheap music store online, selling music in several formats (mp3, ogg, flac) without DRM.
      Cheaper CDs. Eliminate middlemen.

    20. Re:is the toothpaste out of the tube yet? by wheany · · Score: 1

      Napster bad is available at http://www.campchaos.com/show.php?iID=232

    21. Re:is the toothpaste out of the tube yet? by Curtman · · Score: 1

      "Call your local radiostation and ask them to stop playing metallica."

      We've done better, and not requested Metallica. Nobody talks about Metallica anymore without mentioning how much they suck now.

      Having said that, And Justice For All... is the pinacle of Heavy Metal technology in my opinion, but man do they suck now. I'm convinced there was some kind of alien abduction. The real James and Lars are off on the mothership somewhere. I hope they're okay.

    22. Re:is the toothpaste out of the tube yet? by Anonymous Coward · · Score: 0

      "Kirk Hammett is the only rational, well-adjusted human being among them. He must be one hell of a zen buddhist to put up with those whiny babies."

      I have to give Cliff the benefit of the doubt too. May he rest in peace.

    23. Re:is the toothpaste out of the tube yet? by Curtman · · Score: 1

      The example you give about movements to not show shows is quite far removed from this case. Such movements are usually backed by religious groups, church organizations and such, center around "moral" opposition to controversial topics and have a regular Sunday audience

      I'm sorry if this offends you, but I view Science as a religion as well. Software is a science too, we see religious wars about software all the time here on Slashdot. Users groups are a step in the right direction of the equivilant of "religious groups, church organizations and such". Here we are at The Church of Slashdot, in moral outrage about DMCA-like bills being passed in Canada.

      I think it's a great idea to organize some kind of grassroots (I hate that word though, Preston Manning irritates me to no end and he ruined it for me) political force in Canada to oppose this bullshit.

    24. Re:is the toothpaste out of the tube yet? by kwoff · · Score: 1

      IMHO, Metallica started sucking after 'And Justice For All...'. I remember being really disappointed by the next album. A.J.F.A and 'Master of Puppets' are two of the best heavy metal albums evah, though.

  2. Re:Oh noes! by Anonymous Coward · · Score: 0

    Probably back to your mom's house.

  3. It's the users, stupid! by Nom+du+Keyboard · · Score: 4, Insightful
    of new rights for the music industry with precious little for users.

    When will "the users" realize that they elect the politicians?

    Money can buy influence, but in the end it is each "user" in that voting booth that should be throwing out those elected officials that don't respect them!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:It's the users, stupid! by Stevyn · · Score: 3, Insightful

      Because young people who are affected by these laws tend not to vote. At least in the US, that is. I heard a lot more rhetoric for Kerry than actual votes for Kerry in the past presidential election.

      I'm really really not trying to to start a flame war, an anti-Bush/Kerry flame war, or anything else about the past presidential election.

      My point is politicians cater to those voting for them. And if the people voting for them don't care about the restrictions and the companies donating to their campaigns are encouraging these laws, then a politicians is going to pass these laws.

    2. Re:It's the users, stupid! by fishbowl · · Score: 2, Interesting

      >When will "the users" realize that they elect the
      >politicians?

      When will they realize that the elected government actually does represent the general consensus of the people?

      To me, that's much scarier than any conspiracy theory.

      --
      -fb Everything not expressly forbidden is now mandatory.
    3. Re:It's the users, stupid! by a_greer2005 · · Score: 1

      The problem is the large paments going top EVERYONE on the ballot

    4. Re:It's the users, stupid! by wishus · · Score: 4, Insightful

      Money can buy influence, but in the end it is each "user" in that voting booth that should be throwing out those elected officials that don't respect them!

      I don't think any of my elected officials even have copyright/IP issues on their platform. Even if I do vote against them because of their stand on that issue, they don't know it was because of that issue. They probably assume it was their stance on Iraq, or some other headline issue.

      There are so few candidates that it's impossible to find one that I agree with on all issues. As for the states that elected the congressmen who introduce DMCA-like bills, I doubt it was because they wanted new copyright law.

    5. Re:It's the users, stupid! by Antonymous+Flower · · Score: 1

      Am I responsible for your actions? Can I vote for you? If you are elected, am I now responsible for your actions? No. If I and others were, impeachment would have never been drafted.

    6. Re:It's the users, stupid! by heelios · · Score: 2, Informative

      No it's not the user's fault. How many people are going to care enough to vote for another political party because they passed a copyright law?

      Not enough.

    7. Re:It's the users, stupid! by Anonymous Coward · · Score: 1, Informative

      But it doesn't, not unless lobbying/bribery and plutocracy is outlawed. The "elected" government is currently representing the will of a monied elite: case in point, the european software patent issue, where 90% of respondents surveyed by the european commission didn't want software patents, but were told they weren't an "economic majority": pure democracy vs plutocracy.

    8. Re:It's the users, stupid! by fishbowl · · Score: 1

      >The "elected" government is currently representing
      >the will of a monied elite

      Name the US Senator who is in office by any means other than an at-large election.

      The governed support the status quo.

      I don't like it, personally, but I don't have any delusions that the liberal counterculture has a majority voice.

      --
      -fb Everything not expressly forbidden is now mandatory.
    9. Re:It's the users, stupid! by pete6677 · · Score: 1

      Actually, the thought of more Americans voting frightens me. Remember that Slashdot article from last week about most Americans supporting more government effors to make the internet "safe"? If you did a survey to see who thought that "dangerous" speech should be outlawed, you would be surprised at the number of people who would say yes. I'm not talking about the average young internet user, but the average housewife. If more people across the country start voting, Jeb Bush will be the next president and anything naughty won't be allowed on the internet.

    10. Re:It's the users, stupid! by temojen · · Score: 3, Insightful
      I'm really really not trying to to start a flame war, an anti-Bush/Kerry flame war, or anything else about the past presidential election.

      That's good, because it would be REALLY off-topic in a thread about Canadian copyright law.

    11. Re:It's the users, stupid! by BewireNomali · · Score: 3, Informative

      I agree with you totally, and I'm going to take your logic a step further.

      In addition to the fact the young people in the US don't vote, the flip side is the music industry putting money behind politicians. In a bipartisan system, it isn't a big issue to put money behind BOTH candidates. Analysis of party lines will notice that there is less of a difference between democrats and republicans than ever and both cater to special interests.

      Young people don't vote in presidential elections, but more importantly, they don't vote in local elections for the house and the senate. They don't vote for local councilpeople and for mayors. So it's pretty safe to ignore us.

      I wanted to start reversing the trend. I went to an election a year or so ago for local councilmen (I'm in New York). The district had over 500,000 people in it. The guy who won had 580 some-odd votes. I got there and it felt like visitng my grandmother's house. I swear no one under 65 was there... except me.

      The fact that we don't vote is teh sux, but the fact that we don't really have a choice in a bipartisan system that harbors the illusion of difference is even worse. I have no answers, but voting democrat/republican is pretty much voting for the same thing.

      --
      un burrito me trampeó.
    12. Re:It's the users, stupid! by Mr2001 · · Score: 2, Insightful

      I don't think any of my elected officials even have copyright/IP issues on their platform. [...] There are so few candidates that it's impossible to find one that I agree with on all issues.

      This is the real problem. Thanks to the polarization caused by our electoral system ("first past the post" elections virtually guarantee a two-party state), your only real choice at the ballot box is to vote for one set of positions, or another set of opposing positions. You can't vote for someone without supporting his positions on every issue, and you can't vote against him without opposing his positions on every issue.

      A system of proportional representation would allow smaller parties to focus on niche issues like copyright, and it'd make sure that they get seats if they have some support, even if they can't beat the major party candidates on every issue with most voters.

      --
      Visual IRC: Fast. Powerful. Free.
    13. Re:It's the users, stupid! by baryon351 · · Score: 3, Insightful

      Last election I heard dozens of my friends announce they thought bush got in illegally, as they knew nobody personally who voted bush.

      Now, apart from that just not being a representative sample, I also asked them who they voted for.

      All kinds of excuses came up. they were busy on the day, they don't vote out of protest, it was too far to travel, they just forgot.

      So much for not knowing anyone who voted bush - most of them didn't know anybody who voted kerry either.

    14. Re:It's the users, stupid! by svvampy · · Score: 1

      It may take some obscene repression like you've described to help people wake up and take notice.

      In Australia the federal government has been elected to such a position of power that they won't be able to help themselves and push through whatever the hell legislation they want. Subsequently people will realise (hopefully) that vesting absolute power in our elected monarch is a bad thing and if they can't stomach voting for the incompetant opposition party, they will likely be attracted to one of the smaller parties to 'keep the bastards honest'.

    15. Re:It's the users, stupid! by Anonymous Coward · · Score: 0

      Who exactly are we supposed to vote for? The Alliance? The NDP? The Bloc? I don't think so.

    16. Re:It's the users, stupid! by Anonymous Coward · · Score: 0

      So, (to paraphrase) you are a Blue State Bigot that looks down his nose that everyone else.
      Because you think you are better than "the pols", you think their opinions should not matter.

      Isn't "dangerous speech" the kind of Hate Speech the Dems are so fond of banning?

      I understand that the Democrats, ironically, hate democracy and prefer the rule of their little aristocracy.
      But understand, you are nothing more than a closed minded, intolerant, bigot.

    17. Re:It's the users, stupid! by geniusj · · Score: 1

      Not voting out of protest? Not the sharpest tools in the shed I see.

    18. Re:It's the users, stupid! by Anonymous Coward · · Score: 0
      As for the states that elected the congressmen who introduce DMCA-like bills, I doubt it was because they wanted new copyright law.

      Canada!!!!!

      RTFA

    19. Re:It's the users, stupid! by jaycontonio · · Score: 1

      It's not the users option, it's the artists. There are a million independent labels that can do what any major can (maybe not on the same advertising level, but very close). Get larger name artists to go to independent's...offer more music for free in trade for you buying tickets to their shows...which is where the bands cake comes from anyway.

      A big artist should be able to tackle this no problem...There are hundreds of big name independent artists that don't work because they're making money doing what I mentioned...

      Get on your favorite bands ass to change things.

    20. Re:It's the users, stupid! by Anonymous Coward · · Score: 1, Insightful

      I'm really really not trying to to start a flame war, an anti-Bush/Kerry flame war, or anything else about the past presidential election.

      That's good, because it would be REALLY off-topic in a thread about Canadian copyright law.


      No. It is the theme of every Slashdot story now a days.
      I had hoped we'd be spared this shit when they added the "Politics" section, but that was just wishful thinking on my part.

      Of course, most of the posts will be modded "insightful" when they are really "Inciteful".

    21. Re:It's the users, stupid! by iminplaya · · Score: 1

      Well, I do have to admit that they possibly represent the voters' local interests.They(the voters) need to be aware of the consequences of their vote on the people outside their city, county, state, country. Dan Rostenkowski is a good example of this. He was loved by his constituents. They didn't care how corrupt he was. He brought in lots of money. We shouldn't give a single individual or group this kind of widespread power.

      --
      What?
    22. Re:It's the users, stupid! by Urusai · · Score: 2, Insightful

      My point is politicians cater to those voting for them.

      Spoken like a patsy from the faithful opposition. Democracy is broken. Politicians cater to whomever can provide them with their emoluments. In America, that would be--the rich! Sure, democracy could magically start working, but the systematic control of education and media in the US pretty much guarantees it can't.

      I'm sick of people deriding it as "class warfare" when it's pointed out that perhaps the rich who control things don't have the most altruistic of intentions. Yes, it is class warfare. And you are losing.

    23. Re:It's the users, stupid! by Mr.+Underbridge · · Score: 1
      Last election I heard dozens of my friends announce they thought bush got in illegally, as they knew nobody personally who voted bush.

      Now, apart from that just not being a representative sample

      Reminds me of a quote from the head of the NYT or Wash Post (can't remember which). Paraphrased, it was basically that she didn't know how Nixon got elected, everyone she knew voted for McGovern. Same situation as your friends, but you can't make the same argument of election stealing, as Nixon crushed McGovern.

      Rather, it points out that people tend to hang around with people who agree with them. The last two elections have been rather close. As such, if anyone truly doesn't know who voted for the "other guy" (either guy), it means that one might consider widening one's circle of friends, and therefore the ideas one is exposed to. It's no fun talking to a bunch of people who echo my political beliefs.

    24. Re:It's the users, stupid! by QCompson · · Score: 1

      It depends on what state you're in as well. Thanks to our wonderful electoral college system, If you are in a blue state (i.e. New York, California, Massachusetts, Vermont, etc.), it wouldn't have made a difference whether they voted or not anyway.

      From the red states I've visited, such as Kentucky and Indiana, it was pretty obvious there was a substantial amount of support for G.W. (and judging from bumper-stickers, that there still is).

      Don't give the media-drunk americans too much credit: even if they do vote, they certainly don't necessarily vote sensibly.

    25. Re:It's the users, stupid! by cranos · · Score: 1

      I think there is a small chance that the Coalition might not make it through this term as a cohesive whole. Remember, the Nationals are now going to have the liberals over a barrel, especially when it comes to things like the Sale Of Telstra.

    26. Re:It's the users, stupid! by N1KO · · Score: 1

      I'm in Canada and young people (including myself) don't vote here either. OTOH I'm not sure how it would've been better for a different party to introduce this law.

      I believe young people are skeptical about the whole political system, rather than against any specific party (although most would vote against the conservatives if forced to vote at gunpoint). Lately it has been hard to have faith in a federal government that can't govern and a provincial government (here in Ontario) that has nothing better to do than pass a law banning pit bulls.

    27. Re:It's the users, stupid! by zsau · · Score: 1

      In Australia, where around 90 per cent of people make formal (valid) votes (enough consider it a social obligation, just like jury duty that it's compulsory). However, we didn't get to vote on the issue, because both major parties supported the so-called Free Trade Agreement with America (the Government was obviously in support of it, and the Opposition had been led to believe they'd screwed up majorly and the only option to get elected was to support it).

      That really is the bigger issue. We don't get a say on it. Voting is more than just a formality, but in issues like these where it's Big Business versus the Weird Extremists (even if they're speaking up for the People and are conservative), the Weird Extremists don't even need to bother turning up.

      --
      Look out!
    28. Re:It's the users, stupid! by Anonymous Coward · · Score: 0
      Please, if you're a typical eastern idiot, vote liberal again. PLEASE. We've had enough in the west and about one more election would be enough to fully stoke the sepratist sentiment. Ralph is done in about 2 or 3 years and if these lying cheating fiberals get back in because of ontario's stuipidity again.. we're gonna have the best shot ever at getting out of this maple syrup republic. WE DON'T NEED CANADA FOR ANYTHING ANYMORE! We just send money down east to be pissed away in the welfare states (Quebec and the maritimes) We're sick of being ruled by the conceited east. (psst, Toronto, everybody else in the country hates you and your lousy selfish attitudes)There's a bunch of bumper stickers our here:

      100 years is enough!

    29. Re:It's the users, stupid! by ozmanjusri · · Score: 1

      Name the US Senator who is in office by any means other than an at-large election.

      Name the US Senator whose opponent was not an almost identical politician.

      You go first.

      --
      "I've got more toys than Teruhisa Kitahara."
    30. Re:It's the users, stupid! by Dwonis · · Score: 1

      You vote for a minority Conservative government. It'll be non-Liberal, thus sending a clear message to everyone that corruption will *not* be tolerated by the Canadian people, and the opposition parties will keep them in line.

    31. Re:It's the users, stupid! by Kjella · · Score: 1

      When will "the users" realize that they elect the politicians?

      Money can buy influence, but in the end it is each "user" in that voting booth that should be throwing out those elected officials that don't respect them!


      Votes are a battle of information and opinion. If a poltician does something that'd lose him 2000 votes, and get enough campaign contributions to convince 3000 others to vote for him, that's a net gain of 1000. The truth is, votes can be bought legally. And if they get more votes by following the money than follow the constituents' best interests, well... Welcome to the plutocratic United States of America. Not that this isn't a problem all around the world.

      Kjella

      --
      Live today, because you never know what tomorrow brings
    32. Re:It's the users, stupid! by why-is-it · · Score: 1
      You vote for a minority Conservative government. It'll be non-Liberal, thus sending a clear message to everyone that corruption will *not* be tolerated by the Canadian people, and the opposition parties will keep them in line.

      How does a Conservative government equates to not being corrupt? Have you forgotten the Mulroney era already?

      Face it, patronage is an integral part of the system and it will never go away. The Sponsorship scandal is an extreme example, but it is hardly an isolated example of government misbehaviour.

      Politicians of all stripes look after their own and feather their own nests.

      I would have thought the best defense would be to not re-elect any incumbant government, but event that would be no solution. The Mulroney conservatives created the Quebec sponsorship program in the first place, and for all I know, they might have used it the same way the Liberal party did...

      --
      *** Where are we going? And what's with this handbasket?
    33. Re:It's the users, stupid! by Anonymous Coward · · Score: 0

      In Canada, this is a non-issue for most people. Any of our parties would have introduced this bill, and the opposition Tories will vote against it only because they feel they have to vote against every bill introduced by the ruling Liberal/NDP/Sometimes-BQ coalition. Not much we can do with our votes here. Furthermore, we elected a government last year - they are now free to do exactly as they please. And even if we voted in the NEXT election for a magical party that promised to repeal this law, it would almost certainly be a lie, as are all "we will repeal that evil law passed by the [x] party last term" promises.

    34. Re:It's the users, stupid! by elflord · · Score: 1

      I don't think any of my elected officials even have copyright/IP issues on their platform. Even if I do vote against them because of their stand on that issue,

      If none of them have a stand, that points to ineffective lobbying. Someone needs to pressure them into stating a position on these issues. Even if you're not a lobby group, you could write them on this. If they get enough letters, it will occur to them that the issue is important, and they'll take a stand.

      I would bet that they do actually have a stand, and you simply haven't educated yourself on it. Chances are the music industry has already done its share of lobbying.

      The bottom line IMO is that the anti copyright mob are a bunch of spineless opportunistic whiners, so I don't expect to see them forming an effective, cohesive group of any sort.

    35. Re:It's the users, stupid! by wishus · · Score: 1

      The bottom line IMO is that the anti copyright mob are a bunch of spineless opportunistic whiners, so I don't expect to see them forming an effective, cohesive group of any sort.

      I actually agree with you here. I am for copyrights, but think that the DMCA and things like that are a little extreme.

      Either way a candidate stands, for or against, it's much easier to campaign with a platform of emotional/sensational issues like abortion, Iraq, etc.

    36. Re:It's the users, stupid! by Anonymous Coward · · Score: 0

      Any of our parties would have introduced this bill

      During the last election campaign, the Green Party was the only party against this bill. I voted for them. You could have too.

    37. Re:It's the users, stupid! by Sj0 · · Score: 1

      Because you can only be blue or red, right?

      I find it ironic that the conservatives in canada are blue, and the Liberals are red.

      Actually, I can think of one other political affiliation which uses red. Guess which? :P

      --
      It's been a long time.
    38. Re:It's the users, stupid! by Sj0 · · Score: 1

      You're out of the loop, dude. The alliance is no more.

      Frankly, I'm voting NDP. They've never been in power before, I think they'd crap themselves just enough to not try anything funny. Plus, it would give the mainstream parties a boot in the ass in terms of "hey! Maybe we should work on not being such douches all the time!".

      --
      It's been a long time.
    39. Re:It's the users, stupid! by Anonymous Coward · · Score: 0

      Who exactly are we supposed to vote for? The Alliance? The NDP? The Bloc? I don't think so.

      Vote for an independant candidate who will represent his constituents' interests and needs. You know, like we designed our democracy in the first place, before we let these voting cartels called "party politics" take over?

      It's time to hold our MPs directly and personally accountable for the votes they make and the motions they pass. We shouldn't let them responsibilty by blaming party politics. Only once we, as constituents, hold our MPs personally accountable for their actions will politics in Canada begin to reform.

      Until then, it really doesn't matter: they'll just blame it on "the party", and one bad party member will be replaced with another.

  4. better name? by RickPartin · · Score: 2, Funny

    Does it at least have a better name than Digital Millennium Copyright Act?

    1. Re:better name? by nizo · · Score: 1

      Unlike here in the States the title of the legislation must reflect what it really is. I think they named it something like, "Gimme your money, but you get nothing, eh?" act.

    2. Re:better name? by eclectro · · Score: 1

      Does it at least have a better name than Digital Millennium Copyright Act?

      Do you mean something like "Arms up - this is a stickup" ??

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    3. Re:better name? by Xyrus · · Score: 1

      What's wrong with the DMCA?

      Young man, you want to make a copy.I said, young man, I'll just charge you a fee.
      I said, young man, we've stolen all of your rights. And you never put up a fight.

      Young man, don't reverse engineer. I said, young man, that's illegal in here.
      If you do it, you'll get sued out of sight. Our lawyers will fuck you up tight.

      It's fun to have the D-M-C-A.
      It's fun to have the D-M-C-A.

      We own everything, DRM'd to the gills,
      We know every crook and shill ...

      It's fun to have the D-M-C-A.
      It's fun to have the D-M-C-A.

      We buy ourselves clean, we buy all the laws,
      Put your money in our claws ...

      Young man, are you listening to me? I said, young man, you want to backup for free?
      I said, young man, not anymore. 'Cuz we sell you shit and you just buy more!

      Come on! It's for all you to see. That my new house, is made of money,
      Don't you share, just be a good sheep, 'Cuz next we'll kill you in your sleep.

      It's fun to have the D-M-C-A.
      It's fun to have the D-M-C-A.

      We know everything, your ISP is mine
      Here's a million dollar fine ...

      You've been raped by the D-M-C-A.
      Hope you like the D-M-C-A.

      Your government's good, it's the best you can buy,
      It brings a tear to my eye ...

      Young man, what you could once do for free. Well it's too late, we've locked up all you can see.
      And you'll pay now, as we dance with glee, 'Cuz all you base are belong to me.

      Hey you, on that mini-iPod, You better pay us, you insensitive clod!
      There's a cool law, called the DMCA. And it's never going away.

      It's fun to have the D-M-C-A.
      You're owned by the D-M-C-A.

      You make us strong, you make us rich, Orrin Hatch is our bitch ...

      D-M-C-A ... we love the broadcast flag D-M-C-A.

      Well Canada, don't say we never gave you anything. Hello and welcome to prosperous rule under oppressive IP laws.

      ~X~

      --
      ~X~
    4. Re:better name? by TheSloth2001ca · · Score: 1

      wow some one has way to much time on their hands. Bravo!!!

      --
      Just another crappy blog
  5. Mirror of All Links by sammykrupa · · Score: 3, Informative

    Here is the Slashdot story with links changed to mirrors:

    P Starrson writes "The Canadian government this afternoon kept one promise many could live without. It introduced new copyright legislation that will bring DMCA-style legislation to Canada (backgrounder and FAQ here but bill still not online). Professor Michael Geist has apparently seen a copy and points out on his blog that while the bill does not go as far as the United States, the proposal is full of new rights for the music industry with precious little for users."

  6. Inaccurate Headline by Anonymous Coward · · Score: 5, Informative

    They didn't introduce a new law, they introduced a new bill. It's not a law yet, and hopefully won't be.

    Please don't make such misleading headlines.

    1. Re:Inaccurate Headline by iSeal · · Score: 2, Informative

      Though not implementing this law would mean violating the WIPOs rulings; which state that circumvention of TPM (...DRMs) are illegal.

      Unfortunately, the heritage minister in charge of this debacle has seen little evidence to support our cause. The one event that was supposed to make her see the light failed miserably due to a lack of foresight from the organisers and poor arguments from the attendees.

      In essence: we're screwed. Though we do have the advantage of our lawmakers not being bribed $179,000 by the RIAA/MPAA.

    2. Re:Inaccurate Headline by Drakonian · · Score: 4, Informative
      Correct. So please - write, call or email your MPs! (Writing probably best.)

      List of Canadian MPs

      --
      Random is the New Order.
    3. Re:Inaccurate Headline by 51mon · · Score: 1

      "Though not implementing this law would mean violating the WIPOs rulings; which state that circumvention of TPM (...DRMs) are illegal."

      WIPO doesn't make the law in Canada, so the WIPO treatise can't make anything illegal.

      The copyright treatise, article 11, says;

      "Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures..."

      In the UK some argued (unsucessfully) that this was basically covered by the fact that copyright infringement permits the author legal redress under existing UK legislation. Since by definition the act of circumvention necessarily includes the act of copyright infringement, where as anything else may well be reasonably classed under topics such as reverse engineering.

      Of course how a technical measure can be "effective" if it needs legal sanction to make it work, points up the core silliness at the heart of DRM systems.

    4. Re:Inaccurate Headline by bigberk · · Score: 2, Informative
      Though not implementing this law would mean violating the WIPOs rulings
      Who cares? WIPO isn't the word of God floating down to earth from heaven above. It's the result of a 1995 American bill (NII) under Clinton, which failed in Congress. The industry picked up the flame outside US borders in the WIPO committee under the United Nations. Basically this is a disgusting effort of the media industry to force their desires, which could not originally pass in the USA as law, upon the rest of the world. [reference]
    5. Re:Inaccurate Headline by Nimey · · Score: 1

      Slashdot has a misleading, sensationalistic headline. Film at 11.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
  7. A law not made by the Supreme Court by Anonymous Coward · · Score: 0

    I am stunned. I thought all laws in Canada were passed by their Supreme Court.

    1. Re:A law not made by the Supreme Court by Ubergrendle · · Score: 1

      for a troll you were ALMOST funny.

      The Supreme Court in Canada is able to *overturn* laws that are contrary to the constitution or the charter of human rights and freedoms. The Supreme Court NEVER rewrites laws, they send it back to parliament to fix. Because our charter is fairly new (1981) the Supreme Court has been busy over the last two decades revisiting 100 year old laws that were instituted while we were still a Dominion and governed by Victorian principles.

      Separate branches of government to keep each in check...wow, so 1790! You should look into these new horseless carriages everyone is talking about...

      --
      John Maynard Keynes: "When the facts change, I change my mind. What do you do?"
  8. Yeah,, by Anonymous Coward · · Score: 0

    Digital Millenium Canada Act

  9. In other news... by jd · · Score: 4, Funny

    ...The Canadian Government was sued today by the RIAA, for copyright infringement, over its DMCA act. "Mine, mine, mine! Precioussss!" squeeled the head of the RIAA, on the One Law being returned.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:In other news... by azbrdhntr · · Score: 0

      in other news the head of the RIAA was stabed by a pissed off priate/slash-dot reader.

      --
      I am a viral sig. Please copy me and help me spread. Thank you.
  10. What's worse by oskard · · Score: 2, Insightful

    The people who create something evil, or the people who copy them

    --
    Sigs are for Terrorists.
    1. Re:What's worse by Progman3K · · Score: 1

      >The people who create something evil, or the people who copy them

      If what they created is protected under the DMCA, then it's more evil to copy.

      --
      I don't know the meaning of the word 'don't' - J
  11. No new rights by The_Quinn · · Score: 1

    There are really no new "rights" - as all rights derive from the right of the individual. Intellectual property rights are a form of "property rights", which is the right of the individual to the fruits of their intellectual labor. (Which of course, an individual is free to give away).

    1. Re:No new rights by EzInKy · · Score: 1

      There are really no new "rights" - as all rights derive from the right of the individual. Intellectual property rights are a form of "property rights", which is the right of the individual to the fruits of their intellectual labor. (Which of course, an individual is free to give away).

      This is the phrase "Intellectual property rights" converted to a hexadecimal number:

      496e74656c6c65637475616c 70726f7065727479 726967687473

      Everybody knows that digits can not be copyrighted, and digital files are just that...files that contain digits. Laws such as the DMCA and its clones are in fact restrictions on math because they outlaw both numbers that resemble copyrighted content and operations upon them.

      --
      Time is what keeps everything from happening all at once.
    2. Re:No new rights by Anonymous Coward · · Score: 0

      There is more enforcement, though. That enforcement is paid for by the public. So what does the public get from it? More restrictions. We're being double-dipped.

  12. Acceptance of facts by ProfaneBaby · · Score: 5, Insightful

    I went to a talk last year given by legal counsel for the EFF about the DMCA, efforts to remove it, and very limited success, and I realized that even the lawyer made one fundamental mistake: they refused to acknowledge that people really do steal significant quantities of music/movies simply because they don't want to pay.

    Until the anti-DMCA crowd accepts and acknowledges that, even though they produce crappy music, people are actively stealing significant quantities of music/movies, they will NEVER gain traction against the well organized lobbying groups.

    The DMCA contains WAY TOO MANY horrible provisions, but the fact that it's defended so harshly by the RIAA/MPAA is indicative of the fact that they are quite desperate. Yes, the recent music sucks, but no, that's still no excuse to steal it. Until the anti-DMCA side is willing to accept a law that reinforces the standard copyright laws in a REASONABLE manner, there's very little chance that the DMCA is going away.

    --
    Video Phone Blogs send video messages straight to the web.
    1. Re:Acceptance of facts by Anonymous Coward · · Score: 0

      They should just remove Intellectual Property all together, it's a government restriction on the market, and it stifles innovation and competition.

    2. Re:Acceptance of facts by yamla · · Score: 1

      I'm not stealing any music. I have a legal right to download music (this bill would not take that right away) and in any case, I pay a levy on most of my media, a levy which is meant to make up for lost sales due to my downloading.

      And I don't download movies, though I think that is not illegal either.

      However, I agree with your claim that people arguing against laws like the DMCA need to admit that people download music without compensating the recording industry in the U.S. In Canada, on the other hand, the recording industry is compensated.

      --

      Oceania has always been at war with Eastasia.
    3. Re:Acceptance of facts by Baricom · · Score: 4, Insightful
      Until the anti-DMCA crowd accepts and acknowledges that, even though they produce crappy music, people are actively stealing significant quantities of music/movies, they will NEVER gain traction against the well organized lobbying groups.

      It seems that if the anti-DMCA crowd (disclaimer: I'm one of them) were to admit that, then the recording industry would simply say, "See? Those criminals even admit that they're stealing our work! We can't stop at just the DMCA. We have to add DRM, harsher civil and criminal penalties for stealing, and everything else we can possibly do. If we don't, we'll go bankrupt because the pirates are cutting into our revenue stream."

      Obviously, locking us in isn't working. I propose an alternative business method: quality service. It works something like this:
      1. Stop suing your customers. I postulate that the vast majority of people being sued for trading have purchased at least a few CDs. Suing them is just going to irritate them and cause them not to make any other purchasers. It also irritates people who are totally legit, like me.
      2. Stop forcing DRM on customers. It adds to the cost of the product, is easily bypassed by whomever wants to, and makes paying customers feel like they're criminals that can't be trusted.
      3. Sell cheaper, and make up the difference on volume. More people would buy an album for $7.99 than they would at $21.99.
      Those are the facts. It's a shame the RIAA (and the Canuck equivilent) won't accept them.
    4. Re:Acceptance of facts by Anonymous Coward · · Score: 0

      Stealing? I steal your toy, means you don't have that toy.

      This is copying your toy (a fabricator). I copy your toy, now we both have the same toy.

      Now, if I am unable, or unwilling to pay for my toy, what did you lose? My money? not hardly...

      Where is the theft? you lost nothing...

      Don't get me wrong, I'm against copying unless it is my right to copy something. However, I fail to see where such unauthorized copying is "theft".

    5. Re:Acceptance of facts by suitepotato · · Score: 5, Insightful

      Until the anti-DMCA side is willing to accept a law that reinforces the standard copyright laws in a REASONABLE manner, there's very little chance that the DMCA is going away.

      Not to Godwin this, or to put too fine a point on it, but this is like the Nazis saying they'll be reasonable if only their targets will wear little stars.

      YOU CANNOT BE REASONABLE WITH UNREASONABLE PEOPLE

      The RIAA and MPAA are exactly that: intractably unreasonable. We have DECADES of evidence right from their leaders' mouths documenting this clearly. These are people who believe the advent of the 8-track and then casette recorders were very very bad and dangerous ideas that played into mankind's original sin and gave him tools that he might be a thief. The VCR was a tool of bad nasty people who would steal money from the mouth of Steven Spielberg.

      You cannot begin to overestimate or overstate their lunatic idiocy. There is NO such thing as fair use for these people, they have NO concept of technology as it applies to demographics of adoption and usage and methods of applying technology to making proft, despite Apple's runaway success at putting iTunes to the public, and they have NO interest in listening to reason.

      Compromise? When they agree publicly that copyright was not ever intended and should not ever be used as a tool of permanent monopoly over ideas and expression of same by any organization, when they publicly apologize for suing CHILDREN for piracy, when they admit publicly that THERE IS such a thing as FAIR USE. I put this at the same chance of happening as flying pig racing becoming the newest prime time sport show.

      Personally, I say anyone who shills for them should have their entire catalog of publicly availible IP pirated and spread around to as many places as possible in a show of defiance. They need to learn that they WILL lose this war with the public and that we WILL defy them until they wave the white flag, smell the coffee, grow up, and get with the present day.

      Notice I didn't say that their IP needed to be exprienced, just copied. I wouldn't listen to Motley Crue or Metallica if you paid me and I've never had the slightest interest in downloading one of their songs. But I would do it just to send a message.

      Until then, they give no quarter, we give them none. They aren't desperate. They're greedy and stupid. If I was a pop musician relying on these people to keep me in the money, I'd get my head checked, fire these fools, and adopt a strategy that was in sync with the year 2005 and not 1955.

      --
      If my grammar and spelling are off, I am [distracted/tired/careless] (take your pick)
    6. Re:Acceptance of facts by inode_buddha · · Score: 1

      Copying someone else's toy does indeed give both of you toys. It also means one less sale to the RIAA/MPAA, and they will view that as a loss (since they are the copyright holders, presumably). The friend who shares his files with you has lost nothing, and probably does not own the copyrights to the file(s). You can't lose what you never had.

      --
      C|N>K
    7. Re:Acceptance of facts by Anonymous Coward · · Score: 0

      people are actively stealing significant quantities of music/movies

      No they're not, at least not by copying. Copying is not equal to stealing. That's why we have different words for them. There is no deprivation if you take a copy of something (except of opportunity payment that wouldn't be available if copyright law didn't exist; thus to use that loss of hypothetical payment as an argument for stricter copyright is fundamentally circular logic, and therefore invalid in reasoned debate).

      It's time for the societal cancer of copyright to come to an end. Right now, there are music industry types rolling in cash, while nurses, firemen, etc. earn a pittance. Abandoning copyright monoopolies and returning to a free market would merely correct the market so that "the poor starving artists" can go back to where they belong, being paid, but maybe a bit less than the people WHO ACTUALLY DO IMPORTANT WORK IN SOCIETY.

      The only intellectual "property" that should exist is the right to be recognised as the author of a work (attribution...). Plagiarism should remain fraud. But your right to be recognised as the author of a work is independent of your "right" to restrict copying. If people know you are the author of a work (and you could sue me for fraud if I claimed to be...), they know to pay you for new works, not me, even if they got a copy from me. This is akin to the way everyone else has to work: You make a table, you sell the table. Want more money? Make another damn table. Copyrighters would like to write a song, then sell copies of the same damn song over and over again. Of course they would, it's like a license to print money. Doesn't mean we have to let the bastards.

      FUCK INFOFASCISM. NO COPYRIGHT. NO PATENT.

    8. Re:Acceptance of facts by geekee · · Score: 0, Redundant

      "Obviously, locking us in isn't working. I propose an alternative business method: quality service. It works something like this:

      1. Stop suing your customers. I postulate that the vast majority of people being sued for trading have purchased at least a few CDs. Suing them is just going to irritate them and cause them not to make any other purchasers. It also irritates people who are totally legit, like me.
      2. Stop forcing DRM on customers. It adds to the cost of the product, is easily bypassed by whomever wants to, and makes paying customers feel like they're criminals that can't be trusted.
      3. Sell cheaper, and make up the difference on volume. More people would buy an album for $7.99 than they would at $21.99.
      "

      I think you have confused cause and effect. Why don't you instead, as the parent suggests, get assholes to stop stealing music, and then your first two demands will be met since there is no point in spending money to solve a problem that doesn;t exist. As for the third demand, you have no right to demand that someone lower their prices under threat of stealing the product if the prices remain high.

      --
      Vote for Pedro
    9. Re:Acceptance of facts by mosb1000 · · Score: 1

      This is your lesson in capitalism for the day.

      You should buy from people who offer goods or services which seem like a fair exchange to you. If you do not like the terms that big record labels attach to their music, you don't have to accept them. What's that? But you still want their music? Well, they don't have to sell it to you on your terms if they don't want to, the same way you didn't have to buy it on theirs.

      The fact that people still buy it despite the restrictions means that the pleasure of listening to the music must be worth the headache of dealing with the DRM. If it weren't true, the record companies wouldn't be making money.

    10. Re:Acceptance of facts by antiMStroll · · Score: 1
      "....people are actively stealing significant quantities of music/movies..."

      Stealing is bad because it causes incontravertable harm, the reason laws against it have been on the books for as long as books have existed. That's why it's called a crime.

      The RIAA members have yet to prove incontravertable harm in a manner a disinterested third party can accept. Until then calling downloads 'stealing' is propaganda. The societal costs for enacting laws based on propaganda will be immense, far far far outweighing the potential loss of revenue to what, in the grand scope of things, is a tiny sub-industry.

    11. Re:Acceptance of facts by globalar · · Score: 2, Insightful

      I happen to agree with you. But let me play devil's advocate. Were I the RIAA, here would be my strategy in response to your suggestions:

      1. "Stop suing your customer." I have millions of customers. When I sue just a few, I can settle out of court for more money than they will ever exchange with me in trade. As long as I don't sue everybody everywhere, I can gain money from claims and show people I mean business. Lawsuits are very common and few people pay attention to defending "pirates" and "thieves". A little moderation and this will not hit my bottom line.

      2. "Stop forcing DRM on customers." Most customers do not know what DRM is. They buy what attracts them and sometimes it happens to have restrictions. As long as I can attract enough customers, I still make plenty of money. DRM helps clueless investors keep confidence in my assets and business empire. As long as my assets are valued and I can attract customers, I do not need customer trust. Further, I can always sell through an online outlet like iTunes and consumers will buy with the trust of the Apple brand and the attractiveness of the artist.

      3. "Sell cheaper, and make up the difference on volume." Not until I have to will I cut my profit margins. If I can set the price, there is nothing in the world that will make me give that power up. Someone will have to take it from me.

    12. Re:Acceptance of facts by iCEBaLM · · Score: 2, Insightful

      Until the anti-DMCA crowd accepts and acknowledges that, even though they produce crappy music, people are actively stealing significant quantities of music/movies, they will NEVER gain traction against the well organized lobbying groups.

      That sir, is because it is not theft, it is copyright infringement.

      Theft is depriving the rightful owner of a tangible object. Making a copy of something does not do this.

      I will readily admit to you, right now, that many people infringe copyright simply because they do not want to pay for it. Do I think that is wrong? No. Do I think it is illegal? Gray area, not in my country but maybe yours, YMMV.

      Now you may be wondering why I do not think it is wrong to infringe copyright. Let me ask you a question: Why do you think it is wrong to infringe copyright? Is it because it's the law, is that why it's wrong? Is it because eomeone owns the work and deserves to be paid for it, is that why?

      Many things are or have been in various states of legality, alcohol at the beginning of the 20th century in the United States was illegal for one, slavery before the US civil war was legal for another. Do morals change simply because of the law? No. You cannot legislate morality and these two examples prove it.

      What about someone owning the work? Well the work in this case isn't tangible, it's not an object, it's a construct built into law, specifically Intellectual Property law. This law basically legislates that someone owns every idea and you're not allowed to share them without the permission of the owner. Not allowed to share an idea? How rediculous. What did we learn from the first paragraph? You cannot legislate morality. First we're taught to "share and share alike" and now law makers wan't to tell us that sharing is wrong?

      Lets move on from that question of sharing being wrong and into the notion that ideas behave like property. If I come up with an idea and I tell that idea to you then you also have the idea. I can't take it back, I can't make you forget, you can't voluntarily forget it either, it's in your memory. We both have the idea in our heads. You or I could tell countless people and everyone would have the idea, no one would be deprived of it, no one could voluntarily forget it, no one could take it away from you.

      Not only do ideas duplicate but two different people can come up with the same idea at the same time in different areas of the world. It's happened before and it will happen again. How do we come up with ideas anyways? We take from our experience: people, places, things. Artists call this "inspiration", inventors are guilty of using it as well. So lets recap: multiple individuals can come up with the same idea at the same time without collaborating and they use other people, places and things as inspiration to do it. If this is so, how can any one idea have an owner?

      Intellectual Property is a farce. It is certainly not theft and it is a fundamentally flawed system in which its flaws are currently being revealed to the world.

    13. Re:Acceptance of facts by Vitriol+Angst · · Score: 1

      I get DishNetwork.

      My service costs about $80 per month. With a lot of channels.

      I can even record shows--as many as I like. I could easily max out tapes and DVD-Rs with content. But since I'm going to have content for months to come, I only bother with one or two shows a month.

      I don't bother with stealing movies that will show up on the broadcast. If I gave a friend a Seinfeld episode-- I don't think it would effect the revenue of the network.

      How much do I spend buying music? About $0. Maybe in a year, I'll buy one CD as a present.

      That is the business model of the DMCA for music.

      Now, if they DRM'd all the movies on DishNetwork, I would probably cancel most if not all of my subscription and go with NetFlicks or something. I don't know how I could live without the Daily Show -- but we can adapt.

      So, then they could guarantee 100% of the proceeds of the $0 I have budgeted to spend with protected networks. It could be a "win / win" situation. I'd probably read more books.

      --
      >>"ad space available -- low rates!!!"
    14. Re:Acceptance of facts by Anonymous Coward · · Score: 0

      Are you fifteen years old? Seriously -- your concept of reality is more stunted than many children.

    15. Re:Acceptance of facts by Travelsonic · · Score: 1

      I will only accept what the pro-DMCA crowd wants me to accept when they start calling a crime what it really is under law instead of using terms that imply forced morals. That means stopping the "stealing music" bullshit when talking about copyright infringement. We get that it's wrong windbags, but calling it something that it isn't made it take longer to figure out.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    16. Re:Acceptance of facts by forgetful_ca · · Score: 2
      People did steal the music.

      For possibly the trillionth time since Sean released napster, it is not theft. It's really a very simple concept. The law defines this as copyright infringement.

      That phrase doesn't carry enough emotional impact and moral outrage as 'theft' and 'pirates', but it is nevertheless true.

      I do not feel that laws need to be adjusted based on copyright infringment, especially when it is happening at a grassroots level. Nor do I feel that someone is a criminal (copyright infringement is a civil matter, those found guilty aren't adjudged criminals) for indulging in someone else's 'Intellectual Property'. This is smoke and mirrors. You don't own an idea, and even under the cover of copyright, you were only intended to get LIMITED protection from competition. In return, the thing you sought protection for was GUARANTEED to enter public domain. What does public domain get now?

      Copyright is not a step forward for anyone.

    17. Re:Acceptance of facts by LoraxLorax · · Score: 1

      You do not have a legal right to download music that is not yours. The law states that you are permitted to download a copy for personal use of copyrighted material that you already own, and you can't be prosecuted for doing so given the presumption of innocence. If you don't own the CD for it, you are infringing copyright, you just can't be effectively prosecuted for it.

    18. Re:Acceptance of facts by yamla · · Score: 2, Interesting

      That's not at all true. See here (specifically, the section on Private Copying. "The act [of copying a musical work such as an audio CD...] onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording." I do not need to already own the copyrighted material. The whole presumption of innocence doesn't make much sense as everyone prosecuted for a crime (that is, for a criminal act) is presumed innocent in Canada (also, in the U.S.).

      The Canadian legal system has shown quite plainly that you do not need to own the CD. You are not infringing copyright. In fact, you don't even need to be making a copy onto an audio recording medium for which you have paid a levy, or for which a levy would normally be exacted.

      There's much more than just bill C-32, of course. There's the clear statements of the Copyright Board of Canada and there's case law. I'm sorry, but you are simply wrong on this. It is possible that what you state may apply if this new legislation gets passed, however, but my reading shows that it would still be legal to make a copy of a CD for private use. I cannot immediately cite that, however.

      --

      Oceania has always been at war with Eastasia.
    19. Re:Acceptance of facts by bigberk · · Score: 1

      All this digital anti-copying stuff really does not come down to piracy and copying media for your convenience. Even if it happens in mass quantities. A much more significant issue is at the heart of the matter; in the balance of law (the goal is to provide balance), do we lean towards the rights of the citizen/consumer or the rights of the corporation?

      The problem with these DMCA-style legislations (originating in the WIPO) is that by all measures they move the balance towards corporations and away from consumers. The industry gains the ability to preempt what they perceive as theft through measures limiting the convenience and freedom of citizens when they use computers and digital equipment.

      I am a Canadian electrical engineer. My main concern about the DMCA coming into Canada is the headache it will create in my field with respect to research and innovation. Some of the security research I will be doing next year for my postgraduate degree is borderline illegal in the USA; however, I feel it is essential research for furthering security in digital hardware (globally - who gives a shit about pop music).

      Freedom of speech and information is also a significant concern. When laws like the DMCA are in place, big business gains a big red button to harass citizens as a whole. Evidence is of course the DMCA, which can be invoked to automatically kick customers off of ISPs without even verifying that any "theft" was taking place.

      The WIPO treaty is a crock of shit, to put it bluntly, and I think I can outlast the recording industry's business timespan with my persistence. I think the media industry is nearly dead.

    20. Re:Acceptance of facts by shark72 · · Score: 1

      "Stop suing your customers."

      The paid download market is exploding. Sales are up something like 10X this year over last. The record companies probably think that a carrot and stick method is best. As long as the online music market continues to be wildly successful, it will be tough to dissuade them from continuing to take legal action.

      "Stop forcing DRM on customers."

      The other side of the coin is that while DRM-laden stores like the iTMS are doing amazing business, the sites that specialize in legal, DRM-free music are just having trouble getting an audience -- or content. We can sit here and say that what the customer really wants is to buy music from Magnatunes or MP3Tunes, but the fact is that they're not doing one hundred of one percent of the iTMS' business. Consumer acceptance of DRM is probably not seen as a big deal by the record companies, given these numbers.

      "Sell cheaper, and make up the difference on volume. More people would buy an album for $7.99 than they would at $21.99."

      Agreed. And, so do the record companies -- they're way ahead of us. FWIW, I know that $7.99 and $21.99 are just two imaginary numbers you pulled out for the purpose of making a point, but we can't expect $7.99 prices any time soon. Despite the cries of the "I buy CD-Rs for $0.25 so a record company could make money selling CDs at $5.00" geniuses, the realities of the costs of a two-tier distribution system and the expenses of producing CDs won't let that happen.

      "Those are the facts. It's a shame the RIAA (and the Canuck equivilent) won't accept them."

      This is one of those pot/kettle/black situations -- and I'm not referring specifically to you, but to Slashdotters in general. As I covered above, the phenomenal success of online music resellers like iTMS/Rhapsody/Napster demonstrates that the "add DRM / sue your customers" method is working just fine. We can say that perhaps if Apple hadn't added DRM, or if the record labels hadn't litigated, the online music industry might have grown 1,500% year over year rather than merely 1,000%, but I don't buy that -- particularly in light of the relative failure of the DRM-free MP3 stores.

      --
      Sitting in my day care, the art is decopainted.
    21. Re:Acceptance of facts by Anonymous Coward · · Score: 0

      I don't know how I could live without the Daily Show -- but we can adapt.

      They already put most of the show on their website (comedycentral.com). The good stuff, at least.

    22. Re:Acceptance of facts by Anonymous Coward · · Score: 0

      Please remember that 99% of the people in Canada are sheep and are a victim to the "sheep effect": doing what the government wants us to do.

      You're damn lucky if you find a guy who has even heard of Bittorrent dammit. And you can see the slow acceptance of people buying music because they get scared of the CRIA (RIAA in Canada). Just this week I had a guy who was so scared because apparently they decided to sue people who downloaded music so he even thought of just deleting his entire music collection! (I stopped him, but he is still scared that the "government" will find out he has music files). Here are my rebuttals (albeit pessimistic) to your points:

      1) Guess what, consumers will get scared and just buy the damn stuff. This will and has happened and don't expect it to stop.
      2) No one even knows what the hell DRM is. They just don't know why their music won't play. What can you tell them, when you know they won't listen to some long winded answer?
      3) The CDs ain't getting cheaper, but the sales still increased. Explain that one.

      This scare tactic really is working; remember that most of the people you meet are victim to the "sheep effect"; Slashdotters and other techie guys aren't. You got to rile up the masses, not expect support to come from no where.

    23. Re:Acceptance of facts by Baricom · · Score: 1

      As long as the online music market continues to be wildly successful, it will be tough to dissuade them from continuing to take legal action.
      Very true. This is the part where I *thwap* my neighbors for not getting it.

      The other side of the coin is that while DRM-laden stores like the iTMS are doing amazing business, the sites that specialize in legal, DRM-free music are just having trouble getting an audience -- or content.
      I realize this is a chicken-and-egg problem, but it seems to me that the problem with these sites is the lack of content. I've tried to listen to stuff on Magnatunes and MP3Tunes - really, I have - and frankly, the vast majority of it sucks. On the other hand, I generally enjoy CDs put out by the music industry - even the non-single tracks. I think if they could figure out how to get the content, the audience would come.

      FWIW, I know that $7.99 and $21.99 are just two imaginary numbers you pulled out for the purpose of making a point
      They're not far off reality. I recently purchased a $9.99 compilation CD online. The same title cost $21.99 at 2-3 brick-and-mortars nearby. In all three instances, the CD was a well-known, brand-new title from a major label.

      We can say that perhaps if Apple hadn't added DRM...[the] music industry might have grown 1,500% year over year rather than merely 1,000%, but I don't buy that -- particularly in light of the relative failure of the DRM-free MP3 stores.
      As I mentioned above, I believe the failure of the MP3 stores you mentioned can be attributed the lack of compelling content (and also, the fact that they don't have flashy TV commercials with dancing silhouettes). Perhaps, if the RIAAs of the world lined up a well-known brand against Apple (say, Wal-Mart or Tower) and gave them the permission to offer DRM-free music, they might be pleasantly surprised.

      Seriously, what good does DRM do anymore? JHymn breaks it with ease.

      Thanks for the debate, and welcome to my friends list (once I figure out exactly how to do that...

    24. Re:Acceptance of facts by aaronl · · Score: 1

      A basic economics thing: the market will find a way. Customers have shown that they were not happy with the prices in the market. They bought less of the product. The prices continued to rise, and the market found a way to lower prices to something people were willing to pay. In this case, the market found a way to make the price zero, and people like that price. When your choices for a given product are: zero dollars or > twenty dollars, the choice is easy.

      Both 1 and 2 are an artificial barrier in the market. The will raise prices because they work to prevent access to the product and adjustment to the market. They will simply further strengthen the market leader position to the detriment of everyone else.

      While you shouldn't threaten theft, you do need a way to force lower prices. In this case, you have a product that costs 20$. You have a method of duplicating the product and distributing it for 0$. This shows that there is a fundamental problem with the product pricing. (This is also why it isn't stealing.) There will still be industry support for at least 2 because it allows them to price gouge on a product with 0 cost to reproduce.

      IOW: Very few people steal music.
      DRM is still a bad idea.
      Suing customers is bad press, and will reduce sales.
      The market is finding a way to stabilize on a price people are willing to pay.
      The industry in question is pricing in violation of: federal law, federal order, court rulings. They have been convicted of anticompetitive behavior including: monopistic practicies, price fixing, and industry collusion.
      Copyrights should only last several years, not over a century. Sort of like how they were initially written to work.

      I still don't think any of this makes infringing on their copyrights OK. I just don't really care about it happening in this particular industry. I would love to see the studios in question go belly-up and the execs making these decisions lose everything.

    25. Re:Acceptance of facts by trezor · · Score: 1

      Thanks for the debate, and welcome to my friends list (once I figure out exactly how to do that...

      Easy. You just click the grey circle in the header of the post. In case you have trouble finding it, it looks like this.
      --
      Not Buzzword 2.0 compliant. Please speak english.
    26. Re:Acceptance of facts by trezor · · Score: 1

      I'll just use your excellent comment to plug the 'don't buy CDs'-campaign.

      If you don't like the way RIAA behaves, don't buy CDs. None. Regardless. You don't give money or donations to a political party you don't agree with. You don't give money to people you think behaves unethical. Don't buy CDs. Period.

      As parent poster said, if the copyright returns to being limited, if fair use get's acknowledged, then I might change my stance. Until then: I don't buy CDs, I don't buy movies. It's that easy.

      --
      Not Buzzword 2.0 compliant. Please speak english.
  13. This Is A Good Thing by Anonymous Coward · · Score: 1, Insightful
    the proposal is full of new rights for the music industry with precious little for users."

    Personally, I think this is a very good thing. Considering the massive violations of the music industry rights by piracy, they do need more protection to stop the rampant copyright infringement going on.

    Maybe if people respected copyright more, like you guys do with the GPL so religiously, this wouldn't be necessary. But in these times, it is.

    ?This is an ontopic comment, not a troll. Just because you don't agree doesn't mean its trolling.

    1. Re:This Is A Good Thing by IoN_PuLse · · Score: 1

      Yeah, these times are soo bad, before with VCRs and cassette tapes absolutely nobody was infringing on copyright. Give me a break.

    2. Re:This Is A Good Thing by kfg · · Score: 1

      Maybe if people respected copyright more. . .

      A good deal of, perhaps even the majority of, copyright violations that occur today are violations that exist only because of the new laws in the first place. If I still retained the rights I had when I was a teenager St. Pepper would be mine to do with as I please, because it would belong to the people.

      Your solution is to remove more rights from the people because they will not respect having had their rights removed from them.

      Copy'right' is not a right. It is a priviledge granted to someone by the government in violation of whatever rights the people have to free speech.

      Respect my rights and I might be more inclined to respect your priviledge.

      KFG

    3. Re:This Is A Good Thing by Luke-Jr · · Score: 1

      Copyrights are unjust and when given the opportunity, violated in protest regardless of whether it benefits you personally or not.

      --
      Luke-Jr
  14. You arent a big company? by a_greer2005 · · Score: 2, Insightful
    ...or a multimillion dollar contributor, then you have no freedom, now bend over, sparky!

    when is the recording industry going to start charging for singing inthe shower?

    1. Re:You arent a big company? by nizo · · Score: 1

      I keep waiting for a record company to record some guy saying "DMCA" once and release it on an album so they can sue news stations when they "sing" the lyrics to their new song without permission on the air.

    2. Re:You arent a big company? by 51mon · · Score: 1

      "when is the recording industry going to start charging for singing inthe shower?"

      In the UK, they already do if you have an audience of 9 or more when you shower ;)

  15. The USA by argoff · · Score: 3, Interesting

    The moral is, the USA isn't really more corrupt or backward than many other governments out there. They were just the first to get it because that's where most the money is, and that's where the pressures of the information age hit first.

    1. Re:The USA by Fittysix · · Score: 2, Insightful

      And of course the US doesn't put ANY pressure on other companies to adopt the same corrupt and backward policies.

      --
      *.sig
    2. Re:The USA by antiMStroll · · Score: 1

      America isn't leading, Canada is being coerced.

    3. Re:The USA by bigberk · · Score: 1
      The moral is, the USA isn't really more corrupt or backward than many other governments out there. They were just the first to get it
      Wrong, you obviously don't know the back ground to WIPO. All of this nonsense originated in the USA. American companies lobbied Clinton government in 1995; that legislation (NII) never passed Congress, it was circumvented outside the borders through the United Nations and implemented in the WIPO Treaty. Now it's stage 2, implement WIPO worldwide. We wouldn't have any of this crap if it wasn't for industry lobbies in the USA.
  16. Interesting bit by grub · · Score: 4, Informative

    FTA (emphasis mine) This does not alter the right to make a personal copy (including a P2P download) but does set some tough limits on what users are entitled to do with those copies.

    That will be next on the entertainment cartel's radar.

    --
    Trolling is a art,
    1. Re:Interesting bit by Anonymous Coward · · Score: 0

      Shoot, the days of using an equalizer to mod the music I listen to are numbered... Shame on you Sony, for getting me hooked on that punchy bass sound.

    2. Re:Interesting bit by mark-t · · Score: 1
      The "tough" limits it sets are actually not that bad... they just further clarify that a personal copy must _remain_ a personal copy... a copy that you could have been afforded under the personal and private copy exemption will only remain exempt as long as you don't distribute it.

      This was the spirit of the original act the whole time, but because this wasn't explicitly spelled out before, it left things ambiguous.

  17. If they restrict music rights in CA... by ignatz72 · · Score: 1

    It won't matter, they'll all probably forget where their iPods are anyway...

    http://news.bbc.co.uk/2/hi/business/4110948.stm

    1. Re:If they restrict music rights in CA... by WillAffleckUW · · Score: 1

      It won't matter, they'll all probably forget where their iPods are anyway...


      Canada is a net exporter of music. It's one of their top ten exports, actually.

      --
      -- Tigger warning: This post may contain tiggers! --
    2. Re:If they restrict music rights in CA... by ignatz72 · · Score: 1

      You mean Neil Young is still THAT poplular?

    3. Re:If they restrict music rights in CA... by WillAffleckUW · · Score: 1

      Canada is a net exporter of music. It's one of their top ten exports, actually.

      You mean Neil Young is still THAT popular?

      No, Sarah McLachlan.

      --
      -- Tigger warning: This post may contain tiggers! --
    4. Re:If they restrict music rights in CA... by Anonymous Coward · · Score: 0

      ... and Celine Dion
      ... and Avril Lavigne
      ... and Shania Twain
      ... and a lot of artists from Québec (french-speaking province) very popular in France
      ... and...

    5. Re:If they restrict music rights in CA... by ignatz72 · · Score: 1

      Sorry, I thought we were talking about real musicians... oops.

  18. Thanks a lot, neighbours... by breon.halling · · Score: 5, Funny

    I place the blame squarely on you, America. This was a great place to live, to go to school, to pirate music and raise kids until you moved in across the border.

    Sincerely,
    Canada.

    --
    "Yeah, well, Dracula called and he's coming over tonight for you and I said okay."
    1. Re:Thanks a lot, neighbours... by breon.halling · · Score: 1

      Flamebait? C'mon, man, it was a joke!

      That'll teach me to omit the smiley. ;)

      --
      "Yeah, well, Dracula called and he's coming over tonight for you and I said okay."
    2. Re:Thanks a lot, neighbours... by Anonymous Coward · · Score: 0

      Jokes are supposed to be funny.

    3. Re:Thanks a lot, neighbours... by Anonymous Coward · · Score: 0

      So don't mod it then. It's still not flamebait.

    4. Re:Thanks a lot, neighbours... by Anonymous Coward · · Score: 0

      Dear Canada,
      So sorry, but we were first.

      Sincerly,
      The United States of America

    5. Re:Thanks a lot, neighbours... by udowish · · Score: 1

      Yes, but my god man...we gave them Celine Dion!!!!!!!!!

      --
      when in doubt press enter and we'll figure it out later..
  19. Schoolhouse Rock - I'm Just A Bill by WillAffleckUW · · Score: 2, Funny

    They didn't introduce a new law, they introduced a new bill. It's not a law yet, and hopefully won't be.

    OK, let's all sing along to Schoolhouse Rock - "I'm just a bill, yes, I'm only a bill, and I'm living up on Parliament Hill. And someday, the Dark Lord hopes and prays, that I will be a law, but today, I'm just a bill."

    or words to that effect ...

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:Schoolhouse Rock - I'm Just A Bill by Anonymous Coward · · Score: 0

      It's different in Canada where a bill only becomes law after it is passed by the Senate and House of Commons and then receives the royal assent.

    2. Re:Schoolhouse Rock - I'm Just A Bill by WillAffleckUW · · Score: 1

      It's different in Canada where a bill only becomes law after it is passed by the Senate and House of Commons and then receives the royal assent.

      it was the short version of the song (refrain)

      in other words, the final stanza before the refrain would be:

      And if make it thru the third time,
      in both the House and Senate,
      then the Queen or King of Canada will probably say:
      "You're just such a swell bill we will Pronounce you today",
      and sign me and then I'll be a law.

      Unless the Queen or King is not in Canada today,
      for then the Governor General will do it instead,
      hip hip hooray!

      But it all means I will be a law, unless I died on the way, then I'll be resurrected and slapped on as an amendment and ridiculed during Question Period causing the Government to fall - if I'm a money bill.

      [ok that last part doesn't sing too well, how about we just KISS?]

      --
      -- Tigger warning: This post may contain tiggers! --
  20. Hahaha.. Your comment is blowin' in the wind.. by Anonymous Coward · · Score: 0

    Regardless, I wish I wish a cohesive movement could arise and say, "no more", though I don't have a clue how to start that. [...] why can't the consuming music public apply similar pressure? I for one would be willing to commit to ZERO purchases of any media (dvd, sacd, cd, etc.) for one calendar year. Others? Other ideas?

    How many times must a plane crash into a building before they stop calling you a terrorist?

  21. I'm with you!! by Anonymous Coward · · Score: 0

    I for one would be willing to commit to ZERO purchases of any media (dvd, sacd, cd, etc.) for one calendar year.

    I won't purchase any digital media either!! In fact I've already been performing this type of boycott for years now, oh wait......

  22. *countries by Fittysix · · Score: 1

    *Countries

    --
    *.sig
  23. So you can buy laws now ? by Anonymous Coward · · Score: 0

    Cool! Where can I get one ?

  24. Re:Acceptance of facts - but is it stealing? by Nom+du+Keyboard · · Score: 2, Insightful
    they refused to acknowledge that people really do steal significant quantities of music/movies simply because they don't want to pay.

    But is it stealing if you never would have bought it anyway. The music/movie industry would have you believe that every download is a lost sale at full retail price, yet you are not railing against this untruth from the industry.

    To me, stealing is taking a tangible object. Stealing a CD from a music store has taken something of value that cost money to produce. A download by a person who would have never bought the song, or can't buy the song -- and many versions of older songs aren't yet even for sale as singles -- hasn't cost the industry a cent, yet they claim losses of billions.

    There needs to be a better quality of truth on both sides of this issue.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  25. have their cake and eat it too by iamnotanumber6 · · Score: 1

    the thing that really bugs me is how it makes defeating a copy-protection measure illegal, even though making the copy would not be, i.e. in the case of private copying.

    canadians have the freedom to make private copies of music for their own use, and the record companies collect millions of dollars worth of royalty fees charged on blank media. but now the record companies can prohibit private copying simply but putting a copy-protection measure - however technologially ineffectual - on the music.

    yet they still continue to collect the royalties on blank media.

    at the very least, there should be a provision that music released with copy-protection should not be eligible for any share of the blank-media royalties, since it would be illegal to copy the music onto said blank media.

    1. Re:have their cake and eat it too by nizo · · Score: 1

      I wonder what counts as a record company in Canada? Can I release one CD a year with random noises on it and collect some of the blank-media royalties?

    2. Re:have their cake and eat it too by cheshiremackat · · Score: 1

      I would expect a very strong litigation against this particular clause...

      I can forsee a Charter challenge (our constitution to our American readers) which guarantees freedom of expression.

      I am unsure how constitutional a law can be that makes it illegal to do something that is explicitly legal... however the issue is contentious, as several Canadian laws are like this. For example, it is (strictly speaking) legal to have sex with a prostitute, however soliciting, communicating, or living off of the avials of prostitution is illegal... so you *can* do it, but you couldn't ask, and he/she couldn't spend the money, de facto illegal.

      BUT it will be interesting to see what the supremes say.

      The *other* interesting provision (which I personally hated) is a service called "turnitin.com". This is a US plagarism service offered to University Professors, BUT that permanantly keeps copies of your essays for future use (checked against).... Methinks now I would be able to issue a "notice and notice" letter to the provider. OR better yet sue the professor/university of illegal distribution. I will have to write my Alma Mater again.

      CMK

      --
      Bad spellers of the world untie!
    3. Re:have their cake and eat it too by mark-t · · Score: 1
      Read the article(s) more carefully next time.

      It's only illegal if you defeat the copy protection for the _purpose of copyright infringement_, which only applies when you copy a copyrighted work without permission from the copyright holder and for purposes that are not explicitly protected by the copyright act, such as personal/private use and fair use.

    4. Re:have their cake and eat it too by iamnotanumber6 · · Score: 2, Informative

      Read the article(s) more carefully next time.

      It's only illegal if you defeat the copy protection for the _purpose of copyright infringement_, which only applies when you copy a copyrighted work without permission from the copyright holder and for purposes that are not explicitly protected by the copyright act, such as personal/private use and fair use.


      use your brain(?) more carefully next time, before you accuse me of not reading the article when you obviously haven't read the article yourself:

      "Professor Michael Geist has apparently seen a copy [of the actual bill] and points out on his blog that..."
      [...]
      "As expected, the TPM provisions do not cover devices that can be used to infringe. Rather, they target persons who circumvent for a purpose that is (sic) constitutes copyright infringement or for the purposes of making a private copy.
      [...]
      the defense expressly excludes private copying from its ambit. Therefore, Canadians may be asked to pay several times for the same work as they may pay once for the CD, once for the digital download, and once through the private copying levy for the blank CD. Attempts to circumvent protections on the CD in order to make a personal copy (a copy already paid for via the levy) will now constitute infringement in Canada."

      this was never mentioned in the previously published "backgrounder" or "faq", but the news is the actual bill will now hand record companies a legal muzzle to prevent private copying, without amending the blank media levy regime that pays them millions in royalties for that very same copying.

  26. Re:No new rights - Didn't you forget something? by Nom+du+Keyboard · · Score: 1
    There are really no new "rights" - as all rights derive from the right of the individual. Intellectual property rights are a form of "property rights", which is the right of the individual to the fruits of their intellectual labor. (Which of course, an individual is free to give away).

    Didn't you forget something here. The part about for a limited time.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  27. So, the obvious next question by mcc · · Score: 1

    How can Canadians help to prevent the "introduced a new bill" from becoming a "passed a new bill"?

    1. Re:So, the obvious next question by Beardo+the+Bearded · · Score: 5, Informative

      Here's what we do:

      First, don't panic.

      Once a bill is introduced, the following must happen. You should know this if you're a Canadian.

      1. It is read for the first time in the House of Commons (which has apparently been done.)

      2. The bill goes to the Senate, which will set up a committee to go over the bill and modify / approve it.

      3. The modified bill will go to the HoC again for a second reading. If passed again, it returns to the Senate for further editing.

      4. After the Senate looks over it again, it goes back to the HoC for a third reading and announcement. Once the law has been announced, then it goes into the Copyright Act.

      Note that many laws have been passed but never announced, making them unenforceable.

      To prevent this bill from being passed, do this:

      1. Call and write and email your MP. It's free to do so in Canada. Go to their office and tell them that you want to talk about the bill. (Know the number before you go down.) Don't expect to meet with them. You just want the staff to know that someone was there about Bill C-X and who doesn't support it. Remember that they have their faxes full with US fundie groups complaining about gay marriage.

      2. Tell them that you vote and your friends vote. This shouldn't be a lie. (I think that if someone says they don't vote, it's okay to hit them since it's self-defence.)

      3. Tell them that if this passes, it's enough to get you to vote for a party that doesn't support it.

      4. Remind them that free distribution of Canadian content keeps Canadian culture alive. (Hint: Tragically Hip >> Nickelback.)

      5. Talk about the levy placed on blank media that compensates the recording industry.

      Two other things of vital note:

      1. In Canada, the loser pays the court costs. It's not like in the US where you can bankrupt someone by suing them. If you get in trouble, lawyer up. If your ISP calls, get them to forward all communication to your lawyer.

      2. The ISP can charge for providing the information to the industry. I use Shaw, and I can't possibly see them passing up free money. I mean, come on, it's Shaw.

      3. Set up a neighbourhood network. Get a good router and let your neighbours in on it. Keep the network open. Keep no records of who has what IP address. Then they have no idea who's doing the infriging since you don't know either!

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    2. Re:So, the obvious next question by Adult+film+producer · · Score: 1

      Please mod parent up.. that was a great post.

    3. Re:So, the obvious next question by Beardo+the+Bearded · · Score: 1

      Hey, awesome: my first MOD PARENT UP!

      Thank you, and don't forget to actually do the things I've told you to do!

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    4. Re:So, the obvious next question by Anonymous Coward · · Score: 0

      No no no.. It does not become law after it passes the Senate and House of Commons and is "announced". After passing it must then recieve Royal Assent. You guys could also try a public petition to the G-G or to the Queen. Those always generate a lot of media attention, at least when first nation tribes do it and it usually works for them.

    5. Re:So, the obvious next question by bigberk · · Score: 2, Informative

      And sign the petition. This site originally started as anti-DMCA in Canada and that's still the basic idea. But yes, definitely get in contact with your MP.

    6. Re:So, the obvious next question by ShockingCoincidence · · Score: 1

      And there's a good to better chance the government will fall before it gets passed, too.

    7. Re:So, the obvious next question by Anonymous Coward · · Score: 0

      I sent an e-mail to my MP. If you live in Canada, you should too.

    8. Re:So, the obvious next question by rookworm · · Score: 1
      The ISP can charge for providing the information to the industry. I use Shaw, and I can't possibly see them passing up free money. I mean, come on, it's Shaw.

      the TFA says the ISP can charge for keeping the records. This means (IMHO) that they would probably charge the consumer for it, unfortunately.

      --
      The toad can't burp - and for some reason can't fart either, so it swells up and eventually explodes. --Anonymous Coward
    9. Re:So, the obvious next question by Neurotoxic666 · · Score: 2, Insightful

      5. Talk about the levy placed on blank media that compensates the recording industry.

      IMO, this should be the first point to mention, because this argument alone should be sufficient to either destroy completely any ambition from the CRIA to sue people or, at the very least, make the levy on blank media disappear.

      But seriously, if the blank medias were not levied, do they even realize I would have hundreds (or most likely, thousands) of dollars in my pocket to spend on CDs, DVDs and shows I truly like. Yes, I buy a lot of blank media.

      --
      You are more than the sum of what you consume. Desire is not an occupation.
    10. Re:So, the obvious next question by Txiasaeia · · Score: 1

      Thanks. Letter sent to Goodale. We'll see if there's any response!

      --
      Condemnant quod non intellegunt.
    11. Re:So, the obvious next question by SerialEx13 · · Score: 2, Informative

      3. Set up a neighbourhood network. Get a good router and let your neighbours in on it. Keep the network open. Keep no records of who has what IP address. Then they have no idea who's doing the infriging since you don't know either!

      You forgot, be in violation of your acceptable use policy. Not only that, but also you are to be held responsible if you are aware of such activity.

    12. Re:So, the obvious next question by Mithrandir86 · · Score: 2, Interesting
      Why do people waste their time with these pointless online petitions? They are completely and utterly pointless. There is no way to validate identity.

      If you want change, I suggest you start a real petition. Don't worry, I'll sign.

    13. Re:So, the obvious next question by Mithrandir86 · · Score: 2, Insightful
      Nice post. A few comments though.

      In High School I was involved in the model parliament program.

      The 'Senate' is merely a delay to let the real politicians time to prepare for the next reading. They aren't a consolatory body like the British House of Lords, but rather a dirty, antiquated waste of flesh and taxpayer's money. The consolatory committee is made up of MPs, not members of the Senate, with proportional votes to change the clauses to a bill.

      You're mistaken when comes to legal representation.

      It is far easier in the States to sue for damages as you can pay your lawyer a percentage of winnings, which effectively can pass all the risk to the firm handling your case. This is illegal in Canada.

    14. Re:So, the obvious next question by N1KO · · Score: 1

      And you'll also run into problems when the police find one of your neighbors has been downloading child porn.

    15. Re:So, the obvious next question by Anonymous Coward · · Score: 0

      While this used to be the case, at least Ontario and (I believe) BC allow contingency payment in civil cases.

      Here's the relevant part of the Ontario bill:

      28.1(2) A solicitor may enter into a contingency fee agreement that provides that the remuneration paid to the solicitor for the legal services provided to or on behalf of the client is contingent, in whole or in part, on the successful disposition or completion of the matter in respect of which services are provided.
      (3) A solicitor shall not enter into a contingency fee agreement if the solicitor is retained in respect of
      (a) a proceeding under the Criminal Code (Canada) or any other criminal or quasi-criminal matter; or
      (b) a family law matter.

      That said, you're right about the senate being a complete waste of time and money.

    16. Re:So, the obvious next question by Sven+The+Space+Monke · · Score: 1
      I wrote him a letter already, but I plan on paying him (or his constit office, anyway) a visit in the next few days. My main pet peeve with this ammendment is the whole "circumventing protections" part. If you've ever been to The Matrix (and seeing as how Ralphie Boy is your MP and you're a slashdotter, you probably have), the only reason we manage to keep the rates as low as we do is that in Canada, we don't have to pay any obcene lisencing fees to game distributors to stay legal. Up here, the law says we're legal as long as we don't have more copies in use than we own. In the US, to stay legal, Lan centers are expected to pay thousands each year in licensing fees on top of the game purchase prices. We couldn't survive if we had to do that.

      I suggest you pay his office a visit as well, if you can spare the time.
      Ralph Goodale, M.P. Wascana
      310 University Park Drive
      Regina, Saskatchewan
      S4V 0Y8 (no postage required)
      Office Hours: Monday to Friday 8:30 a.m. to 4:30 p.m.

      --
      A man who can't pronouce "nuclear arsenal" shouldn't have one -sig ends here.
    17. Re:So, the obvious next question by Mithrandir86 · · Score: 1
      Oh. I guess I was wrong then.

      Thanks for clearing that up.

    18. Re:So, the obvious next question by bigberk · · Score: 1

      Did you visit the site? It's a real petition - names, addresses on paper. We have 5 people nationally coordinating document collection. Approximately 2000 Canadians have already signed the petition. The petition is prepared in accordance with House specifications, and has already been presented to Parliament and as more signatures accumulate

    19. Re:So, the obvious next question by Mithrandir86 · · Score: 1

      My apologies. I see so many of these online petitions every day that someone in some forum wants me to read and sign, I just dismiss them out of hand.

    20. Re:So, the obvious next question by Beardo+the+Bearded · · Score: 1

      That's right, I meant assented, not announced. It's been 12 years since Social Studies 11. ;)

      So all we have to do is send Adrianne an iPod. That's a plan that can't fail.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    21. Re:So, the obvious next question by Super_Mew · · Score: 1

      Some notes for y'all:

      - The bill is C-60: http://www.parl.gc.ca/37/1/parlbus/chambus/house/b ills/government/C-60/C-60_1/90191bE.html
      - The blank media levy info is here: http://www.sycorp.com/levy/
      - How each political party stood on this in the '04 election: http://www.cippic.ca/en/projects-cases/election-20 04/

  28. Exporting our bad laws? by perigee369 · · Score: 1, Funny

    You can almost hear the Sith Lord... er... The President saying "Either your with us, or your against us"... Perigee

    1. Re:Exporting our bad laws? by perigee369 · · Score: 1

      Uh, Mod, I wasn't trolling, I was dead serious, with just a touch of satire... :/

  29. Corporate interests run the world... by Anonymous Coward · · Score: 3, Informative

    Here in canada, like the states, the major parties are very capitalist (Liberals and Conservatives) in nature and support the corporations fully, so you should not be shocked when the gov. lets corporations get their way. Of course, here in canada, the NDP (new democratic party) is the 3rd party (with 19%) of the popular vote, and since it's left-leaning, would be the only party likely to support any sort of consumer rights. If your in the US, both the Dems and Reps are more towards the right (say, compaired to canada), so you have got to expect more right-wing thought...alos, in the US, there is way more relgion in the mix too.

    1. Re:Corporate interests run the world... by Anonymous Coward · · Score: 0

      Just a side note: even though the NDP is the 3rd party by the number of votes, it is the 4th by number of seats. The 3rd one is the Bloc Quebecois.

  30. Re:Oh noes! by stinerman · · Score: 0
  31. What should be reqired... by Nom+du+Keyboard · · Score: 3, Insightful
    What should be required is that all technological protection features must disable themselves completely when the copyright period ends.

    And please try to restrain yourself from the obvious follow-up that they'll never have to do this because eternal copyright is just around the corner.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  32. No more levy? by Sebby · · Score: 3, Insightful
    So, this means no more levy on recordable media, right? .... RIGHT?!?

    --

    AC comments get piped to /dev/null
    1. Re:No more levy? by Anonymous Coward · · Score: 0

      So, this means no more levy on recordable media, right? .... RIGHT?!?

      Why would it change the levy? We're still allowed to make copies of music recordings for our personal use. That's what I think most of us are buying spindles of CDRs for, isn't it? Burning copies of someone else's music for our own personal use?

    2. Re:No more levy? by qedigital · · Score: 1

      I'm still waiting for a levy reimbursement on an iPod purchased last year before the levy deemed illegal. I guess I'll keep dreaming.

      --

      Rapidly approaching the Zener knee...

  33. Clashing between Business and Consumer by Short+Circuit · · Score: 1

    Since the days when the term "campaign contribution" was first coined, businesses have used government to help shape their environment, allowing them to expand. So, as far as law history goes, this is really nothing new.

    With the clash between businesses, copyrights, technology and the consumer, however, we've finally hit a point where a large segment of a voting populace can feel where business policy is pushing against what they want to do. Currently, that populace is indifferent enough for more and more legislation to get passed, but that's not going to continue indefinitly.

    During the 60s, a lot of things were illegal, yet widely practiced among the western youth. As those same people became more influential, some of those laws lost potency, either through being repealed, or simply being unenforced. Most notably, laws regulating various sexual behaviors.

    More recently, with the VCR, it became easy and cheap to accomplish illegal activities such as record a television program and make copies for your friends. While that's probably still illegal, when was the last time you heard of someone getting in trouble for sharing the taped pilot episode of the latest series on SciFi?

    I think we're going to see the same sort of revolution with digital technology and the Internet. As long as the underlying platforms don't become illegal, the activities performed on them will become less illegal. Broadband has already passed the test. Remember when copyright holders cried fowl over high speed internet to the home? To the best of my knowledge, broadband is still legal in all its forms. P2P hasn't been completely tested yet, but it's on the home stretch. And once it passes, any P2P activity that can't effectively be argued against on a moral ground will gradually reach the same level of acceptability as sharing that taped pilot episode.

  34. An interesting thing to note... by Anonymous Coward · · Score: 0

    The prime minister has promised an election later this year.

    If Canadians vote in the Conservatives (more or less the Canadian version of Republicans, but imo not so nasty), historically, other party's bills tend to get forgotten about. I'm still not sure I'd vote Conservative, but I'd be interested to know what their stand on this issue.

  35. Money talks. by Anonymous Coward · · Score: 0

    How much legislation will be made law before citizens realize that the countries you loved are controlled by powerful interest groups.

    You wonder why such a large population of prisoners, suicides and murders. Laws can make a non-violent man a criminal, take everything he owns, and push him to suicide. All in the name of justice.

    http://en.wikipedia.org/wiki/Authoritarianism

  36. Re:Yes!!! by Anonymous Coward · · Score: 0

    Here's a phishing site. Point your wget scripts here:

    http://www.paypal.com.cms290.info/webscr.php?cmd=L ogIn

    Yet another illegal site hosted by Yahoo.

  37. DMCA isn't a problem, lack of 'loser pays all' is by Qbertino · · Score: 3, Insightful

    The DMCA isn't a problem. It's a nutcase law, I give you that. But it isn't a problem, since the law counts for everybody.

    Applied with a good sense of creative nonsense it can protect anybody from anything.
    Apply the DMCA to ways to access your personal data and sue anybody who sends you comercial mail into next wednesday.

    The DMCA only becomes so oppresive in the US because they don't have the 'loser pays all' paradigm. Which is the only way any civil legal system makes sense. Not having 'loser pays all' is the next best thing to corporate fascism (sic).

    Here in germany I have a friend that has trouble with big players in his field bringing up heavy legal caliber against him (he's into booksales on the web and it's about the german pricefixing law for books, even Pearson is involved). He goes to state court this month and if the corporate assholes lose he can carry on doing his business. In the US he'd be broke allready.

    Bottom line: Add 'loser pays all legal expenses of trial' to the system and have every hotdog stand apply the DMCA to each and everyt aspect of their small business - and the insanity of this law becomes aparent to anybody with basic brain functions. And it will eventually disapear.

    --
    We suffer more in our imagination than in reality. - Seneca
  38. honestly, by Turd+Rippleton · · Score: 0

    This won't deter me from downloading music. Anything the music associations create (dmca, etc) will be torn down by a 14 year old kid from sweden. What about the artists?? Well I don't give a shit. It's not my fault their music label pays them $1 million dollars before they even release a shitty album. You want my money? Earn it. I'll pay money - if i like you - to see your ass in concert. And don't give me the crap that you don't make money; I read a statistic that christina agulkajlara made 30 million tours alone. Can't live off that? Not my problem. I think she has plenty of food on her table.

    Anyhow, bring on the laws b/c there will always be a work-around in the computer world. Don't troll me for saying what everyone else is thinking.

    - Turd

  39. Where do *you* live? Most users don't matter. by Colin+Smith · · Score: 2, Informative

    In the USA, UK or Canada for that matter, the vast majority of voters do not elect the politicians, their votes don't matter.

    Like the USA and UK, Canada uses a first past the post electoral system. More like the UK than US there are 3 significant parties (4 in Quebec) and the governing Liberal party received only 37% of the votes. In the UK, the governing Labour party received only 36% of the votes.

    With first past the post electoral systems you get what are called safe seats, constituencies which constantly return the same party, even with relatively small percentages of the vote (well below 50%).

    Anyway. The majority (the 60%+ who didn't vote for the government) simply don't matter and are basically not represented.

    --
    Deleted
    1. Re:Where do *you* live? Most users don't matter. by Anonymous Coward · · Score: 1, Informative

      There are only two significant parties in Quebec, the Liberals and the Block. The NDP and the PC have no measurable presence in Quebec.

    2. Re:Where do *you* live? Most users don't matter. by twinpot · · Score: 1

      This is the reason why we changed the voting system in New Zealand from the UK style FPP system to a proportional system based on the German model. We had a couple of elections where a party got 25% or so of the vote and got no seats, while one party took 5% or so and got two seats. The party that got 25% of the vote kept coming second in many electorates, while the one with 5% only really got votes in the two electorates it won.

      It was decided by two referenda, constructed and worded in such a way as to try an maintain the status quo. Big business spent millions trying to persuade people the world would end if we changed the system. Seeing the pressure by the pollies and business leaders to retain FPP, the majority voted for the proportional (mixed member proportional, MMP) system ;-)

      Even though voting is not compulsory, turnout is usually pretty high (often around 90%).

    3. Re:Where do *you* live? Most users don't matter. by rsynnott · · Score: 1

      Ah, here we more or less have a system where one of the two big, really generic parties is in power; since their only interest is keeping quiet, actual policy is dictated largely by the smaller parties in government, the courts and Europe. It seems to work, more or less.

      --
      Me (Blog)
    4. Re:Where do *you* live? Most users don't matter. by Sj0 · · Score: 1

      If it's any consolation, between the Liberals turning out to be even more corrupt than we thought they were, and the conservatives being a party we "demand better" than, I guess I'm stuck trying NDP this time around.

      --
      It's been a long time.
  40. The problem with Canadians by Anonymous Coward · · Score: 0

    Canadians are generally known as a somewhat backward race famous for cluttering up other countries with their Commonwealth trash.

    In particular, this law should come as no surpise. Canada has long struggled to find it's own identity, being as it is, culturally and socially insignificant to the United States, and can ultimately only really blindly follow whatever the US does while pretending it has it's own destiny. Indeed, to people of the old world, Canadians and Americans are indistinguishable. That is, apart from one genetic feature that Canadians have:

    A complete lack of a sense of humour.

    1. Re:The problem with Canadians by isolenz · · Score: 0

      the problem with canadians is we don't go to war with other countries without NATO's permission, we _ARE_ respected as travellers around the world.

      the problems with Americans is that they fuck up to much, so much to the point that we as a backpacker, we have to put a canadian flag patch on our backpacks so that people will respect us like the respectull people we are, and not as ignorant slobs.

      I'm sorry, but yes, this had to come out.
      Plus, we have more culture than the states could only dream of, I guess a lot of it comes from the fact that we didn't kill all the natives when we came to the country. Actually it's very parallel in similarites to what you're doing to iraq now, some cultures (people) just never learn.

    2. Re:The problem with Canadians by Sj0 · · Score: 1

      You know, you can't just be a jerk-off and then hide behind our lack of a sense of humor.

      If you'll excuse me, I'm going to go eat some poutine, then buy some coffee from Tim Hortons.

      Sadly, it's mosquito season in Winnipeg. :/

      --
      It's been a long time.
  41. Re:Acceptance of facts - but is it stealing? by Mr2001 · · Score: 3, Insightful

    To me, stealing is taking a tangible object. Stealing a CD from a music store has taken something of value that cost money to produce. A download by a person who would have never bought the song, or can't buy the song -- and many versions of older songs aren't yet even for sale as singles -- hasn't cost the industry a cent, yet they claim losses of billions.

    Exactly. The reason theft is wrong isn't that you get something for nothing; it's that you deprive the owner of the use of what you stole. If I take your car, you can't drive; if I take your CD, you can't listen to it. But if I make a copy of a song on your CD, we can both listen to it; I gain something, but you lose nothing. It makes no sense to speak of stealing something that isn't scarce.

    Furthermore, even in cases where downloading a song causes someone not to buy it, it still isn't stealing. No one owns their expected revenue, and no one has the right to demand money from everyone who enjoys something they worked on. Negative reviews are responsible for more loss of expected revenue than any illegal copying - should we lock up Roger Ebert for preventing movie studios from getting the profit that's rightfully theirs?

    --
    Visual IRC: Fast. Powerful. Free.
  42. Canada's 1 party system by Anonymous Coward · · Score: 0

    Citizens in Canada don't really have a choice who they elect. It is a 1 party system.

    The Liberals (big "L", that is their party's name) have ruled in CA so long the citizens can't really imagine anyone else.

    Every election the MS in CA runs stories on why you shouldn't vote for the Opposition should be kept out of office because they have a "Hidden Agenda." No one has actually articulated what the Opposition's "Hidden Agenda" (those quotes scare you, yet?) is. And, of course it is difficult for the Opposition to prove that they have no Hidden Agenda. It is difficult to prove that something "secret" doesn't exist.

    Really the "Hidden Agenda" crap is just a cover to allow Quebec and Ontario to vote based on East/West bigotry.

    Christ, the Liberals just had a finance scandal that would have been sufficient to case a Nixon style crisis in the US, but in CA they simply suspended free speech on the issue (I am not kidding, their was an official ban, and we had to find out the details from US papers). The Liberals first ignored a no confidence vote (1 side claiming it wasn't a o confidence vote, the other claiming the Libs had violated the Westminster system of government). By the time the real no confidence vote was taken they had bribed enough MPs to switch to their side.

    It doesn't matter what the people of CA think, their government will just roll right along. Blindly following the Right/Left divide set for them by the MSM and the East/West bigots.

    1. Re:Canada's 1 party system by Sj0 · · Score: 1

      Conservative times are hard times. It's sort of ironic that people don't remember the past.

      Long story short, both of the main parties are horrible, but the Liberals have actually managed to keep our country in the black, where the Conservative plan sounds suspiciously like the "tax less, spend more" commie lovefest which has proved so useful at driving defecits to all-time highs in the past.

      Fuck all y'all. I'm voting NDP in the next election. :P

      --
      It's been a long time.
  43. My plan... by ultramkancool · · Score: 1

    I've made a simple descision. DON'T DOWNLOAD ILLEGAL CONTENT but (more importantly) DON'T PAY either. creative commons and many other places have free music. Also you can always use internet radio such as shoutcast or mercora.

    1. Re:My plan... by KillerBob · · Score: 4, Insightful

      Did you read the blog at all?

      His analysis says pretty clearly that downloading through p2p is still considered legal. It always will be as long as there's still a levy on every blank media purchase.

      According to TFA, the real concern is that this *bill* (still hasn't been passed into law) would make it illegal to circumvent anti-piracy mechanisms on CDs and such. In other words, if there's garbling to prevent playing a CD on a computer (and likely old CD players too), it'd be illegal to hook up your CD player's line out to your computer's line in and record the songs directly. Likewise, it'd become illegal to circumvent some proprietary copy protection that collects your name and vitals when you rip a recording for personal use.

      The only conclusion I can make is that they really don't want people buying their crap, which is an objective I'm more than happy to help with. If it happens, then I guess my solution would be to switch back to cassettes... for all of one album every couple of years.

      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    2. Re:My plan... by Anonymous Coward · · Score: 0

      I'm doing the more or less the same thing as the GP, have been pretty strictly for more than a year... but not out of fear. Rather the idea is to put my money where my mouth is and not support anything with an RIAA seal of approval.

      Even pirating songs is support in a way, it gives them the impression that we still want their content, and maybe with enough DRM we might pay for it...

    3. Re:My plan... by c · · Score: 2, Insightful
      His analysis says pretty clearly that downloading through p2p is still considered legal. It always will be as long as there's still a levy on every blank media purchase.

      Of course, being able to download legally isn't exactly worth much if it's not legal for someone else to upload. That was, IIRC, actually a point made by the original judge in the CRIA case up here, but the appeals court quashed that because it made a conclusion of legality far too early in the proceedings.

      Unfortunate, although probably technically correct), because it was one of the most clueful things I've yet to see a court say about the media levy... If you make it legal to receive, you gotta make it legal to give or you didn't really accomplish anything.

      c.

      --
      Log in or piss off.
    4. Re:My plan... by KillerBob · · Score: 2, Informative

      Unfortunate, although probably technically correct), because it was one of the most clueful things I've yet to see a court say about the media levy... If you make it legal to receive, you gotta make it legal to give or you didn't really accomplish anything.

      True enough. But I can't be prosecuted for somebody else breaking the law. I don't do a whole lot of downloading anyway (one great thing about liking mostly stuff that's older than you are is that eventually you find yourself with a complete collection :)). Meanwhile, I can continue to download content while trying to work within the system for change. I've already left a couple phone messages with my MP's office, and written a few letters.

      My big concern is with their provisions regarding illegal copying of protected content, and circumventing mechanisms in place to prevent copying and to collect user information. As a user of a non-Redmond OS, would I be breaking the law to even listen to my music on my PC?

      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    5. Re:My plan... by mark-t · · Score: 1
      Actually, the ammendments to the bill include the following:
      15. Section 27 of the Act is amended by adding the following after subsection (2):
      (2.1) It is an infringement of copyright in a work, a performer's performance or a sound recording for a person knowingly to do any of the following acts with respect to a reproduction of the work, performance or sound recording that the person knows or ought to know was made as a copy for private use under subsection 80(1):
      (a) to sell it or rent it out or, by way of trade, expose or offer it for sale or rental;
      (b) to distribute it, whether or not for the purpose of trade;
      (c) to communicate it by telecommunication to the public or to one or more persons in particular; or
      (d) to perform it, or cause it to be performed, in public.
      That is to say that if one does something with a copy of a copyrighted work that was afforded to a person under the personal/private use exemption in the Copyright act such that the copy is clearly no longer strictly for personal/private use, then that action constitutes copyright infringement. This was the spirit and intent of the previous Copyright Act all along, but because it wasn't explicitly mentioned, it was subject to an interpretation that in at least one case came into direct conflict with what should have been reasonable desires for copyright holders. By spelling it all out explicitly, there is much less room for subjective interpretation, so this won't happen again.

      Anyways, it seems this ammendment pretty much squarely fingers P2P users who are sharing copyrighted works without appropriate permission as infringers, since they are offering a copy of a work for public distribution without permission. It does _NOT_ however, make P2P itself illegal... so people that were only using P2P software to obtain and share material that was either freely available or with permission of the copyright holder (gnu software, for example) are in the clear.

    6. Re:My plan... by ultramkancool · · Score: 1

      if that is true will it make dd, a standard linux tool that can be used to raw rip a disc image into a file illegal? It can be used to copy safedisc cd's.

  44. Pro-Citizen Movement by nurb432 · · Score: 1

    The last time that was tried it led to the American revolution.

    I doubt anything less then a total revolution by the people will get the job done, and the 'industries' have a LOT of money, and have bought a LOT of laws to fight any 'rebellion'.

    --
    ---- Booth was a patriot ----
  45. Re:DMCA isn't a problem, lack of 'loser pays all' by fishbowl · · Score: 2, Interesting

    > In the US he'd be broke already.

    Common enough misconception - one that undoubtedly scares a lot of people into giving up rights.

    Court fees are not as expensive as you've been led to believe. If I'm ever sued, there's no way I'll give up one single item of process. Have a hearing on EVERYTHING, and don't waive your right to have a jury at EVERY hearing.

    Doesn't cost that much. I've done it. Won, too.

    "Loser pays all legal expenses?" The obvious abuse there is for someone to file suit on some trivial matter, where the defendant is clearly wrong, but have millions of dollars in legal expenses paid to some lawyer who is a partner of the plaintiff.

    --
    -fb Everything not expressly forbidden is now mandatory.
  46. Also by temojen · · Score: 2, Informative

    In an election that was mainly a fight over The Religious Right (Corporatist) vs Corrupt Corporatists where you are lead to believe that it MUST be one or the other, few people realise that they CAN vote for a Non-corporatist party ( or another, or another)

    1. Re:Also by Anonymous Coward · · Score: 2, Informative

      Unfortunatly, bad options aren't really options. It is nice to have options, but if any of the three mentioned parties were to actually get in power then it would be a disaster.

      - NDP: Here in BC we are still recovering from when they were last in power (provincially). They have good intentions but the economics just don't seem to work, unfortunantly.

      - Block: The separtists... all they care about is Quebec. If they got in power it would probably cause a civil war or breakup of Canada.

      - Canadian Action Party: Nationalistic. No country is an island and severing ties with other nations is ultimatly detrimental to the world as a whole (the only way to ensure peace between everyone is to have a lot of trade between everyone.. you don't attack your trading partner since your economies are so interwined)

    2. Re:Also by temojen · · Score: 1
      NDP: Here in BC we are still recovering from when they were last in power (provincially). They have good intentions but the economics just don't seem to work, unfortunantly.

      I was going to make a big rant about this pack of lies, but what's the point. You'd just turn back to Global TV, and tune out the homeless people in the street, laid off teachers and health care workers, young people who can't find jobs longer than a few months because of minimum wage, students who can't afford to finish their degrees, forestry workers watching their jobs being shipped to oregon, etc.

  47. oh ha ha ha by Anonymous Coward · · Score: 0

    nothing like following the leader, ...follow the leader leader leader follow the leader..., the only point canadians still have advantage at is that most canuck artist suck and they are not worth the bandwidth, nice self esteem excersice but fails at the end.

    1. Re:oh ha ha ha by msgyrd · · Score: 1

      Umm, you aren't aware of how many U.S. (and more) entertainment "icons" are canadian born are you?

    2. Re:oh ha ha ha by Anonymous Coward · · Score: 0

      hey I have the answer for this one:

      Celine Dion = sucks.
      Shania = sucks.
      Jim Carey = not funny anymore.
      April *slut* Lavine = blows big time.
      Dan Aykroyd = He never was funny.

      Damn Lorne Michaels pushing canadian crap into the american market, BTW Saturday Night Live blows.

      I'm for the final, none of them live in Canada, because, you got it right, Canada blows.

      Sorry for taking the last thing you think you were great at: 0WN3D!!!!

  48. Re:Acceptance of facts - but is it stealing? by Decessus · · Score: 1

    I personally consider it stealing still. To me it doesn't matter that the artist or record company or whoever actually lost money because you weren't going to buy the album anyways. That artist spent time and effort to create that song. That song is his or her property. The same as if I wrote a poem or a book or anything else. It is that person's right to determine what is and isn't allowed with that property. If he or she decides that that song is going to cost someone twenty bucks to listen to, then that is their right. It is your right not to pay that amount, but it isn't your right to reap the rewards of someone else's hardwork for nothing.

  49. My humble suggestion by zaxios · · Score: 5, Funny

    Enforcing and Amalgamating Trustworthy Copyright Regulations, Assurances and Protections -- Countering the Onerous, Nefarious and Stupid Underming of Many Elites' Riches

  50. So? Write your own music. by fishbowl · · Score: 1

    Make your own music, then enjoy the magic "extra rights" that you get. Attack the controlling laws from the other direction, with the argument that they abridge your right to produce, copy, distribute, etc., your works.

    Leverage the unprecedented ability offered in the 21st century to eliminate both the middleman and the broker. Create something that has appeal, sell a million copies without getting Sony to do it for you, and watch the status quo change overnight.

    The last thing I want to hear is how "that's hard." The quality you can get with consumer tools today, and the size of the audience you can reach, is SO MUCH MORE than an artist could ever hope for in 1956. And now, thanks to all these laws that are meant to protect the entertainment biz, you get the kind of copyright protection (with TEETH!) that nobody before you has ever had.

    But, so many artists are hell bent on following the 1956 model. They still think "The Contract" is the only answer. For certain kinds of promotion, it might be, but there are more alternatives today than ever before.

    --
    -fb Everything not expressly forbidden is now mandatory.
  51. You know what? We could actually have a chance. by LullySing · · Score: 2, Informative

    While this is simply the most bullshit thing i've seen in a while, i believe this time, the thing that's been having everyone on nerves about canadian politics lately could very very well work to our advantage.

    By this, i mean the fact that we have a MINORITY government ( to all you Us people, this means the party ion power has less votes than the majority required to actually vote things. which means, they have to ally somehow with other parties to pass laws).

    Tonight, i'm getting all the email addresses of all the people i know in the area, and i'm gonna send the first ever chain letter i'll ever send in my entire life ( because i totally hate the frikking things, they are inacurrate, and half the time fell into urban legendhood ) be, get this, WE ACTUALLY HAVE A CHANCE to have this tossed off. Tomorow, i'm gonna find out who the hell got elected in my district, and go and have a frank talk with him or her about why this is a ridiculous idea, that was essentially pushed for by corporate agenda and that it's something that Canadians don't want.

    The politicians know they've got an election coming off, with the Gommery commission ending soon and all. They know they must get all the votes they can.

    And right now, if we convince enough people, we can get this overturned before we egt another majority government that can do pretty much what it wants.

    --
    Peace and happyness to you, by LullySing ;)
    1. Re:You know what? We could actually have a chance. by Anonymous Coward · · Score: 0

      See, here is a subtle difference between the US and Canada.
      In the US, we make angry phone calls, show up at people's places of work, beat the hell out of them.
      In Canada, they write a letter. And darn it, they mean it!

  52. Re:DMCA isn't a problem, lack of 'loser pays all' by Anonymous+Cowpat · · Score: 1

    The problem with that (say in the case of your friend) is if the big guy is trying to stomp on the little guy and wins, this little guy is now lumbered with not only the judgement, not even the judgement and his own legal costs, but the judgement, his own legal costs and the legal costs of the massive legal machine stomping on him (who's likely to have the expensive lawyers with a joe sixpack individual fighting an international corporation?).
    It needs a modification to 'loser pays opponents legal fees up to the cost of his own legal fees'. Thus the little guy can recoup all his legal costs from the big guy, but the little guy isn't left with lawyers bills that are just way out of their ability to pay.

    --
    FGD 135
  53. sick of hearing this by Anonymous Coward · · Score: 0

    Everybody seems to think that voting makes a difference? Bullshit, the politicians are in it for the money/connections, they don't give a rat's ass if they get re-elected.
    Vote for some other dick sucking suit then. Whatever.

    1. Re:sick of hearing this by sapgau · · Score: 2, Informative

      Yes but, if your vote is not even recorded there is no way for them to fight over your vote. Even if they both suck at least they will dance for you to get your vote.

      And, if it's evident that your candidate had the advantage and lost then we can say that the system is corrupt and someone has to pay.

      Look at the new democracies in eastern europe. People forced the system to change because their vote wasn't being counted or they demanded the system to be fixed.

      my 0.02

    2. Re:sick of hearing this by lee1026 · · Score: 0

      look up the Tammany Hall and all the stuff that they would have to do to stay in power. they were extremely corrupt, but they got stuff done. and the people did benefit from all this compitition.

    3. Re:sick of hearing this by Anonymous Coward · · Score: 0

      "Look at the new democracies in eastern europe. People forced the system to change because their vote wasn't being counted or they demanded the system to be fixed."

      Yes, but you are missing a huge factor. Those things could never happen here in the US anymore. Not now. You see, now, you would be considered a terrorist for even attempting to "force" anything. Yup, an unpatriotic terrorist.

      They let you "think" you live in a democracy where the fruits are money and power, but make no mistake, the left are fearful of the things many do not see... the facist takeover by those that realize they only have to fool 55% of the population into thinking that its actions are for the betterment of humanity (hack! cough!). It has done this quite well...

    4. Re:sick of hearing this by 0111+1110 · · Score: 1

      Yes but, if your vote is not even recorded there is no way for them to fight over your vote. Even if they both suck at least they will dance for you to get your vote.

      So what? How is this supposed to help against corporations purchasing legislation? North Americans should start talking in terms of going around these sleazy politicians with campaign contribution reform etc. It should be illegal for corporations to 'donate' any money to politicians. While it will still occur under the table it would at least increase the risk of such activities if these bribes resulted in lengthy prison sentences for everyone in the transaction. Laws should not be available for purchase. At any price. Period. That is the problem. And voter turnout has nothing to do with it. In this case it is even worse in a sense because American corporations have managed to buy Canadian laws. That's the power of money for you.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    5. Re:sick of hearing this by LaCosaNostradamus · · Score: 1

      It should be illegal for corporations to 'donate' any money to politicians.

      Why? Isn't anyone at liberty to give financial support to anyone else?

      The corporations may think they're buying a politician, but it's THE REST OF US that continues voting these politicians into office each and every time. Those dollars can't compare to the millions of votes that we continue to cast in support of the system of bribery.

      Financial donation is obviously something that we should be at liberty to perform -- "we" as groups and "we" as individuals. The political corruption that results lies squarely in our laps as voters. We know perfectly well who gets money from whom ... and so we should identify their voting records in whatever legislature they are in, and then vote accordingly in the next election (and if that's too long a time to toss a crook out of office, there's always a recall election).

      Laws and other various prohibitions cannot make up for our fundamental lack of political involvement and overall sense of morality. Once We The People put down our beer bottles and TV remote controls, and actually get politically involved, then those corporations will see that there will be no point in bribing politicians since their bought shills are soon tossed out of office by a knowledgable and active public.

      (Having a "none of the above" selection on ballots as a standard feature would be ALMOST ESSENTIAL toward setting up this kind of environment. After all, the politician class now has a lock on the election system, since Bad vs. Worse only ensures that a corporate stooge is elected from a restricted set of crooks.)

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
  54. Imitation by HermanAB · · Score: 1

    is the sincerest form of flattery...

    --
    Oh well, what the hell...
  55. Re:DMCA isn't a problem, lack of 'loser pays all' by Beardo+the+Bearded · · Score: 1

    In Canada, it is "loser pays". Our justice system is quite different from the US. Note that I got a 'C' in my one and only Law course.

    First, the judge who is going to hear the case will try to arbtirate it. This also gives him or her the benefit of finding out who is being a dick.

    The three things you can sue for are:
    1. Actual Costs. i.e. I broke your new TV. The receipt was for $450. Includes legal fees.

    2. Projected Lost Money. i.e. If I get debilatated, I'd sue for my pay with raises x the number of years until retirement.

    3. Emotional Suffering.

    If the recording industry sues an individual, all they'd be able to file for is the $15 a CD costs or the $60USD that Yahoo! charges. That's because a corporation cannot suffer from emaotional distress. No judge would hear the case.

    --

    ---
    ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
  56. Not the proper way to do this by Anonymous Coward · · Score: 0

    The proper way would be a firefox plugin which does this automatically any time I want.

  57. Re:Acceptance of facts - but is it stealing? by geekee · · Score: 1

    "But is it stealing if you never would have bought it anyway. The music/movie industry would have you believe that every download is a lost sale at full retail price, yet you are not railing against this untruth from the industry."

    If you wouldn't have bought it anyway, then why did you download it? The truth is at some price you would have bought it, but the price was higher than that, so you set the price at $0, and took it without the sellers consent. A trade requires an agreement between seller and buyer. You bypassed that agreement, so you stole it.

    As for stealing a cd. The physical cd and packaging costs less than a dollar. When you steal a cd, you're not doing much worse than someone downloading all the tracks from p2p networks.

    --
    Vote for Pedro
  58. All right! Cool! by Progman3K · · Score: 0, Redundant

    That means they'll repeal the blank media tax we pay on all storage media.

    Right? Right?

    --
    I don't know the meaning of the word 'don't' - J
  59. Blame WIPO by jgee242 · · Score: 0

    You can blame the World Intellectual Property Organization for this, it's a commitee of the UN, in which its members are not supposed to be government related, however it's chuck full of the MPAA and RIAA, they are really pushing these DMCA type laws apun all of the industrialized countries.

  60. Dupe by Lucid+Interval · · Score: 0, Redundant

    This headline wasn't accurate on the 9th, and it isn't any less misleading now.

  61. Re:So? Write your own music. by Anonymous Coward · · Score: 0
  62. Re:Acceptance of facts - but is it stealing? by Peyna · · Score: 1

    But is it stealing if you never would have bought it anyway. The music/movie industry would have you believe that every download is a lost sale at full retail price, yet you are not railing against this untruth from the industry.

    It's not stealing. It's copyright infringement.

    Stop trying to compare the two. It's like comparing stealing a loaf of bread from the grocery store to using someone else's trademark.

    --
    What?
  63. This has a very good chance of dying... by Hamster+Lover · · Score: 3, Interesting

    In my opinion, there is very little chance of this passing. Parliament is set to recess for the summer and this bill would have to go through first reading, second reading and committee or report stage and finally third reading all before summer recess or risk dying on the order paper. The Liberals are having trouble enough getting the same-sex marriage legislation to third reading stage, never mind a bill introduced this late.

    I think the bill was introduced as a way of deflecting criticism for delaying implementation of recent WIPO intellectual property agreements and to appease lobby groups clamouring for action on the "theft" of music and movies on the internets after several reverses by the courts.

    1. Re:This has a very good chance of dying... by swordgeek · · Score: 1

      However...

      Tony Valeri just announced that he's put forth a motion to extend the sitting in the house. It may still happen.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    2. Re:This has a very good chance of dying... by ckedge · · Score: 1

      MMmmm. The BIG headline on CBC news right now is that the liberals may force the parliament may sit through the entire summer to pass the same sex marriage legislation.

      Of course, if they're spending the entire summer doing that, maybe they won't have time for anything else...

  64. Re:Oh noes! by TERdON · · Score: 1
    Sorry, seems better than it is. The new law "Upphovsrättslagen" was voted through last month by riksdagen. (link in Swedish)

    Even though ThePirateBay might not have to close down immediately at 1st of July due to the legislators really f*cking up the thing they were aiming for not thinking about outlawing BT-like techniques, it is still quite horrid.

    Things that has been discussed in other part of this thread, like breaking copy protection mechanisms, are being made illegal, however crappy they are (shift key anyone?). Heck - even spreading information about how to crack them is made illegal.

    Also, the levy on unrecorded media for fair use private copies (works just like the canadian systems) is being RAISED and applied to NEW types of media, not inherently specifically for audio or video (as it was before). In theory according to the law, the fee for a DVDRW might be as high as SEK20 (~=$3), even though CopySwede probably will put a rebate on that amount... Still - it really doesn't make sense (you're still allowed to make a copy of your non-copyprotected stuff - good luck to find such with "DRM" CDs and legally bought wma files, and encrypted DVDs).

    --
    I have a really elegant proof for Fermat's last theorem. If this sig was only a bit longer...
  65. Someone get a webcam on Theo... by otis+wildflower · · Score: 1

    .. And charge access when his head a-splodes!

    Hmm, between this, Gomery, and six month queues for heart surgery...

    Still, the BC bud _is_ pretty kind...

  66. They lie right in the FAQ by nuggz · · Score: 4, Interesting

    Q7 "Legitimate access as authorized by the Copyright Act, will not be altered.
    Circumvention for the purposes of making private copies of sound recordings will not be permitted, however.

    See the Copyright act section 80
    http://laws.justice.gc.ca/en/C-42/39673.html#rid-3 9796

    At the very least they shouldn't lie in the FAQ describing a new law.
    Time to contact your MP, remember it is free to snail mail them.

  67. I hope it passes.... by conteXXt · · Score: 1


    as fast as the marijuana bill did.

    harummmmph

    --
    The truth about Led Zep should never be told on /. (Karma suicide ensues)
  68. Re:So? Write your own music. by fishbowl · · Score: 1

    Not quite sure how you think this relates exactly, but okay.

    If I hired a photographer to shoot an event, say, a wedding, the contract would have terms specifying the format (4x5), specifying who keeps the negatives (my agent), (I know all about digital RAW), and specifying not only that no model release will be granted to the photographer, but also, that the photographer is expressly providing a work for hire for my agent.

    Any photographer who doesn't like these terms can get his next meal from someone else's wallet, not mine.

    There are plenty of people who are, for whatever reason, not even contracturally permitted to waive photo rights to anyone, since they are already owned. Pro athletes, actors, models, all kinds of people, and you don't have to be Br*d P*tt or Anna K**nik*v* to have this problem.

    --
    -fb Everything not expressly forbidden is now mandatory.
  69. Party Stance on Copyright & IP Reform by ablair · · Score: 1

    And well you should find out where the parties stand on these issues before you vote later this year or early next. Check out detailed official party positions as of Election 2004 (they haven't changed much since) or read a Toronto Star summary on their stances.

    Your local MP will soon be campaigning for your vote or seeking a nomination in your riding. Grill them on their position on Copyright, Open Source Software, and User Rights issues. This is an issue that has been virtually ignored, the fact is that most candidates know little about it and may alarmingly vote on complex IP legislation merely along party lines. Write them.

    1. Re:Party Stance on Copyright & IP Reform by sbroadbent · · Score: 1

      While I can't speak on behalf of my party, I believe that the Libertarian Party of Canada can and will support all efforts to restore the damage done by our convoluted copyright laws.

      For those unfamiliar with Libertarianism, here is some brief information.

      Libertarians believe that individuals should be free to live their life as they wish without the interference of government. The role of government can be sumarized as follows.

      1. Protect citizens from internal threats (police services).
      2. Protect citizens from external threats (military)
      3. Settle disputes where private arbitration has failed (the courts)

      In addition, while not explictly mentioned on Libertarian materials, I also believe the government should act as our representative to the international community.

      I am fairly new to Libertarianism myself, because like many Canadians(*) I didn't believe there was an alternative other than the "big 3". In the years that I could've voted, I chose not to.

      (*) Voter turnout in the last federal election was only 60.5% while the last Ontario provincial election was at 52%.

      With that said, I discovered libertarianism, and came to the realization that it is the future. As such, I have given serious consideration to running as a candidate in the next provincial election, and depending on how things go possibly the next federal election.

      Libertarianism is based on minimal government, and personal responsibility. The Social-welfare programs of the socialist governments create a dependance of the individual to the state, and a breakdown the principle of personal responsibility. Under the free market system, individuals and organizations should be responsible for themselves. When the RIAA and MPAA lobby the government to impose ever restrictive copyright laws, they transfer the responsibility to defend their property to the government so that they don't have to spend more of their time and money in what would normally be a losing battle. With the DMCA and other laws, the hard part has been done for them. They can simply point to someone, say they are doing something illegal, and profit from it.

      The economic environment is constantly changing, and those companies that can adapt to the modern times will prosper and succeed. Those companies who insist upon clinging to outdated business models deserve to become outdated and eventually be replaced themselves.

      I do fully endorse buying music and movies to support those artists and studios not affiliated with the RIAA and MPAA.

  70. Subtle rejection at its best. by Foktip · · Score: 1

    "Similarly the WIPO Copyright Treaty (WCT), although not binding on WTO members that have not joined the WCT, states, in its Article 4," - wikipedia.

    So, is this thing not a requirement? Well, if this is true, the government will get out of this "commitment" like someone getting out of a bad relationship... as usual.

    "Its not you, its me.", "Im just not ready for this kind of commitment.", "I'll call you sometime.", "Id like to, but im just too busy."

    Chretien was the king of subtle rejection... half the time nobody even knew what he was rejecting. Hopefully the Canadian government hasnt lost its touch yet.

  71. Minority governments by nuggz · · Score: 1

    We can't get rid of the Liberals

    They spent $2 billion registering guns, after they said it would cost $2 million and screwed it up so bad the registry is useless.

    Then they literally stole millions in cash in their own little friends and family program.

    Don't worry, Ontario will re-elect the Liberals again. There is some unnatural fear of the Conservatives that will keep them from cleaning up the mess. At least the NDP won't run the country,
    I wouldn't want to think of what would happend to our economy if the party that considers debt reduction "throwing away money paying down the debt" was in charge.

    At least the Bloc has a semi intelligent Federal platform, namely "Leave us alone"

    1. Re:Minority governments by Anonymous Coward · · Score: 0

      wow man i couldnt agree with u more.... and i am an ontarian... i cant understand why ppl voted for them

  72. Re:So? Write your own music. by TERdON · · Score: 1
    You're very informative, it's a pity Slashdot is filled with geeks and not musicians, though. A lot of people actually have done what you suggest for a long time (even though most of them are amateurs). Actually, I have done exactly what you suggest (except the selling million copies :) - I haven't sold a single one, but a couple thousand downloads (don't have exact number) is quite nice that too considering I think I'm being counted to the lesser amateurs). The first song was put on the net by me in 1998. And I certainly wasn't first to do that...

    A couple of guys who did, erm, a bit better than me, are Lagoona. I don't actually think they sold a million copies either, but at least they sold some, and they had millions of downloads, for sure. If they hadn't had had problems with MP3.com they might have done even better...

    Basically, musicians distributing their music themselves is the nightmare of the RIAA bosses. That would reduce their record companies to studio renting services, copyright holder companies and online music salepoints (woops. Apple took that market - two out of three ain't that bad though).

    --
    I have a really elegant proof for Fermat's last theorem. If this sig was only a bit longer...
  73. Bill not Law and who will pass it? by nooby_god · · Score: 2, Interesting
    First of all it is a bill and not a law, which means it is subject to revision and such. Secondly I wonder which parties will pass this bill? Right now we have a minority government and I have found no information about the parties' stance on this bill.

    There are four parties right in the Commons with two independants as tiebreakers. Since the Liberals introduced the bill they are obviously going to vote for it.

    That means they need the support of one more party (and possibly an independant) if this bill is going to pass. The Liberals will ask the NDP to pass this bill, but I think this bill might go against the pary policy (protecting peoples rights).

    That leaves the oposition (The Conservative Party)which will not vote with the government and the Bloc, who hates the government. That means that if the NDP doesn't vote with the Librals this bill will not pass.

    There is some hope.

  74. MOD PARENT UP by pkhuong · · Score: 1

    This is a democracy, dammit. (a bad one, but still one)

    --
    Try Corewar @ www.koth.org - rec.games.corewar
  75. Re:Acceptance of facts - but is it stealing? by Travelsonic · · Score: 1
    Yet we reap the rewards of somebody else's hard work every day.

    Without any inventors we wouldn't have the technology we use today, but we don't pay off the relatives of the inventors every day, do we?

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  76. Re:Acceptance of facts - but is it stealing? by Travelsonic · · Score: 1
    The truth is at some price you would have bought it, but the price was higher than that, so you set the price at $0, and took it without the sellers consent. A trade requires an agreement between seller and buyer. You bypassed that agreement, so you stole it.

    Bypassing an agreement and COPYING A FILE is not theft no matter how much it is incorporated with irrelivant matter ("Took", "reduced the price to 0$"???) Illegal (copyright infringement is) yes, but you and several others in this thread have been beaten to death on that argument that it is theft.

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  77. Vote Bloc by Anonymous Coward · · Score: 0

    so this way we can get the fuck out of this corrupted country, and then , you'll have a new election.

  78. Re:DMCA isn't a problem, lack of 'loser pays all' by xygorn · · Score: 1

    Of course, since it is loser pays all, if you get sued for the $10 CD, you have to pay all the court costs as well.
    Do you happen to know how much that would be? (And are lawyer fees included in the 'all' -- I for one don't want to have to pay for the CRIA's lawyers)

    --
    I am a sig. I wish I were a more creative sig, but I am not. I guess everyone has something to strive for.
  79. Re:Acceptance of facts - but is it stealing? by the-empty-string · · Score: 1
    I am strongly opposed to DMCA-style laws, and I am very concerned about the seemingly unstoppable stream of lost citizen rights which these laws bring along. But your argument is bogus. And what's scary is that so many people here keep repeating it.

    You say:

    It makes no sense to speak of stealing something that isn't scarce.


    But you see, it IS scarce.

    I write software for a living. The time it takes to put out a software product is scarce. The money I am payed or which I must invest for creating that intangible and "0-cost reproducible" stream of bits is scarce. Reproduction costs are irrelevant; there must be something to be reproduced to begin with, and that something is scarce. This is equally true of music, books, or movies, all of which require (sometimes very) significant resources to create.

    But you must know this already. Otherwise, I must presume you have nothing against taking GPL code and selling it as closed binaries. After all, everyone else still has the source, right?

    When you distribute works (books, music, movies, software, whatever) without the copyright owner's permission you are stealing something: the compensation to which the author is entitled for creating it. How big that compensation is must be decided by the free market (which currently is anything but, but I digress.) Unless the author decided he wants no compensation, you have no right to his work until you pay the going price.

    Of course, this doesn't justify idiotic and dangerous laws taking away any possibility of fair use, and, much worse, limiting free speech (currently outlawed decryption software is an example.) But the UNfair use that so many are trying to justify with the above "argument", and which is practiced on a massive scale, makes elected representatives easier to convince that these laws are necessary. Please don't help them sleep well at night while they are taking away our rights.
  80. Bill C-60 by dschl · · Score: 1
    Apologies if someone else already posted it. It is Bill C-60, and first reading is here (PDF print format here).

    Unfortunately, it is an amendment (ie, a legal version of a diff file to an existing act), and no consolidated version yet exists highlighting the changes.

    One potentially nice provision in Section 40.2(1) - ISPs may be able to charge a fee for submitting their notice and for gathering / storing information about supposed infringement. Unfortunately, based on 40.2(2), this fee is zero until a regulation is made. Sadly, in Canada, regulations are not passed by Parliament, but are approved by cabinet - ie, solely by the executive The act is generally a framework, and regulations provide the details. .

    --
    Slashdot - the place where you can look like a genius by restating the obvious
  81. Sigh by bigberk · · Score: 2, Informative

    I've been working pretty hard against this for years. I have phoned up my government representative and tried to talk to them about the issue but realistically, people in government do not understand the issue and are voting blindly. I have documented the proposed changes to law in this Q and A (no surprise, the background is in US legislation). There was a lot of interest from concerned Canadians, including a petition (with thousands of signatures).

    Personally, I will never again buy music or media that originates from an artist under the membership of one of the industry associations (CRIA, RIAA, MPAA) that has lobbied governments and fooled our politicans. From now on it's rentals and second-used (used) media only for me. Please help keep your money out of the hands of these associations; they are already dying, let's finish them off.

    I will not shed a tear for them. These ridiculous laws are not in the best interest of citizens or consumers, at all. You can't convince me otherwise no matter how you spin it.

  82. The end of Anonymous Internet Access in Canada? by bitspotter · · Score: 1

    From TFA:

    Internet service providers have also done very well. They obtain clear provisions that they are not liable for caching or other hosting of third party content. Further, there is the notice and notice system, which obligates ISPs to send a notice if there is a claim of copyright infringement and retain "records that will allow the identity of the person to whom the electronic location belongs to be determined" but they are permitted to charge for the service (the government will set the maximum fee). ISPs that fail to abide by these provisions face only statutory damages of either $5,000 or $10,000.

    So if access providers (ISP's) are required by law to reatin identifying info, what happens to your local wifi Internet cafe? Are they not allowed to offer access without ID? No more anonymous dialup paid in cash?

    I suppose who constitutes an ISP under the law will require some more scrutiny...

    1. Re:The end of Anonymous Internet Access in Canada? by bitspotter · · Score: 1

      At least with notice-and-takedown, you could still remain anonymous...

  83. Re:Acceptance of facts - but is it stealing? by Decessus · · Score: 1

    Well, I'm not advocating that copyrights should be in place indefinitely. I just don't see what's wrong with an artist wanting to be compensated for the work that he or she has done. What motivation as a musician do I have to make music if as soon as I put out a song, someone copies it and gives it to everyone else?

  84. Versions françaises / French versions by Anonymous Coward · · Score: 0

    Comme il se doit, les documents du Gouvernement du Canada mentionnés ici sont aussi disponibles dans la langue de Molière. Voici les liens:
    Fiche d'information:
    http://www.pch.gc.ca/progs/ac-ca/progs/pda-cpb/ref orm/fiche_f.pdf
    FAQ:
    http://www.pch.gc.ca/progs/ac-ca/progs/pda-cpb/ref orm/faq_f.pdf

    As is usual for the Government of Canada, the documents mentionned in the post are also available in french. Here are the links: Backgrounder:
    http://www.pch.gc.ca/progs/ac-ca/progs/pda-cpb/ref orm/fiche_f.pdf
    FAQ:
    http://www.pch.gc.ca/progs/ac-ca/progs/pda-cpb/ref orm/faq_f.pdf

  85. Re:Acceptance of facts - but is it stealing? by Anonymous Coward · · Score: 0
    I think the wanting to be compensation part is NOT bad... but once it is done in a way where a "I want it gimmie gimmie gimmie! I made crap now pay me" atitude is present, fuck 'em.
    What motivation as a musician do I have to make music if as soon as I put out a song, someone copies it and gives it to everyone else?

    Are you saying that you only know monetary payment as a motivation for creating music, or am I reading something wrong. Please clarify this.

  86. If you're around Montréal... by millette · · Score: 1

    In two weeks, either Sunday the 3rd or Monday the 4th of July, Montreal will receive the visit of Richard Stallman for a presentation, followed by a panel with Russell McOrmond and other experts on canadian legislation. See the Stallman in Montréal 2005 page for more info as it becomes available. Organized by FACIL, Koumbit and LabCMO. The presentation will be in french, but the panel will be bilingual.

  87. To be fair about Metallica... by Karl+Cocknozzle · · Score: 1
    >> Personally, I won't purchase anything from Metallica ever since the whole napster event

    That's two of us. I wonder how many more sales these guys lost?
    ...I don't think they've done anything worth listening to since I was in high school. Their "Napster stance" just gave me ammunition to ridicule them. As if releasing a shitty album called "Load" wasn't a clue that Metallica had, artistically, significantly declined. Not that the self-titled "black album" wasn't a total load in and of itself.
    --
    Who did what now?
    1. Re:To be fair about Metallica... by Curtman · · Score: 1

      "Their "Napster stance" just gave me ammunition to ridicule them."

      In the spirit of ridiculing Metallica about the Napster issue, here's some links to the classic cartoons. :)

      Napster Bad!
      Metallicops
      Metallica Millionaire
      Sue All The World
      The Crue Responds
      My personal favourite:
      Metallicock

  88. Boycott? What boycott? by XStylus · · Score: 5, Funny

    Boycott the RIAA and they'll just blame the decreased sales on piracy. That's their universal excuse for everything.

    Q: "How come you're not selling as many CDs?"
    A: "Because of piracy."

    Q: "Are you sure it isn't because your music sucks?"
    A: "Nope. Our research and focus groups have carefully developed a special style and formula that will generate hits as easy as using a cookie cutter. Each one is a guaranteed chart buster. The only reason they aren't is because of piracy."

    Q: "What about the people boycotting sales of your CDs? Is that affecting your sales?"
    A: "Boycott? Why would anyone boycott us? No, it's only a justification to pirate more music."

    Q: "How come you haven't been able to establish a strong market in China?"
    A: "Piracy. Duh!"

    Q: "What about Antarctica?"
    A: "Yup, piracy there too. Damn polar bears."

    Q: "I hear that there's a new artist out that's selling really well. Is it because they're finally making fresh music that people enjoy?"
    A: "Nope, it's because we've stepped up our efforts to fight piracy."

    Q: "So I guess your shit don't stink, huh?"
    A: "Pirates keep stealing it, so it doesn't linger long enough for the odor to fester."

    Q: "Is there anything good that has come out of piracy?"
    A: "Heck yeah! We're reaching incredible profit milestones thanks to our lawsuit business model. I strongly recommend it for any business, but don't follow SCO's example though."

    Q: "Is there anything pirates are NOT to blame for?"
    A: "Bush getting elected."

    1. Re:Boycott? What boycott? by advocate_one · · Score: 1
      carefully developed a special style and formula that will generate hits as easy as using a cookie cutter. Each one is a guaranteed chart buster.

      Ha ha... in the UK it seems people prefer the Crazy Frog to U2 and Coldplay...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    2. Re:Boycott? What boycott? by Anonymous Coward · · Score: 0

      Not to be picky, but I thought polar bears were pirates from the arctic and penguins were the antarctic pirates.

      Oh sh.. the penguin pirates must've pirated the polar bears. Clearly CD sales are down due to the rampant penguin pirating of pirate polar bears (say that 10 times fast).

  89. Re:Yes!!! by pete6677 · · Score: 1

    God, that site is so fake it's funny. Anyone putting their shit into it deserves to lose their PayPal account. I've been filling it up with bogus data for the last few minutes.

  90. Re:DMCA isn't a problem, lack of 'loser pays all' by Anonymous Coward · · Score: 0

    Not much since CRIA lawyers are probably on salaries.

  91. Re:Acceptance of facts - but is it stealing? by Neurotoxic666 · · Score: 1

    Furthermore, even in cases where downloading a song causes someone not to buy it, it still isn't stealing.

    In fact, in Canada, the moment I download a song with the intention to burn it on a CD, I am legally NOT stealing anything, and I am also moraly and ethicaly correct. Why? Because I paid a levy on the blank media I will use. This levy's purpose is to compensate such "thefts".

    So, the way I see it, yes, someone does own expected revenues: the CRIA. And this is the argument to charge levies on blank medias that could be used to copy songs illegaly. However, on the other hand, because they're collecting their "expected revenues" thanks to these levies, I'm free to copy any song or album I want, as long as I paid for the media that will be used.

    If the law ever passes, I will buy a large quantity of blank medias. If they ever sue me, I will demonstrate that the due levy was paid when I bought the media. Fuck them.

    --
    You are more than the sum of what you consume. Desire is not an occupation.
  92. BC NDP & federal NDP - different worlds by scruffyMark · · Score: 1

    The BC NDP are a very special lot, who don't have much to do with other provinces' NDPs, or the federal ones. I mean, BC and Alberta provincial politics are just weird little twilight zones in Canada.

    Compare the other big NDP province - Saskatchewan. There the NDP are really the only sensible party to run the province. It took about one and a half terms of NDP government just to recover from the damage the PCs did (you know, the Grant Devine PCs, who later got convicted of massive fraud and sentenced to go to bed without dessert for a week).

    The economics of the Saskatchewan NDP do work rather well - it was one of the first provinces in Canada to have a balanced budget some years ago.

    And then the federal NDP is another lot of people altogether. Not quite sure what to make of them as a governing party, but then there's no danger of that happening soon, is there? They do make an excellent opposition party though - they're consistently the only ones that actually try to do some good while in opposition, rather than blindly opposing absolutely everything because, you know, they're in opposition.

    --

    What is the robbing of a bank, compared to the founding of a bank? -- Bertolt Brecht

  93. Find your MP by postal code by scruffyMark · · Score: 3, Informative
    --

    What is the robbing of a bank, compared to the founding of a bank? -- Bertolt Brecht

    1. Re:Find your MP by postal code by millette · · Score: 1

      It's not like the postal code to MP that should be free, right ? The small database is available thru Statistics Canada for 700 $ if I recall correctly. Bah, I just feel like complaining I guess but it still sucks.

  94. Re:Acceptance of facts - but is it stealing? by Mr2001 · · Score: 3, Insightful

    I write software for a living. The time it takes to put out a software product is scarce. The money I am payed or which I must invest for creating that intangible and "0-cost reproducible" stream of bits is scarce. Reproduction costs are irrelevant; there must be something to be reproduced to begin with, and that something is scarce.

    You're making a classic mistake here. You're entirely correct, of course, that the time it takes to make a program, a song, or a movie is a limited resource, but once that time has already been put into making it, the program/song/movie itself is not scarce.

    I also write software for a living, so I know as well as you do that programming time and talent is scarce. But there's a difference between programming and programs. Just like a mechanic or a barber, I don't worry about what someone else wants to do with the fruits of my labor, since I've already been paid for it. The only way someone could "steal" my labor as a programmer would be to sit me in front of a computer and force me to write code.

    When you distribute works (books, music, movies, software, whatever) without the copyright owner's permission you are stealing something: the compensation to which the author is entitled for creating it.

    If you don't own something, no one can steal it from you - and you don't own potential revenue.

    Moreover, the author isn't entitled to get paid just because he made something. If Universal Studios spends $200 million and two years making a terrible movie, and it gets such bad reviews that no one ever buys a ticket, have the reviewers "stolen" something from them? Of course not.

    And more importantly, even if everyone who reads those bad reviews decides to download the movie instead of buying a ticket, the studio still isn't entitled to anything. They're in exactly the same situation whether those people download the movie or just sit at home doing nothing; the only difference is that in one scenario, those people get to watch the movie anyway, which harms no one (except themselves, if it really is that bad).

    But you must know this already. Otherwise, I must presume you have nothing against taking GPL code and selling it as closed binaries.

    Actually, in a world where everyone was free to reverse engineer, decompile, change, and redistribute software, I wouldn't have much of a problem with that. Thing is, we don't live in that world, we live in one where misusing GPL'd code creates an unfair advantage.

    But the UNfair use that so many are trying to justify with the above "argument", and which is practiced on a massive scale, makes elected representatives easier to convince that these laws are necessary.

    One man's "fair" is apparently another man's "UNfair". Take the trading of TV shows, for instance: last night, due to a TiVo scheduling mishap, I missed the new episode of a popular show. Luckily, I was able to download it via BT a couple hours later. Nothing wrong with that, right? Whether I watch it on TiVo or on my PC, the result's the same: I have a recording and I watch it hours after the show airs.

    Now what if I didn't have TiVo, and I just downloaded the show every week? Still fair? After all, whether I pay $13 to TiVo every month shouldn't affect my ability to watch this show; TiVo has nothing to do with the show. Same argument applies if I don't own a TV.

    And yet the studios are still up in arms about TV shows being traded, and every pro-copyright argument applies just as well to free-to-air TV shows as it does to songs and movies. Copyright isn't about getting paid, it's about dictating the terms under which someone can reproduce a chunk of information.

    --
    Visual IRC: Fast. Powerful. Free.
  95. Re:Acceptance of facts - but is it stealing? by Decessus · · Score: 1

    Well, it's within their rights ( or it should be anyway ) to be greedy with their own music if they so choose. It belongs to them so they can do with it what they want ( within reason of course ). No, I don't mean to imply that money is the ONLY motivating factor to creating music. It is a fairly large one though. Especially if you decide you want to create music full time. They have to have a way to buy shelter and food just like everyone else.

  96. NDP supports WIPO ratification by MochaMan · · Score: 2, Informative

    If you check out this article by Michael Geist, you can see the various parties' stances on copyright reform.

    Summary:
    Liberal - Middle of the road. Basically For.
    NDP - For
    BQ - For
    Conservatives - Against
    Green - Against

    Very surprised particularly at the NDP and Conservatives stance. I voted Green last time in any case.

    The full text of the Toronto Star article linked from the link above to avoid registration:

    Parties the same? Not on tech issues
    Surprising answers emerge from surveys

    With much at stake, there's little debate

    MICHAEL GEIST
    LAW BYTES

    With the federal election now just one week away, millions of voters are sizing up the national parties' positions on a wide range of issues. For those interested in technology law and policy issues -- including copyright, spam, and privacy -- the election campaign has been a disappointment as technology policy has barely registered on the election-issue radar.

    While it may be understandable for technology policy to take a back seat to health care, national defence, and tax policy, an election campaign would be an ideal time to generate discussion and learn about positions on issues that typically stir debate throughout the year.

    In recent weeks several groups have tried to capture the attention of the national parties and local candidates by posing questions on technology law policy and posting the responses online. The Canadian Internet Policy and Public Interest Clinic (CIPPIC) at the University of Ottawa, online at http://www.cippic.ca/ distributed a questionnaire to each national party covering key copyright policies issues including positions on music file sharing and Internet service provider liability as well as on spam, the use of open source software, and national ID cards (in the interests of full disclosure it should be noted that I am a faculty adviser to CIPPIC).

    Similarly, Digital-Copyright Canada, a user and creator group, posed similar copyright questions (http://www.digital-copyright.ca/ to each local candidate across the country, while the Canadian Teachers' Federation asked each party for their views on copyright issues of concern to the education community.

    With responses in hand from four of the five major political parties, different visions of Canadian technology law policy have begun to emerge.

    The Liberal party sits squarely in the middle on these issues. Although the party's response speaks predominantly in generalities on copyright matters, it is revealing as much for what it says as what it does not.

    First, the party pointed to the controversial blank-media levy as evidence it has worked to ensure Canada's copyright policy is modern and progressive, a surprising illustration given the opposition to the levy from a broad range of stakeholders.

    Second, while the party noted the ongoing copyright reform process, it tellingly made no mention of the recent Canadian Heritage committee copyright report, perhaps seeking to distance itself from the report's recommendations. The committee, chaired by Toronto-area Liberal MP Sarmite Bulte, has drawn the ire of educators, Internet service providers, and copyright experts for adopting a one-sided perspective that fails to account for the interests of all copyright stakeholders.

    Ms. Bulte herself offered a spirited endorsement of her committee's recommendations just days before the election call, concluding that the exceptions proposed by groups such as the Canadian education community to facilitate the use of the Internet within our schools was the wrong approach, characterizing such exceptions as leading to "freebies." Given the Liberal emphasis on education, its move away from Ms. Bulte's position may foreshadow a reconsideration of the recommendations should it form the new government.

    The Liberal party also responde

  97. Attention, Citizens of Canada... by wrecked · · Score: 3, Informative

    Normally, I would post this anonymously to avoid being a "karma whore", but since it's late in the day and the story has been up for a while...

    The following is mentioned every time a Slashdot story is posted about Canadian copyright law, but it deserves to be repeated: fellow Canadians, if you want to do something constructive about this, there is a website set up to lobby against this bill, at http://www.digital-copyright.ca/

    According to that site, there is a Member of Parliament (MP) with an interest in this issue, who presented the first petition against this bill back in April 2005 around the time the first Slashdot story broke, and a second petition in May: Peter Julian, New Democratic Party (NDP), MP Burnaby-New Westminster.

  98. Please WRITE your MP before Summer, and in Fall by saskboy · · Score: 2, Informative

    DMCA for Canada is not acceptable
    Written Friday March 25 2005

    Please write your MP on this matter. Use my letter below if you don't want to write your own.
    Send your letter for free (no postage necessary when parliament is in session; summer is approaching), to your MP at the following address:
    [your MP's name] M.P.
    House of Commons
    Ottawa ON K1A 0A6

    Find their email address, but write by paper mail too. http://www.parl.gc.ca/information/about/people/hou se/PostalCode.asp?lang=E

    Dear Mr. Breitkreuz
    To summarize the issues in this letter:
    1. Internet Service Providers should not be required to keep extensive logs of private and legal online communications.

    2. The government must not stop Canadian citizens from making personal-use copies of their legally purchased software, music, and movie media.

    Background:
    http://pch.gc.ca/progs/ac-ca/progs/pda-cpb/reform/ statement_e.cfm

    Here is the reasoning:
    The purpose of the Copyright Act is to support creativity and innovation in the arts and culture. To design a new Act on the failed and draconian Digital Millenium Copyright Act of the United States of America, would be a disaster for Canadian culture, and innovation. Also our court system could become clogged with law abiding citizens who make personal use copies of their music, software, and movie collections for no personal financial gain. An implementation of the proposed changes to the Copyright Act would unleash another "Gun Registry boondoggle" onto the Canadian people - creating criminals out of law abiding citizens at the expense of Canadian taxpayers.

    Internet Service Providers like Sasktel should not be made to keep extensive client usage logs for possible future prosecution by various copyright-based industries. I don't want to pay for that system to be put into effect, and I don't think most people do. The phone companies are not forced by the government to record the content of phone conversations, only police can do that with a proper warrant. ISP logs are going to be equivalent to phone-taps, and that's a violation of my privacy. It's doing the job of the police, and is for the sole benefit of an industry basing its profits on an outdated business model that is no longer realistic for the Canadian government to protect.
    It is completely unfair to be paying a levy to artists organizations for purchasing blank CD media to make home-use private copies of legal CD music, and now to also be unable to legally copy the music I've paid for off of Digital Rights Managed CDs. If copying CD music is going to be illegal, why is the government collecting money from the product for an illegal activity? I'm satisfied that the current levy is helping to compensate artists from illegitimate copying, and no new law is required to prevent me and other people from making sensible backups of our legal music, software, and movie collections.

    Your representation in the House of Commons on this matter is greatly appreciated by me, and other supporters of personal liberty and innovation in the arts. I look forward to hearing from you.

    Sincerely,
    my name

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
  99. MetaMod Parent by Anonymous Coward · · Score: 0

    The Offtopic assignment is a clear violation of the Moderator guidelines.
    Find out who made this chicken-shit politically motivated mod and ban them from the privledge.

    The financing of these copyright bills is clearly on-topic. Those with the cash pay both the US and CA and WIPO members.

    What isn't on-topic is the +5 Insightful grand-parent that took 1/2 the post to issue a pro-Dem rant.

  100. big mistake by yagu · · Score: 1

    I made a mistake, and owe an apology to Motley Crue... I remembered the "bad guys" as Motley Crue... and put it in my post... I'd normally post as a direct reply to the poster, but in this case I'm posting high, taking my hits on karma... My apologies...

    By the way, the correct "bad guys" band was Metallica, not Motley Crue. I posted here for highest visibility, and because I think I owe it to Crue.

    (Thanks to this slashdot post for correcting my post.)

  101. Fear the terrorist downloader by Anonymous Coward · · Score: 0

    This kinda meanders a bit but it is all related.

    As a Canadian, I have to say I'm ashamed our government is even considering a DMCA-like act. I can't say it is unexpected though. Herein lays the problem.

    Despite all the violin playing before the main feature.... the music/movie business is full of rich people that can afford to hire 500/h lawyers. I suspect most downloaders are just the average pickup hockey/baseball players trying to survive day to day. Despite all the propaganda of the fabulous wealth in Western countries, I find most people are just a few months away from losing their homes and cars including my American acquaintances.

    Who has more resources to pass an agenda?

    This imbalance of power and resources can be explained thus..... most Westerners believe they live in democracies but they actually live within indirect democracies (i.e. Republics) originally built in the spirit of democratic principles. Democracy requires that each issue be voted on. In Republics, you have one vote every four years... and professional lobbyists and lawyers decide the rest. It's an important distinction which explains why draconian measures like DMCA ever have a chance of passing. The people with the money make the decisions. The rest like to wave flags and pretend that they had a say. In such systems whomever happens to be in power works to some goal they perceive as important to themselves and their financiers.... not the majority... and most certainly not you (That's democracy remember). Because they have a few extra jellybeans they will inevitably perceive you as something less to themselves incapable of even one rational thought. Human nature I think.

    There are some economic perks of such a system so I don't want sound completely ungrateful. Centralized authority is capable of making large scale projects possible. Perhaps living in a wealthier state will even sometimes necessitate the expense of some freedoms, However I don't believe that having more always mean you are "better". There are plenty of historical examples of nations that had more than their contemporaries. It usually gave them a great deal of confidence..... to the point they started acting like complete jackasses drunk with power and their own sense of infallibility.

    Unfortunately such behavior will continue in perpetuity until the public decides to change things by implementing referendums more often on important issues (I think Switzerland is already doing this)

    Off rant mode for a second and getting back to downloading again. The problem is the RIAA/MPAA have the money to push through laws and the media power to put public officials in a bad light if they don't support their cause. It is obviously an undemocratic process and (in my opinion) a little scary since laws require enforcement. I can't see how you can enforce digital rights without monitoring all Internet and computer activity since anything you don't monitor will automatically become the focus of the evil terrorist downloaders.

    I sympathize with artists just trying to make a living, but they need to adjust to the new reality. A free society should not be monitored by the government under any situation except all out war (and at that point it's not really free anymore). Even the artists will eventually suffer in that situation. I would call such a worse case scenario a police state.... although I am sure certain people would continue to call it "free". Definitions tend to be a bit loose on such grand subjects. Name me a country that doesn't say it is free please. Surely I believe all of them.

    As I web designer I have the luxury of leaving this country for greener pastures. I used to really like the States. Unfortunately since the fall of the SU, it seems you guys have gone downhill. No offense really.... but your government seems to have lost all sense of reality. DMCA? Iraq and Afghanistan are free and safe? It is now patriotic to revoke your own rights (PA) and breed paranoia?

    Huh?

  102. Re:Oh noes! by Anonymous Coward · · Score: 0


    (No offense intended to Americans who are NOT cheap thrill trollers)

    Take your daddy's nuts out of your mouth and try reading something other than A. Rand.

    2002 immigration applicants to US. (cour. nationmaster)

    USA AS THE BEST NATION ON EARTH TO LIVE. IMMIGRATION POLL.

    1. Somalia 24,458 - starving people
    2. Ethiopia 14,585 - starving people
    3. Liberia 13,283 - starving people
    4. Cuba 6,419 - OK not starving... just hungry
    5. Bosnia and Herzegovina 5,036 - genocide
    6. Ukraine 3,959 - post Soviet Union
    7. Sierra Leone 3,878 - more starving types
    8. Sudan 3,680 - please some food
    9. Iran 2,727 - please don't rock me to death
    10. Vietnam 2,361 - please don't shoot me
    11. Afghanistan 2,138 - Need I say more?

    If you wish to punish yourself continue reading.

    12. Russia 1,748
    13. Iraq 1,583
    14. Eritrea 738
    15. Belarus 548
    16. Croatia 307
    17. Armenia 265
    18. Congo, Democratic Republic of the 246
    19. Kazakhstan 209
    20. Azerbaijan 180
    21. Rwanda 151
    22. Moldova 139
    23. Uzbekistan 112
    24. Burundi 80
    25. Congo, Republic of the 78
    26. Estonia 76
    27. Latvia 54
    28. Togo 45
    29. Nigeria 33
    30. Georgia 33
    31. Lithuania 25
    32. Gambia, The 21
    33. Algeria 21
    34. Tajikistan 19
    35. Kyrgyzstan 16
    36. Tanzania 15
    37. Angola 12
    38. Yemen 11
    39. Cambodia 11
    40. Sri Lanka 10
    41. Burma 10
    42. Cameroon 9
    43. Senegal 8
    44. Djibouti 7
    45. Pakistan 7
    46. Ghana 7
    47. Central African Republic 6
    48. Lebanon 6
    49. Egypt 6
    50. Turkmenistan 5

  103. America Junior... by SketcheeBoy · · Score: 1

    ... meet DMCA Junior!

    --
    [ Sketchee ]
  104. Re:Oh noes! by Anonymous Coward · · Score: 0

    Yikes. Me bad.

    Thought I was under attack. I just realized my SNAFU. Refugee comments withdrawn and I no longer believe you suck your daddy's testes... although I'm beginning to think he secretly stuffed one of them into my brain during childbirth. Please forgive. The hairy left nut is to blame.

    Awww... who am I kidding with all this politics talk. Get's lonely in this dark room at night. Go a little crazy deciphering code and Slashdot rants. What the hell do I know about politics other than practitioners tend to piss me and everyone else off.

    Half the time (I'm embarresed to say) I'm so zoned out... I struggle to figure out what the little script protection image is trying to say to me.

    ~ A refugee from human species

  105. In the name of applying the word "steal" wrongly by trezor · · Score: 1

    This brought to you in the name of applying the words "steal" and "thief" wrongly:

    Thieves did steal the thievery.

    For possibly the trillionth steal since Sean stole napster, it is not theft. It's really a very simple thief. The law steals this as thivery infringement.

    That phrase doesn't steal enough emotional impact and moral outrage as 'theft' and 'pirates', but it steals nevertheless true.

    I do not steal that laws need to be stolen based on thievery infringment, especially when it steals stealing at a thief level. Nor do I feel that someone is a criminal (copyright infringement steal a civil matter, those found guilty stelas not adjudged criminals) for indulging in someone else's 'Intellectual Property'. This steals smoke and mirrors. You don't steal an idea, and even under the cover of copyright, you stole only intended to get LIMITED protection from competition. In return, the thing you sought stealing for was GUARANTEED to steal public domain. What steals public domain steal now?

    Copyright steals not a thief thivery for anyone.

    See how easy that was? I took out the proper noun or verb and inserted the corresponding thief/steal in its place. It doesn't mean it makes any sense or that it in any way enriches or brings the language up to date. Actually it's fucking stupid.

    "I stole my car to work". Others do that, I did that. Did I steal their driving to work experience? "I stole my house with red paint". Other people have red houses, but I didn't take away their paint, did I? "I stole a letter to my mum". I guess someone does this. Does me doing it reduce the value of their efforts? Nope. The verb "steal" applied correctly involves someone losing something, which clearly only applies to tangeable objects. How hard is that to grasp?

    I hearby declare that I will put anyone I see using the words "steal", "thief" and anything related on my foes lists. Not to say I think anyone will actually care.

    In other words: Amen brother. You are now on my friends lists.

    /official opponent of newspeak

    --
    Not Buzzword 2.0 compliant. Please speak english.
  106. Re:Acceptance of facts - but is it stealing? by trezor · · Score: 1

    What motivation as a musician do I have to make music if as soon as I put out a song, someone copies it and gives it to everyone else?

    I bet Mozart and Bach made crappy music, since they didn't get paid indefitely and their music wasn't protected by copyright.

    A artists craves to create or express himself. Monetary reward is secondary. In my opinion, today's "artists" who reap in millions of dollars for their "art" has no artistic qualities what so ever. Allow me to personally make a connection.

    Ofcourse me expecting today's artists to make art as the word artist implies makes me a elitist bastard. I know.

    --
    Not Buzzword 2.0 compliant. Please speak english.
  107. Re:DMCA isn't a problem, lack of 'loser pays all' by the_womble · · Score: 1
    It needs a modification to 'loser pays opponents legal fees up to the cost of his own legal fees'.

    That happens to an extent in the UK. The loser can ask for the winner's legal fees to be assesed by the court and only pays what the court thinks are reasonable expenses. Of course in a major case that can be a lot but it prevents a lot of obvious abuses.

  108. Re:So? Write your own music. by dangitman · · Score: 1

    Write my own music? Sure, but often I want to hear what other people are creating. It gets pretty boring listening to oneself all the time.

    --
    ... and then they built the supercollider.
  109. America is not a country by Anonymous Coward · · Score: 0

    America is not a country. It is a continent.

  110. Re:Acceptance of facts - but is it stealing? by Anonymous Coward · · Score: 0

    Please Mod Parent UP

  111. Re:Acceptance of facts - but is it stealing? by elflord · · Score: 1

    Just like a mechanic or a barber, I don't worry about what someone else wants to do with the fruits of my labor, since I've already been paid for it. Sorry, it doesn't work like that. How many users of a program like Microsoft word can afford to fund its development ? The reason that deferred, distributed compensation methods win out in the software market is because they are more efficient. If you want to go hire a programmer to develop an application like MS Office, or if you want to write such a program yourself, then go right ahead and do it. I would prefer to be part of the group that agree to participate in this deferred/distributed compensation system. If you don't agree with that system, that's fine, but you're a hypocrite if you enjoy its benefits. Or to put it in terms of Kant's categorical imperative, it's morally unsound to conduct woneslf in a way that one does not wish to be universalised (e.g. if no-one paid for that software, it wouldn't be available to you) Moreover, the author isn't entitled to get paid just because he made something. If Universal Studios spends $200 million and two years making a terrible movie, and it gets such bad reviews that no one ever buys a ticket, have the reviewers "stolen" something from them? Of course not. That's a straw man. The author is entitled to ask for compensation from those who use the fruits of his labor. In particular, he is entitled to restrict access to his software. He is entitled to impose a contract that requires that users do not leak copies of his software. He is also entitled to have the law back him up to prevent third parties from benefiting from egregious cases of theft or fraud (e.g. authorised users leaking software or unauthorised users breaking into computers and making unauthorised copies)

  112. Re:Acceptance of facts - but is it stealing? by elflord · · Score: 1

    but you and several others in this thread have been beaten to death on that argument that it is theft. "Shouted down" would be a more accurate description. There is a such thing as "theft of services" (check a dictionary), so theft does not require removal of physical property. That's just slashdot propaganda. A million slashbots yelling it doesn't make it true.

  113. Re:DMCA isn't a problem, lack of 'loser pays all' by Beardo+the+Bearded · · Score: 1

    The thing is, you can't file for the court costs ahead of time since you can't know what they are. The damages would be for "$10 plus costs", so it would be small-claims court.

    As long as you're not a dick in front of the judge, he or she will probably dismiss the case. No responsible judge will let thousands of dollars in legal fees get added onto a trivial amount of money. They would likely fine the other guys for wasting the court's time.

    --

    ---
    ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
  114. "don't vote as a protest" nonsense - a better fix? by Anonymous Coward · · Score: 1, Insightful

    I run across this reference periodically, and have spoken with a few people who are confused enough to claim to do this.

    This is insanely STUPID.

    The U.S. doesn't have any laws requiring any level of voter turnout for a quorum or plurality in order to validate an election.

    For anyone who doesn't get this, I'm going to present as plainly as possible why not voting is a bad idea, and why it is really your civic duty to do so.

    Please undertand this: under our current system, even if only a single vote were cast, an election would still stand. What this means, in simplest terms, is that if the candidate you don't like voted for themselves, and no one else voted, they would still win.

    Now.

    Think about who actually has the direct power to introduce and vote upon new legislation, including election law. Who? The elected representatives.

    NOT VOTING IS NOT PART OF THE SOLUTION. IT IS BY AND LARGE THE SOURCE OF THE PROBLEM.

    Really, it isn't the electoral system itself that's broken. It still does what it's designed to, that is to put into office the people who get the greatest number of votes. By NOT voting, you only aid the very representives you claim to oppose, those you feel don't represent your interests. (It's election campaign finance that's broken. For more on that, read further...)

    PERHAPS THE CURRENT REPRESENTATIVES DON'T REPRESENT YOUR INTERESTS BECAUSE YOU DON'T VOTE AT ALL, LET ALONE FOR SOMEONE WHO MIGHT ACTUALLY LISTEN TO YOU.

    Accept your OWN responsibility, and ACT upon it instead of simply complaining, or worse yet, simply shrugging your shoulders and claiming that abuse of power, lack or representation, and corruption are simply "the way things are".

    To address some of the inevitable responses:

    1. No, I'm not simply trolling.

      I am, I suspect like a lot of other people, simply fed up with the fundamentally flawed premise of that silly claim.

    2. Why, yes. I did happen to post anonymously. Good for you for noticing.

      Now, go back to thinking about the post itself. I wrote this so folks would focus in the content, not upon who posted it.

    3. Potential vote rigging, last election, blah blah blah.

      Yes. Look at any large election. There will be anomolies, There will likely even be a few instances of someone or other trying to mess with the results. I live in Ohio, so suffice it to say I'm certainly aware of this... It's up to US to try to be vigilant and prevent this from happening. And to put pressure on our representatives, and upon law enforcement, to vigourously pursue and investigate such allegations. If you want elections at all, you have to expect someone somewhere will be trying to figure out how to cheat. Think of it this way. If elections weren't still the real source of access to power, why would folks go to the effort to try to influence the outcome? They do because, ultimately, the elections themselves still are that source...

      And no, before you go there. I'm not trying to open up a post-facto referendum on the last election. I'm not happy we still have a fascist in office representing the plutocracy and working dilligently to turn the US into some corporate version of an Orwellinan New World, either. But, the last time I checked, anyway, we have to live with it until the next election. I, for one at least, am still looking forward to it. It's still better than not having one...

    4. Money...

      Money, by and large, doesn't buy votes at the polls. It buys advertising. And, it buys spin doctors. (And, yes, it might very well buy the voting positions of some [insert your opinion on] percentage of the politicians once they're in office.) But, a question for you: When was the last time anybody offered YOU PERSONALLY cash for a vote? Yeah. I thought not... Look at the people around you. It'

  115. UPDATE:The end of Anonymous Access in Canada? by bitspotter · · Score: 2, Informative

    Now that the bill has been posted, The question is a little clearer.

    From the bill:


    40.2 (1) A person described in paragraph
    40.1(1)(a) or (b)
    [ie, an ISP] who receives a notice of
    claimed infringement that complies with subsection
    40.1(2) has an obligation, on being paid
    any fee that the person has lawfully charged for
    the performance of that obligation
    ,


    So, the upshot, if I interpret this correctly, is that if you provide Internet access or proxy services or hosting free of charge, you're not obligated to forward an infringement claim notice or keep identification records. ...That's a little better. So projects like or Dijjer are not required to keep tabs on everyone that uses the network.

    Whew!

    1. Re:UPDATE:The end of Anonymous Access in Canada? by bitspotter · · Score: 1

      http://www.michaelgeist.ca/home.php#418

      Michael Geist posted an alternative interpretation, and I think he's right. The fee referred to is not a fee paid by ISP customers to the ISP for provision of services, but a fee paid by the infringement *claimant* to the ISP for forwarding the notice and retaining the data.

      Hopefully, this means that an ISP does not have an obligation to retain any customer data BEFORE the claimant sends the notice and pays the fee. The fee is currently at nil, but the government can set the fee later (this is, presumably, a defense against an potential epidemic of bogus claims). So this means (I hope) that one can provide anonymous net access, whether for fee or not, without running afoul of the law, so long as you *never* collect identifying info.

  116. Boycot-RIAA isn't the answer by Merk · · Score: 1

    Take a look at how many recording companies are part of the RIAA. The RIAA has too much control, there's almost no difference between boycotting the RIAA-owned companies, and boycotting all music sold on CDs.

    A better tactic is to boycott specific bands that are loud and public with their support for the RIAA and their actions. Make it so that nobody wants to speak up for the RIAA, and every artist who speaks up speaks up *against* them.

    Sure, you'll still have all the same people hiding behind the RIAA suits, but when the celebrities are saying they hate the industry, and the suits are saying the industry is "good for America(tm)" then who do you think the average music buyer is going to listen to?

  117. Re:Acceptance of facts - but is it stealing? by Mr2001 · · Score: 1

    How many users of a program like Microsoft word can afford to fund its development ?

    Well, how many people use it? A few million? If they each paid a few dollars, they could fund its development together.

    The author is entitled to ask for compensation from those who use the fruits of his labor.

    Nope, sorry, I don't buy that argument. Just because you put time into something doesn't mean anyone owes you money. If I spend six hours combing my hair into a certain style, I don't get to demand money from everyone who looks at it, nor do I get to tell everyone else that they have to pay me if they want to use that hairstyle on their own heads - why should it be any different if I spend those hours sitting at a keyboard instead of standing in front of a mirror?

    --
    Visual IRC: Fast. Powerful. Free.
  118. Re:Acceptance of facts - but is it stealing? by elflord · · Score: 1
    Nope, sorry, I don't buy that argument. Just because you put time into something doesn't mean anyone owes you money.

    That's a straw man. You don't address my arguments at all, instead you just rehash tried-and-true propaganda/and cookie-cutter arguments (that might rebut other arguments you disagree with, but do not address mine) that are not relevant to the discussion at hand. Could you tell me which part of the follow argument, previously posted, that you disagree with ?

    (1) he is entitled to restrict access to his software. Or should he be forced to give it away/release it ?
    (2) He is entitled to impose a contract that requires that users do not leak copies of his software. Or do you not believe in contracts/agreements ?
    (3) He is also entitled to have the law back him up to prevent third parties from benefiting from egregious cases of theft or fraud (e.g. authorised users leaking software or unauthorised users breaking into computers and making unauthorised copies) Or do you support fraud ? What do you think of laws against receiving stolen goods, for example ?

  119. Re:Acceptance of facts - but is it stealing? by Mr2001 · · Score: 1

    Could you tell me which part of the follow argument, previously posted, that you disagree with ?

    (1) he is entitled to restrict access to his software. Or should he be forced to give it away/release it ?


    I disagree with this part. He isn't entitled to restrict access to the software; software is information and cannot be owned. He is, however, entitled to restrict access to his computer and any physical media he owns that contains copies of the software.

    Also, your follow-up question ignores the middle ground between forcing him to release it and giving him the right to dictate who can use it. I wouldn't require him to lift a finger to make it any easier for anyone else to get a copy of his software, but I wouldn't allow him to force others to stop using or redistributing it either. If he wants to control how it's used, he should keep it to himself.

    (2) He is entitled to impose a contract that requires that users do not leak copies of his software.

    Sounds good to me. Of course, such a contract can only apply to someone who agrees to be bound by it. If you say "sign this contract before I give you a copy of my program", I might look elsewhere to find someone who'll give me a copy without requiring me to sign a contract.

    (3) He is also entitled to have the law back him up to prevent third parties from benefiting from egregious cases of theft or fraud (e.g. authorised users leaking software or unauthorised users breaking into computers and making unauthorised copies)

    He's entitled to have legal protection against people breaking into his system, and to enforce contracts against users who sign them, sure. But there's no "theft" in either situation.

    Or do you support fraud ? What do you think of laws against receiving stolen goods, for example ?

    No, I don't support fraud. I support trademark law for that reason, and I'd support a law that required you to give proper credit for any copies or derivative works (but didn't limit your right to make or distribute them).

    I don't really see the connection between fraud and receiving stolen goods. Can you explain further?

    --
    Visual IRC: Fast. Powerful. Free.
  120. Re:Acceptance of facts - but is it stealing? by elflord · · Score: 1
    Sounds good to me. Of course, such a contract can only apply to someone who agrees to be bound by it. If you say "sign this contract before I give you a copy of my program", I might look elsewhere to find someone who'll give me a copy without requiring me to sign a contract.

    But how did that someone else obtain the software ? That person either

    • is bound by the contract (so they don't give it to you)
    • illegally broke in to someones computer and obtained a copy against their will,
    • obtained it from such a person
    Either way, the "fell-off-the-back-of-a-truck" argument doesn't hold up. Obtaining an authorised copy requires someone in the chain of possesion to have commited fraud or break-in, that's where the receiving stolen goods analogy comes in. The point is that if the chain of possesion is known to include a single theft (or in this case, fraud), then it doesn't matter if someone gave it to you without asking you to sign a contract.
  121. Re:Acceptance of facts - but is it stealing? by Mr2001 · · Score: 1

    But how did that someone else obtain the software ?

    Perhaps they signed a contract and then violated it. They should certainly be held liable for that, but should I? I didn't sign the contract; I may not even have known there was a contract at all.

    Or perhaps I find it posted anonymously on Freenet. Why should the burden be on me to track down whoever wrote it, find out if a contract was involved, and then make sure no one broke the contract in posting it?

    --
    Visual IRC: Fast. Powerful. Free.
  122. Re:Acceptance of facts - but is it stealing? by elflord · · Score: 1
    Perhaps they signed a contract and then violated it. They should certainly be held liable for that, but should I?

    Again, same reason we have laws against receiving stolen goods. Basically, your "right" to be a profiteer of fraud does not outweight the authors right to be protected from fraud.

    Or perhaps I find it posted anonymously on Freenet. Why should the burden be on me to track down whoever wrote it, find out if a contract was involved,

    I suppose this boils down to a reasonable person test. Would a reasonable person realise that this software was posted illegally ? If someone cleverly erased all signs of any EULA or click-through from the software, reskinned it to make it look unlike any well known software package, and claimed authorship, I think you'd be in the clear. But in most cases of software piracy, the software pirates know perfectly well they're not getting legal copies.

  123. Re:Acceptance of facts - but is it stealing? by elflord · · Score: 1
    Perhaps they signed a contract and then violated it. They should certainly be held liable for that, but should I?

    I should add that slashdotters who cite this argument are cleverly using the classic "computer science solution" -- add a layer of indirection -- to argue for fraud. Basically, this just amounts to fraud via a layer of indirection.

    This would be a perfectly good way to evade certain kinds of laws, but you can't weasel out of moral principles via a layer of obfuscation.

  124. What about code developed outside of Canada? by millermj · · Score: 1
    One of the reasons for having some of the most important Linux events in Ottawa was that by going to Canada you would escape the U.S.'s DMCA and therefore avoid situations like what happened to Dmitri Sklyarov in 2002, regarding his so-called violation of the DMCA. Refresher: Dmitri was arrested in the U.S. for code he developed for Elcomsoft in his home country of Russia which circumvented some copyright mechanisms to convert files to eBooks. I wonder if:
    • The Canadian version of this law will be enforced in the same way, and
    • whether this might cause the organizers of these events to change the venue in future years.
    --
    Did anyone bother to ask the customers what they want?
  125. Re:Acceptance of facts - but is it stealing? by Mr2001 · · Score: 1

    Again, same reason we have laws against receiving stolen goods. Basically, your "right" to be a profiteer of fraud does not outweight the authors right to be protected from fraud.

    The contract is a private agreement between two people. It's simply ridiculous to expect third parties to be bound by contracts they didn't sign.

    And frankly, I'd say it's unreasonable to punish a receiver of stolen goods any further than by having him return the goods, unless he was somehow involved with committing or arranging the theft. If my neighbor sells me a TV for $100 and I later find out it was stolen, it makes sense for the rightful owner to be able to reclaim it from me, as long as I can also reclaim my $100 from my neighbor (the only person who did anything immoral).

    --
    Visual IRC: Fast. Powerful. Free.
  126. Re:Acceptance of facts - but is it stealing? by elflord · · Score: 1
    The contract is a private agreement between two people. It's simply ridiculous to expect third parties to be bound by contracts they didn't sign.

    No-one is forced to be bound by something they didn't sign. The point is that people shouldn't profiteer from fraud.

    And frankly, I'd say it's unreasonable to punish a receiver of stolen goods any further than by having him return the goods, unless he was somehow involved with committing or arranging the theft.
    [example snipped]

    Your example is a straw man. Receiving stolen goods laws typically apply when you knowingly receive stolen goods. How do you "prove" someone knew ? Again, reasonable person tests could apply. Your example is neither analogous to the discussion at hand (regarding willful software/music piracy) nor relevant to laws regarding receiving stolen goods.

  127. Re:Acceptance of facts - but is it stealing? by Mr2001 · · Score: 1

    No-one is forced to be bound by something they didn't sign.

    In that case, the person who receives a copy is in the clear, since any breach of the contract is a matter to be settled between the parties to the contract. Glad we agree.

    The point is that people shouldn't profiteer from fraud.

    Fraud is different from breach of contract, BTW.

    --
    Visual IRC: Fast. Powerful. Free.
  128. Re:Acceptance of facts - but is it stealing? by elflord · · Score: 1
    In that case, the person who receives a copy is in the clear, since any breach of the contract is a matter to be settled between the parties to the contract. Glad we agree.

    Since we're talking about morality as opposed to legality, I'll point out that they're guilty of something analogous to receiving stolen goods. They aren't a party to the contract, but they are a beneficiary of a willful breach of contract.

    Fraud is different from breach of contract,

    Entering a contract with the intent to breach it is fraud.

  129. Re:Acceptance of facts - but is it stealing? by Mr2001 · · Score: 1

    I'll point out that they're guilty of something analogous to receiving stolen goods. They aren't a party to the contract, but they are a beneficiary of a willful breach of contract.

    It's only analagous if we consider theft analagous to breach of contract. Surely you don't think taking an object away from its rightful owner is morally equivalent to reneging on an agreement not to share a piece of software.

    Entering a contract with the intent to breach it is fraud.

    However, entering a contract intending to stick to it, then changing your mind later, is not fraud.

    --
    Visual IRC: Fast. Powerful. Free.
  130. Re:Acceptance of facts - but is it stealing? by elflord · · Score: 1
    It's only analagous if we consider theft analagous to breach of contract.

    We're not talking about breach of contract in the benign sense here (as in, failure to fulfil ones obligations), this is an example of a malicious breach of contract. It's similar to deliberately violating an NDA (which you could be sued badly for) I suppose it's more analogous to vandalism (-;

    However, entering a contract intending to stick to it, then changing your mind later, is not fraud.

    Come on, that's just silly. That's like selling something, then deciding after the buyer has paid that you "change your mind" and "don't want to" send them the product any more.

  131. Re:Acceptance of facts - but is it stealing? by elflord · · Score: 1
    It's only analagous if we consider theft analagous to breach of contract.

    BTW, the analogy has nothing to do with whether or not you think that malicious breach of contract deserves leniency. The point is that there are reasons (legal and moral) that committing a crime via a thin layer of indirection is still committing a crime. The fact that you modularise responsibilities (for example, by having one guy steal the car and another guy sell them) does not (morally or legally) contain the guilt to the "module" committing the obvious crime (in this case, the car thief). In this case, the crime is different, but the idea is the same.

  132. Re:So? Write your own music. by MikeBabcock · · Score: 1

    "Do it yourself" will be the downfall of modern society.

    We have societies so that we can all benefit from each other.

    How would my doctor be able to fix my heart if the technicien told him to build the equipment himself?

    We either do our jobs to the best of our abilities to the betterment of society, or we mooch. Pick one. Mathematically speaking, we'll all be better off if we pick the first.

    --
    - Michael T. Babcock (Yes, I blog)
  133. Re:Acceptance of facts - but is it stealing? by Mr2001 · · Score: 1

    The point is that there are reasons (legal and moral) that committing a crime via a thin layer of indirection is still committing a crime.

    This does not apply, legally or morally, to breach of contract, because the contract only creates an obligation (legal and moral) for the people who signed it.

    To use your NDA example: If I know someone who signed an NDA to protect certain secrets, and I convince him to disclose those secrets to me, I've done nothing wrong. It's his job to protect the secrets, not mine, and if he fails to do it, that's not my problem.

    --
    Visual IRC: Fast. Powerful. Free.
  134. Re:Acceptance of facts - but is it stealing? by elflord · · Score: 1
    This does not apply, legally or morally, to breach of contract, because the contract only creates an obligation (legal and moral) for the people who signed it.

    The fact that you want to separate the roles of the "beneficiary" and the "infringer" who can remain anonymous while the "beneficiary" goes about his business in the light of day, does not mean that the beneficiary is not party to the breach. Indeed, without someone playing the role of beneficiary, there is no breach.

    Actually, IMO your aim is to protect both the beneficiary and the infringer, the point is that the separation of roles benefits the infringer as well because it makes it easier for him to commit his crime behind the veil of anonymity (after all, he only needs to surface for long enough to leak a single copy). I bet that if the infringer were caught, you would be the last person calling for his head on a plate.

    And again, this is the reason we have laws against receiving stolen goods -- it's so that someone can not sell goods that are obviously stolen in broad daylight. You could make your NDA argument about the seller of stolen goods-- that it's the thiefs fault, etc. I've already discussed why that argument doesn't hold water.

  135. Re:Yes!!! by daviq · · Score: 0

    Why did you take points off, it's perfectly on topic. I'm talking about my rights as a Canadian, and how I can't do as much with music as a user. Quote "full of new rights for the music industry with precious little for users."

    --
    Go to the w3.org and put Slashdot.org through the validator.