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Googling May Break Copyright in Canada

twray writes "From The Globe&Mail: Could it be possible that Canada will make Google or any other Internet search and archiving engines illegal? Bill C-60, which amends the Copyright Act and received its first reading in the House of Commons on June 20, suggests it could be illegal for anyone to provide copyrighted information through "information-location tools," which includes search engines."

28 of 333 comments (clear)

  1. so? by Sweetdelight · · Score: 3, Insightful

    So, just dont base any canadian Google in Canada and Just keep google in U.S

    1. Re:so? by Captain_Chaos · · Score: 2, Insightful

      So, just dont base any canadian Google in Canada and Just keep google in U.S

      Yeah, 'cause the US would never pass draconian laws like this...

      Right?

      Right?

      <crickets chirping>

  2. Why bother w/this then? by garcia · · Score: 5, Insightful

    The bill defines information location tools as "any instrument through which one can locate information that is available by means of the Internet or any other digital network."

    Would that mean that library networks that allow you to find copyrighted material are illegal too? All of the libraries I've been in recently have an online card catalogue which is usually accessable in-house and over the web... Granted they might not be caching materials and making thumbnails but who knows? Maybe the libraries even use site:library.org with Google to do searches.

    But, cautions Mr. Knopf, Bill C-60 has received first reading only, and that "there"s a lot of time for them to take this out or to fix it."

    He warns that "we shouldn't cripple the Googles of the world by imposing copyright chill on the very basis of their architecture. In fact, they perform a very useful service to copyright owners by enabling easy detection of infringement. The owners should go after the actual infringer, rather than effectively shooting the messenger."


    Then why even bother to draft it? This seems like an awful waste of time and energy if you know the bill could cripple the search engine industry and that's not what you want.

    1. Re:Why bother w/this then? by AlexTheBeast · · Score: 3, Insightful

      Gogling for DRM-free music files or e-books is a well known way for people to copy files.

      Who fault is this? Is it my responsibility not to leave my directories of music files open for the public to copy? Or is it my responsibility not to copy files from open directories?

      Either way, google is the tool. As liberal as I am... guns do not kill without a person pulling the trigger.

      Google (and MSN too) provide a service. It is not their fault if people use it for evil.

    2. Re:Why bother w/this then? by azimir · · Score: 2, Insightful
      You say:

      Yes it is. Crime goes up, and so do accidental deaths. See handgun legislation and results in states (good example: MA).


      But what about these cases:

      http://www.nraila.org/Issues/FactSheets/Read.aspx? ID=30
      http://news.bbc.co.uk/1/hi/uk/1440764.stm
      http://iresist.com/cbg/guns.html

      From the last link:
      In 1982, Kennesaw, Georgia, passed a law requiring heads of households to keep at least one firearm in the house. The residential burglary rate dropped 89% In 1991, the residential burglary rate in Kennesaw was still 72% lower than in 1981. - Dr. Gary Kleck, Crime Control Through the Private Use of Armed Force.

      My Favorite line from the last link:
      And during those ten years, alligator attacks outpaced the number of crimes committed by carry holders; gators 146, illegal shootings 88- the gators are winning! Florida Game Commission and the Florida Department of State, Firearms Licensing.


      Then you head a common direction of gun control advocates:

      Guns are tools made to kill things. We hardly have any reasons to kill things any longer. Hence, we no longer need the tool.


      The issue is not wether I need to kill things. In fact, I really abhor the thought of doing so without great need. The issue is that there are quite a few individuals or organizations that might think little of doing myself, or my family, harm. Taking away the best tools we have to defend ourselves in a time of need, no, not now, but possibly some day is a shortsighted and cowardly thing to do. Being free takes vigilance, effort, and often danger. I'm willing to learn and use the tools needed to keep myself, my family and my country free, how about you?

      I was raised doing some target shooting and was taught gun safety and proper handling from day one. I don't even have a handgun around the house right now, but when my children get old enough they'll be taught everything they need to keep themselves safe, both from the tools and from external dangers.
  3. This doens't really make any sense by Mrs.+Grundy · · Score: 4, Insightful

    Almost nobody who profits from the sale an licensing of copyrighted work is losing money due to competition from search engines. Just the opposite in fact. Most people who create work whether art, photography, music, or writing also would like to be ranked highly in search engines--in fact many people actually pay google for advertisements. I don't really understand who is gaining anything from this. Seems like a law that hurts everybody involved.

  4. Short and sweet by Alex+P+Keaton+in+da · · Score: 5, Insightful

    Short and sweet: This is what happens when legislation can't keep up with tech, and legislators don't understand tech
    Look at some of the stuff here in the states- I mean, a bunch of 200 year old Supreme court judges making laws about P2P when they dont even use email????
    I thought Canadians had a reputation for being reasonable....
    If Google is outlawed, only Outlaws will Google.
    I have to go, I need to google tyrany.

    --
    And All I Ask is a Tall Ship And a Star to Steer Her By
  5. Who's It Up To? by cerebraldebris · · Score: 1, Insightful

    Shouldn't it be up to the individual holder of the copyright to decide whether or not they want their copyrighted work to be publicly searchable or not?

    1. Re:Who's It Up To? by cduffy · · Score: 4, Insightful
      Shouldn't it be up to the individual holder of the copyright to decide whether or not they want their copyrighted work to be publicly searchable or not?
      No, it shouldn't.

      Copyright doesn't provide universal control over a work -- indeed, it's quite limited. Reproduction, public performance, preparation of derivative works; these (and perhaps some minor ones I forgot) are the actions prohibited without the copyright owner's approval. Search -- allowing a third party to answer questions by telling another third party about your copyrighted work -- is not on the list.

      Extending that franchise is a big step -- a very big step. You're taking actions which are presently available to the public at large, and imposing restrictions upon them -- and, in doing so, making for lots of extra beurocracy in the process. Search, in particular, is a case where this kind of legal restriction simply isn't in the public interest: Why should I be restricted by a 3rd party from telling you about a resource? There are already laws on the books regarding contributory copyright infringement, so telling you about how to access a resource illegally is already out of the question (except in cases where making such actionable would have a chilling effect on legitimate activities; hence the manner in which Grokster's big loss was tied to their intentional promotion of infringing activities by their userbase).

      The legal balance already overwhelmingly favors copyright holders over the general public -- the DMCA and similar legislation being largely responsible for that -- and moving it even further in that direction does the public as a whole an unjustified level of harm.

  6. Think for a second. by grub · · Score: 3, Insightful


    I think they're aiming at things such as torrent & eMule search engines not Google and Yahoo.

    --
    Trolling is a art,
    1. Re:Think for a second. by CyricZ · · Score: 3, Insightful

      But if it is worded so ambiguously that it would illegitimize completely separate services, then there is a severe problem with it, no?

      --
      Cyric Zndovzny at your service.
    2. Re:Think for a second. by Snarfangel · · Score: 5, Insightful

      I think they're aiming at things such as torrent & eMule search engines not Google and Yahoo.

      Good thing lawyers and businesses always follow the spirit of the law rather than the letter of it.

      --
      This tagline is copyrighted material. Please send $10 for an affordable replacement.
  7. It's a lawyer's world afterall by ShatteredDream · · Score: 4, Insightful

    Most regulations, such as this one, exist not to protect anyone, but just to make lawyers rich. It doesn't matter which side the lawyer takes, plaintiff or defendant, they both stand to make good money off of ambiguous and overly broad laws. Stuff like this just proves the old saying, "in a town with only 1 lawyer, the lawyer will starve but in a town with 2 lawyers they will never go hungry."

    On both sides of the border we make no pretense of electing people who actually know what they're doing. Almost every politician is a hack these days whether in America or Canada, and that probably applies to most countries in general. Look at that POS proposed by Leahy and Specter in the US recently. These lawyers and buisnessmen don't know a damn thing about the ramifications of their legislation most of the time, and when they do, malice is frequently their motivation for the diabolical implications of its scope. Is it any wonder why liberty-minded people tend to just eschew regulation altogether these days since most of the time, we have to choose between scoundrels and blithering idiots for our lawmakers?

  8. Does it matter? by Sensible+Clod · · Score: 1, Insightful

    I don't care which it is, this isn't right.

    --

    The difference between spam and poop is that you don't have to dig through septic tanks looking for real food. -- Me
    1. Re:Does it matter? by wo1verin3 · · Score: 2, Insightful

      >>Is it right that Gogle is allowed to host
      >>copyrighted material, while you are denied to do so?

      No but that isn't what this is about.... google would be considered an "information-location tool" so if by chance it indexes a site which hosts copyrighted material (yes I know the possibility is shocking) they are liable.

  9. who cares? by i_ate_god · · Score: 2, Insightful

    Stop getting worked up over nothing. This is an initial draft, it wont be passed as law as is. This is just an attempt by the media to garner paranoia about some future restricting law because it will make them money.

    Just chill out and don't worry, Canada is not so stupid as to pass a bill that could possibly be as damaging as this.

    --
    I'm god, but it's a bit of a drag really...
  10. "Providing" by DynaSoar · · Score: 4, Insightful

    Google is not providing. They are not making it available. They are indexing its already existant availability and providing a link to it.

    If someone makes it available, it would have been "provided" whether or not Goggle indexed it and provided a link to it.

    Holding a search engine liable would leave them all open to sabotage by people posting copyrighted stuff and getting it indexed.

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
  11. Surely its about intent? by Demerara · · Score: 4, Insightful

    If I put a website online, even if it's contents are copyright, surely anything which brings traffic to that website cannot be held responsible for subsequent abuse of the content? This is especially true if the intent of the person/tool which brings the traffic to my site is not to breach copyright but to connect visitor with content?

    If this can be banned, then we have to hold the Yellow Pages publishers guilty if a bank robber looks up the address of banks...

    (IANAL, as if you couldn't guess...).

    --
    Backward%20compatibility%20is%20over-rated
  12. Geee... by NanotechLobster · · Score: 2, Insightful

    Copyright laws and the internet don't mix. What a new and interesting concept.

  13. Re:Where's our share? by bogjobber · · Score: 3, Insightful
    "Not only is Google a major threat to our constitutional right to privacy but it is also a major leech of other people's copyrighted material."

    Google does not threaten our privacy because it only indexes things that are already available on the internet. Google isn't breaking into private systems and posting their content on the web, it is just making already visible content easier to find.

    "WE THE DEVELOPERS OF OPEN SOURCE SOFTWARE WHICH GOOGLE LEECHED DO NOT GET TO SEE IT!!!!"

    They have their right to privacy just as much as you have a right to yours. If they do not want to give up the algorithm or tools they use to index/search, then they have that right. Wishing otherwise does not make it so. And typing in all caps does not make your point any stronger.

    "Google produces nothing, they organize your stuff for you without you asking for it, and they get really well paid for that."

    They produce a service which people find useful. Just because they don't make a hard good does not mean they do not produce anything.

    "They use open source tools but give nothing back to open source, they use your website and they give you some traffic in return, traffic which your content earned anyway."

    I think that Google's contributions to the open source field are much more significant than you claim. It is pretty well documented that Google allows their employees to contribute to open source projects on company time. They also have programs such as the Summer of Code where they pay college students to contribute to open source projects.

    I don't really know what your problem is with Google. They don't alter your content in any way, and they provide a valuable service to people. If you don't like Google, you don't have to use it.

  14. Re:Where's our share? by burns210 · · Score: 3, Insightful

    Two things to feed the troll..

    1. Google is a service company, their products(Keyhole, Search Appliance, etc) are extensions of their services really.. They provide a service that leverages other things.

    Mining the information of 8 billion pages is not a product, it is a service. One that is hugely useful.

    2. You are not, in any way, forced to use Google's services/products. Thus, they are not a the end all of the world, you can simply choose to not work with them. Really, it is easy.

  15. Re:What were you thinking? by burns210 · · Score: 2, Insightful

    What is google obligated to give back?

    You are made they use linux(and other open source tools) but dont 'give back' enough? Well, they seem to be following the terms of the GPL, etc... Just because you wish they open sourced their algorithm(something they have no reason, legal or ethical or logical, to do) doesn't mean they are bad people because they don't. It means you are just demanding something you have no right to.

    "Our share" is the service they provide to us. They are a company, not a socialist state.

  16. Re:Run To America! Fear The Iron Fist of Canada ! by Frodo+Crockett · · Score: 2, Insightful

    It just means liberal with spending.

    So they're just like our Repubicans and Democrats. Bada bing!

    --
    "The newly born animals are then whisked off for a quick run through a giant baking oven." --heard on Food Network
  17. Has anyone who posted so far read TFA? by sidney · · Score: 2, Insightful

    The article doesn't say that bill C-60 will make Google illegal. It says that one lawyer's opinion is that one sentence that is designed to limit Google's and other search engine companies' liability is worded wrong such that it could be interpreted as making Google's caching illegal.

    Clearly that is not the intention of the bill, and that sentence will be rewritten before the bill is passed if other lawmakers agree that it has that implication.

    So what's the fuss?

  18. Re:Take that, Canucks by JohnnyNoSPAM · · Score: 5, Insightful
    I concur. As corporations globalize, their lobbying efforts will globalize proportionally.

    Over at Groklaw, PJ touches on this in an article about Internet Archive being sued article She makes good points such as recommending that site owners utilize subscriptions to protect content that they do not wish to be open to the public domain. The is also a discussion of the robots.txt file that many sites use and search engines honor voluntarily.

    Search engines are tremendously effective tools for bringing visitors to web content. Without them, many web sites would go unnoticed. I don't see that attacking the search engines will be effective. I believe that simple solutions such as those PJ has touched on are readily available and easy to implement rather than resorting to such extensive legislation, and I agree that this is what we as citizens need to convey this to our respective governments.

  19. Re:Take that, Canucks by zoefff · · Score: 2, Insightful

    yep, if everybody, be it user or crawler, can point their browser to copyrighted material, than copyright loses it's purpose.

    So the first action for the provider is to regulate access to the material (logins, subscription, etc.) for both users and browsers and put up a robot.txt for crawlers. Although, as pointed out in an earlier discussion, the latter is a voluntary setup, with no garantees for the provider, it probably gives the provider a better case in court, because he has done his part to 'protect' his copyright.

  20. add legal force to "no cache" & robots exclusi by speculatrix · · Score: 2, Insightful
    There's already a perfectly good technical way to prevent spidering of your site, just add tags to pages to prevent caching, and if you don't want any indexing at all, just use robots.txt.

    All Canadian law needs to do is say that web search engines *must* observe these controls, i.e. respect the sites' owners in their access controls. There's probably some law already about privacy or copyright that could be extended to cover this aspect of web sites.

    However, governments love knee-jerk reactions especially if there's a chance of some political funding from big business lobbyists (or lawyers sensing a way of benefitting from arbitrary and nebulous laws - see the push for software patents).

  21. Re:Solution by TheZ · · Score: 2, Insightful

    No, half the internet usage is on Bit Torrent.

    And that's quite possibly the dumbest idea I've ever heard, thank god it's a joke. Seriously though, to point and laugh at a law that hasn't even passed and assume your system is better is just a fucking riot. I'm killing myself laughing over here, please stop. I don't see the RCAA busting down my grandmother's door and arresting her, do you?

    --
    -FweE-