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U.S. Copyright Report More Rhetoric Than Reality

CanuckGamer writes "Michael Geist has up a great article debunking the U.S. 'Special 301' report that is set to be released this week. The annual copyright report criticizes dozens of countries on their copyright practices, yet Geist notes that the policies are subject to growing criticism within the U.S. and that few countries are actually listening since most ignore the recommendations. 'While the report will generate media headlines and cries for immediate action from Industry Minister Maxime Bernier and Canadian Heritage Minister Bev Oda, the reality is that Canada's record on intellectual property protection meets international standards. Moreover, differences between the U.S. and Canadian economies - the U.S. is a major exporter of cultural products and has therefore unsurprisingly made stronger copyright protection a core element of its trade strategy while Canada is a net importer of cultural products with a billion dollar annual culture deficit - means that U.S.-backed reforms may do more harm than good.'"

37 of 123 comments (clear)

  1. Ummm.... by Anonymous Coward · · Score: 3, Informative

    "Debunking" means that you've demonstrated that something is false, not that you think it should be disregarded.

    1. Re:Ummm.... by ShieldW0lf · · Score: 3, Insightful

      If we are trading a billion dollars worth of minerals, water, energy, lumber and manufactured goods out for a billion dollars worth of permission to something that would be free for the taking if we changed our laws, it makes it pretty fucking clear what we should do.

      We should dump the laws entirely. If that means trade drops such that we keep our billion dollars worth of stuff for ourselves and don't receive a billion dollars worth of empty "permission to copy" notes, we are much better off.

      The fact that it isn't happenening speaks to the motives of our elected officials.

      --
      -1 Uncomfortable Truth
    2. Re:Ummm.... by SeaFox · · Score: 2, Insightful

      "Debunking" means that you've demonstrated that something is false, not that you think it should be disregarded.

      Why would you care about something that has been shown to be false, though?
  2. The Shat you say? by xxxJonBoyxxx · · Score: 5, Funny

    Canada is a net importer of cultural products with a billion dollar annual culture deficit...


    Is that with or without William Shatner?
    1. Re:The Shat you say? by Bearpaw · · Score: 3, Funny

      I think William Shatner was born in Canada but lives in California. If true, I believe that would mean he's part of the US cultural deficit.

    2. Re:The Shat you say? by PFI_Optix · · Score: 3, Funny

      Once you export something, it stays exported. You don't get to count it every year just because it was made in your country.

      --
      120 characters for a sig? That's bloody useless.
    3. Re:The Shat you say? by Znork · · Score: 3, Insightful

      Unless it's protected by intellectual monopoly legislation. Then you get to count it until the monopoly expires.

      Really tho, Industry Minister Maxime Bernier and Canadian Heritage Minister Bev Oda should take a good hard look at how multiple hundreds of millions of dollars transferred out of the Canadian economy, and consequently the loss of a fair number of jobs, would serve Canadian industry or Canadian cultural workers.

    4. Re:The Shat you say? by Pollardito · · Score: 2, Funny

      Once you export something, it stays exported. You don't get to count it every year just because it was made in your country. maybe we only have a William Shatner license, did anyone read the EULA?
    5. Re:The Shat you say? by Battle_Ratt · · Score: 2, Funny

      You've had Celine Dion in Vegas for a couple of years. Is she yours now? If so good, you can keep her.

  3. What Canada should say to the US by kilgortrout · · Score: 4, Insightful
    1. Re:What Canada should say to the US by ahsile · · Score: 3, Funny

      Oh crap... they're going to invade us next!

      I guess we should hide because that's what we do best. So, uh... let's see. Roughly 10 million square kilometers and about 30 million people. I don't want to see anyone else within 300 square meters of me!

    2. Re:What Canada should say to the US by dykofone · · Score: 4, Interesting
      I'm an American, but it's this oil thing that has made me actually consider moving to Canada:

      http://www.infoplease.com/ipa/A0872964.html

      Canada has the world's second largest oil reserve after Saudi Arabia. Why are they importing instead of exporting right now? Because oil is currently dirt cheap, compared to what it will be in 20 years. Canada is just sitting back, watching the world tear itself apart over oil, all the while not sharing what they have.

      Watch it, Canada will be the new superpower in a couple decades. That, or we'll just invade them.

    3. Re:What Canada should say to the US by Opportunist · · Score: 2, Insightful

      Umm... you quench that thirst with blood?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:What Canada should say to the US by EgoWumpus · · Score: 2, Insightful

      It may not be a superpower, but given that it has a tenth of the population of the U.S. it's in a very good position to leverage strategic oil reserves to concessions by America. We can't invade them; the U.S. populace would never stand for a war on their own territory. We can bring a staggering amount of economic pain down on them, though, and by stockpiling oil, they're in a very good position to tell us to get lost even in the face of that threat. I think it's wise of Canada to hold onto the one thing their huge neighbor is addicted to; it will allow them to maintain autonomy from us should things turn seriously bad in the world.

      --

      [Ego]out

    5. Re:What Canada should say to the US by Bullfish · · Score: 4, Funny

      The republicans wouldn't stand for invading and annexing Canada. If you consider that the Canadian conservatives are to the left of the US democratic party, in the long run, it would lead to the addition of about 30 million democrat voters. Better to buy them out.

    6. Re:What Canada should say to the US by TubeSteak · · Score: 3, Interesting

      Why are they importing instead of exporting right now? Because oil is currently dirt cheap, compared to what it will be in 20 years. Canada is just sitting back, watching the world tear itself apart over oil, all the while not sharing what they have.
      If you knew anything about the oil business, you'd know that Canada's oil reserves are locked up in tar sands and under peat bogs. Oil prices have to stay over $60/barrel for Canada to remain a viable source of oil.

      Watch it, Canada will be the new superpower in a couple decades. That, or we'll just invade them.
      http://www.time.com/time/world/article/0,8599,1614 000,00.html
      Estimates of Iraq's oil reserves have recently been doubled.
      The US already invaded them, so I think Canada is safe for a while yet.
      --
      [Fuck Beta]
      o0t!
    7. Re:What Canada should say to the US by dami99 · · Score: 2, Informative

      I'm pretty sure the oil companies are making a profit in the tar sands at $30+ /barrel. You may call it "locked up", but as someone who lives in Alberta I can tell you there is a lot of work happening right now to get that oil out of the tar sands.

      You also imply that all of the oil in Canada is in the tar sands... That is completely untrue.

    8. Re:What Canada should say to the US by Znork · · Score: 2, Insightful

      "It's not a question of courage, it would just be a futile fight IMO."

      For which side? Take a look at current state of the art assymetric warfare and then imagine sharing a border the length of Canadas with 3 million insurgents. Not to mention the number of disenfranchised Americans that would probably want to play their own game in the chaos.

      Large parts of both countries would be reduced to 2 hours electricity per day, bottled water from the red cross and foodpacks before such a conflict was over. Not to mention checkpoints at every block, questioning _everyone_ as ethnic discrimination would get quite a lot harder. And of course, people with family on both sides of the border would probably soon get detained and put in internment camps as a precaution.

      I mean really. Ick.

      On the bright side, the oil would last longer as there'd barely be a road you could drive on, nor any jobs or shops to drive to anyway.

  4. Cultural? by ingo23 · · Score: 3, Insightful
    "the U.S. is a major exporter of cultural products"

    I think the word you are looking for is "entertainment". Unless you forgot the quotes.

  5. Boo! by Itninja · · Score: 4, Insightful

    Good thing the headline isn't slanted or editorialized. Oh wait....

    --
    I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
  6. Extending copyright is important by $RANDOMLUSER · · Score: 5, Informative

    Life of the author plus 70 years. For corporate works, 95 years from date of publication or 120 tears from date of creation, whichever is shorter. Of course, most authors are incorporated and the corporation holds the copyright. The whole world needs to use this formula - because Sony and Disney and George Lucas aren't making enough money.

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    1. Re:Extending copyright is important by cpt+kangarooski · · Score: 3, Informative

      No, what determines the term length is the nature of the author. Terms run for the life of the author plus 70 years, except for anonymous works, pseudonymous works, and works made for hire, which run either 95 or 120 as you describe. Who holds the copyright has nothing to do with the term length. An author can assign his copyright to a corporation, but the term is still measured based on his life.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  7. Re:A billion-dollar cultural deficit? by Lockejaw · · Score: 4, Insightful

    Using the term "cultural deficit" doesn't seem quite right -- it implies that the USA has a cultural surplus.

    --
    (IANAL)
  8. Information Feudalism by cursorx · · Score: 2, Informative

    Geist raises interesting points, as always. But for a more in-depth look into the sordid history of the Special 301 report, please read Peter Drahos and John Braithwaite's Information Feudalism, if you haven't yet. It's kinda like The Empire Strikes Back, with intellectual property lawyers and the content industry as the Empire, and not only one, but 50+ Darth Vaders.

  9. Damn Canadians by Bullfish · · Score: 5, Funny

    They just keep acting like they are a whole other country!

  10. Re:A billion-dollar cultural deficit? by ohearn · · Score: 4, Funny

    Heck it assumes the US has a culture. //takes toungue out of cheek

  11. Copyright isn't enough to satisfy their greed by Burz · · Score: 2, Interesting
    ...so they attempting to turn categories like copyright and patents into property. Politicians jump on this bandwagon because of 1) corporate patronage, and 2) its one of the few remaining large exports for the USA and more important as a trade negotiating tool as a result.

    Glyn Moody from Linux Journal:

    Intellectual Property does not exist

    If people became aware of this simple fact - that intellectual property does not exist - I think it might be easier to persuade even politicians to do something about this crazy state of affairs.

    The term "IP" is a very clever trick played by those who indeed want to own ideas. I always use the phrase "intellectual monopoly" instead, because that's what copyright and patents are: they are monopolies granted by the government for a limited time to encourage innovation and creativity. If, instead of talking about extending "property" rights for "IP", you phrase it as extending a monopoly right, that doesn't sound so good, because it's clear that something is being taken away from everyone.

    I think we must work hard to roll back this term "IP", because every time we use it we reinforce the misconception that ideas can be owned. As soon as you get people to think in terms of monopolies, they become far less impressed by big business's demands for more "IP" protection, and the case for copyright and patents is correspondingly weaker.

    1. Re:Copyright isn't enough to satisfy their greed by $RANDOMLUSER · · Score: 2, Insightful

      From The Tao of Programming

        There once was a man who went to a computer trade show. Each day as he entered, the man told the guard at the door:

              ``I am a great thief, renowned for my feats of shoplifting. Be forewarned, for this trade show shall not escape unplundered.''

      This speech disturbed the guard greatly, because there were millions of dollars of computer equipment inside, so he watched the man carefully. But the man merely wandered from booth to booth, humming quietly to himself.

      When the man left, the guard took him aside and searched his clothes, but nothing was to be found.

      On the next day of the trade show, the man returned and chided the guard saying: ``I escaped with a vast booty yesterday, but today will be even better.'' So the guard watched him ever more closely, but to no avail.

      On the final day of the trade show, the guard could restrain his curiosity no longer. ``Sir Thief,'' he said, ``I am so perplexed, I cannot live in peace. Please enlighten me. What is it that you are stealing?''

      The man smiled. ``I am stealing ideas,'' he said.

      --
      No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  12. Re:the U.S. is a major exporter of cultural produc by teh_chrizzle · · Score: 4, Funny

    the U.S. is a major exporter of cultural crap.

    the U.S. is a major exporter of crap.

    there, i fixed it for you :-)

    --
    sarcasm:
    -noun
    1. harsh or bitter derision or irony.
  13. it's quite shocking... by hobo+sapiens · · Score: 2, Informative

    ...that US policymakers don't listen to some guy who serves as an advisor to the Canadian government.

    Oh, never mind. We don't even listen to our own scientists who repeatedly tell us about global warming.

    --
    blah blah blah
  14. The USA... of course. by asninn · · Score: 3, Insightful

    Just out of curiosity, what business do the USA have criticising other country's copyright laws, anyway? If Canada - for example - told the USA that their copyright laws are inadequate and need to be overhauled, they'd quickly be told to mind their own damn business and not meddle in other countries' internal affairs - and rightfully so, too. Why do the USA think that they have the right to do the same thing?

    Or, more specifically: why don't the PEOPLE see anything wrong with it when the administration(s) (both past and present) think they have the right to meddle in the affairs of other countries?

    --
    butter the donkey
  15. Re:A billion-dollar cultural deficit? by Opportunist · · Score: 2, Funny

    Of course not anymore since they gotta export every bit of it.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  16. kultur by rodentia · · Score: 2, Interesting


    If one regards the word in its general sense, without connotative value, cultural is just what is required here. In particular, US cultural production is rarely entertaining, but the Knight Rider is a *cultural* product. If it were identified as such more often, the market for it might shrink a bit. Certainly, fewer people would be inclined to allow their professional association with it. As it is, the work is written off as product analogous to the way current political discourse is written off as spin.

    --
    illegitimii non ingravare
  17. but we won't by rodentia · · Score: 2, Interesting


    I think we must work hard to roll back this term "IP". . .

    But we won't. We each want a chance to cash in before the tragedy. Particularly if it is down to geeks to intervene in the use of these terms, we will resist. Every programmer has a *big idea* and the desire to capitalize is not regarded as crass or dishonest, but a civic duty. If ideas aren't property, how can knowledge be valuable?

    Seductive, easy and wrong answers to that question abound.

    --
    illegitimii non ingravare
  18. Neither by rodentia · · Score: 2, Insightful


    The headline is a statement of fact. Unless one regards rhetoric as inherently perjorative ( a pernicious contemporary usage, mind) to say that the USTR report on IP is language intended to pursuade is hardly slant or editorializing. The Bush political appointee is merely doing his job.

    --
    illegitimii non ingravare
  19. and they say capitalism is not theft by rodentia · · Score: 2


    Capitalism posits one form of value: perceived value.

    Marxism posits two forms of value: exchange value and use value.

    The human organism exists in a matrix of overlapping values that, by the tacit statement of their poets, cannot be reduced to a unary or binary formalism.

    --
    illegitimii non ingravare
  20. HTTP Status 301 - http://copyright.ca by javaxjb · · Score: 2, Funny

    Moved Permanently Use http://copyright.us/

    --
    Programmers in mirror are brighter than they appear