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US Group Calls Canada a Top Copyright Violator

eldurbarn tips a CBC story reporting that the US-based International Intellectual Property Alliance claims Canada has joined Russia and China among the biggest violators of US copyright law. Quoting: "The group's report is the latest to urge the US government into pressuring Ottawa to reform copyright laws." As we have previously discussed here, the current Conservative government had planned to introduce a new copyright law, but dissent from the privacy commissioner and a groundswell of public protest delayed that action. eldurbarn adds, "What makes this story so important now is that this pressure is being applied at a time and in a manner that may cause the Canadian government to fall, forcing an election." Meanwhile, on the other side of the rapidly heating debate, Michael Geist blogs about the forces arrayed against a Canadian DMCA. The Business Coalition for Balanced Copyright, which includes a who's who of the telecom, Internet, retail, and broadcast communities, has outlined a list of its copyright reform demands.

23 of 293 comments (clear)

  1. FUCK copyright law. by jez9999 · · Score: 4, Interesting

    Seriously, isn't that what you want to hear a politician just come out with? I'm so sick of greedy pricks in suits going around attacking anyone and everyone for infringing on their precious IP, and getting quoted in the media. Ignore them, for god's sake.

    1. Re:FUCK copyright law. by Yetihehe · · Score: 4, Funny

      Seriously, isn't that what you want to hear a politician just come out with? I'm so sick of greedy pricks in suits going around attacking anyone and everyone for infringing on their precious IP, and getting quoted in the media. Ignore them, for god's sake.
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    2. Re:FUCK copyright law. by Midnight+Thunder · · Score: 5, Insightful

      Seriously, isn't that what you want to hear a politician just come out with? I'm so sick of greedy pricks in suits going around attacking anyone and everyone for infringing on their precious IP, and getting quoted in the media. Ignore them, for god's sake.

      There are some politicians in the US who don't seem to understand the Canada is a soverign country, not under US rule. Maybe they do understand and are simply peeved about it. As a soverign country we do as we please, and we believe that copyright holders can either charge a copyright levy or sue copyright violators, but not both.

      --
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    3. Re:FUCK copyright law. by belmolis · · Score: 4, Informative

      This is B.S. on many levels. To begin with, in many respects Canadian copyright law is stronger than that of the U.S. In any case, Canada has no obligation to conform to the WIPO treaty. Canada has signed the WIPO treaty but has not ratified it. Signing a treaty merely indicates the intention of the then current government. As the Hon. Jim Prentice, the Minister responsible for this file, commented, the relationship between signing a treaty and ratifying it is like that between dating and marriage. Nothing is binding until the treaty is ratified, and Canada has never ratified the WIPO treaty.

      As to fulfilling treaty obligations, for the US to complain about Canada is a case of the pot calling the kettle black. Take the softwood lumber dispute, for example. The US illegally imposed billions of dollars in tariffs and planned, illegally, to give them to US lumber companies. The US consistently lost at the NAFTA dispute panel, even though three of the five panel members were Americans. The dispute was temporarily resolved when the new Conservative minority government gave in to the US in spite of being in the right legally, but the US is making trouble again and there is a good chance that the agreement will not last.

  2. What makes them think... by IceRa · · Score: 5, Insightful

    that US copyright law applies in Canada??

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    1. Re:What makes them think... by Ubergrendle · · Score: 5, Insightful

      This issue is that lobby groups in the US are trying to influence trade policy, to force Canada to fall in line. Canada has had to keep up with alot of WIPO / WTO copyright changes over the years just to stay a member. The US could easily say "well if you don't honour our IP, we won't let you trade lumber...".

      The US, being the largest economic superpower (still!), and our largest trading partner, has alot of leverage that they're not afraid of using. You know that softwood lumber dispute? The one that the US lost at NAFTA, WTO, etc time and time again? The US just stonewalled Canada...we eventually conceded some tariffs in the interest of saving our domestic industries, even though by every treaty under the sun we were free and clear.

      Canada has a number of laws making copyright work for the benefit of society. I don't agree with all of them, but I understand their purpose. The first is CANCON, laws promoting the distribution of Canadian generated media based on quotas. e.g. Don't meet a quota, you lose your broadcast license.

      There's practical exceptions too. Copyright is null-and-void for organisations translating media into formats that make them accessible to visually or audio-impaired individuals. e.g. Library can MAKE books on tape for subjects that might not be commercially availably; or they can reprint large font editions.

      I worry that our relaxed personal use copyright laws are in jeopardy on a daily basis. Fortuntely the Canadian government is slightly more accessible to the public than the US congress, so we hve some safeguards in place. (note: i said ~slightly~)

      --
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  3. Breaking American Laws by camperdave · · Score: 4, Insightful

    They are aware that Canada is a separate country, right? US laws do not apply here.

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    1. Re:Breaking American Laws by srmalloy · · Score: 4, Informative

      ...and that Canadians pay a tax on blank recording media that was imposed to compensate copyright holders for the presumed use of the media to make unauthorized copies. So it's possible that either Canada has been holding on to the revenue from that tax, or, more likely, the RIAA/MPAA feels that the tax does not "fully compensate" them for the multi-thousand-dollar 'loss' from the existence of a bootleg copy of a CD.

    2. Re:Breaking American Laws by whisper_jeff · · Score: 4, Informative

      "So it's possible that either Canada has been holding on to the revenue from that tax, or, more likely, the RIA of America/MPA of America feels that the tax does not "fully compensate" them for the multi-thousand-dollar 'loss' from the existence of a bootleg copy of a CD."

      (slight edit and emphasis mine)

      The RIAA and MPAA are not welcome to a single cent of the tax we pay on blank media. It's a Canadian tax. It goes to the CRIA ( you know, the Canadian Recording Industry Association) (and presumably other Canadian organizations).

    3. Re:Breaking American Laws by SimonGhent · · Score: 5, Funny

      The RIAA and MPAA are not welcome to a single cent of the tax we pay on blank media. It's a Canadian tax. It goes to the CRIA ( you know, the Canadian Recording Industry Association) (and presumably other Canadian organizations).

      Which presumably goes to support the likes of Bryan Adams and Celine Dion?

      I'd rather it went to the RIAA, MPAA, Microsoft, Al-Qaeda or hell... pretty much anyone!

      --
      simon
  4. How dare Canada introduce the DMCA? by Malevolent+Tester · · Score: 5, Insightful

    It's the British government's job to kowtow shamelessly to American commercial interests. Who do these colonials think they are? They'll be wanting to extradite innocent people next.

    --
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    1. Re:How dare Canada introduce the DMCA? by Tony+Hoyle · · Score: 5, Informative

      You're not up to date. The US no longer has to apply for extradition.. in fact it's perfectly legal for them to send bounty hunters over here, grab who they want, and ship them back to the US for tort.. err, sorry.. humane treatment. (Source).

      It is of course not legal for the UK to reciprocate.

  5. Non-sense by aepervius · · Score: 4, Informative

    Quote : Canada has joined Russia and China as the biggest violators of U.S. copyright law

    Cannada CANNOT break (grammatically error on country placement inserted intentionally) copyright US law, anymore than an US as a country cannot break coypright new-guinea law . What could happen is that somebody could infringe on the copyright held by somebody else in another country, which means (if I recall correctly WIPO) that a Canadian could at most only break a canadian law on respecting other country copyright. A country can only break international Agreement (like WIPO agreement). So the above quoted line is wrong on the citizen [of the country] level, and it is wrong on the country level. Beside that, it is only propaganda from US copyright holder to put pressure on foreign government or require their paid-off US lawmaker to put pressure on those countries.

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  6. Not invented here == BAD by redelm · · Score: 4, Insightful
    Well, of course US lawyers might look at Canadian copyright law and find it lacking compared to US law. It will be unfamiliar, and will lack the Sonny Bono [Disney] quasi-perpetuity extention.

    Please note that Canadian lawyers (who enjoy generally greater social respect) will look at US law and find it similarly lacking. But do not have the insufferable American arrogance to claim their national laws should somehow govern all.

    Canada is a different country with different norms and practices. Superficial language similarities mask much deeper fundamental differences. In copyright, Canada has a CD tax to compensate artists for such personal copies. The US does too (Music CD blanks), but it is little enforced.

    As long as both the US and Canada conform to WIPO, neither has reasonable complaint of the others' national customizations. Utter arrogance and extraterritoriality to maintain otherwise.

  7. In other news.... by Sepiraph · · Score: 5, Insightful

    Canadian Group Calls U.S.A. a Top Humans Rights Violator.

  8. Violator of US Law by whisper_jeff · · Score: 5, Insightful

    Canada is one of the biggest violators of US copyright law? That's ok - the US is one of the biggest violators of Canadian tax law. Oh, wait. What's that? The US isn't bound by Canadian tax laws? Oh. Interesting that. I guess that sort of thing tends to happen when your a different country and make your own laws...

  9. age old recipe applied again and again... by presarioD · · Score: 4, Insightful

    ... so why the fuss?

    It used to be done in secret diplomatic meetings and under a cover of foreign relations when big corporate interests dictated their agenda through government mouthpieces, usually with the threat of military/economic pressure looming in the horizon. Their favorite government of choice to carry their agenda was of course US. Now either because governments are too inefficient to flex rapidly or because vote-counting hasn't been "modernized" yet (Diebold anyone?) and most of all because even the most successful PR campaigns always take a finite amount of time to sway public opinion in desirable directions (e.g. took years to convince americans that Iraq was behind 9/11) corporate interests have taken it upon themselves to apply their gunboat diplomacy.

    Who needs official government representatives meeting each other anymore when articles written by a lobby team in the US can bring a foreign government down? What is outrageous to the average ./er (not to the general public dare I say...) is that they can't believe anymore in the fairytale of corporate capitalism and what a wonderful world it builds for all of us. They see the signs of a vicious fascism creeping everywhere and how even justice and liberty have become commodities to be bought and sold to the highest bidder... well well well... bonne journée!

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  10. Being a Canadian citizen all I have to say is.... by hilather · · Score: 4, Insightful

    So?

  11. Re:Do you smell that? by betterunixthanunix · · Score: 4, Interesting
    Economists love to talk about "loss" due to an item not being sold. Yes, according to economists, accountants, and the companies they work for, you can turn a profit and still take a loss. You could sell your entire stock, but it would be considered a loss if you could have sold it all twice as fast.

    It is basically changing the meaning of the word, "loss." The record companies "lose $511 million per year due to copyright infringement" actually translates to, "had all the songs that were downloaded in a given year been purchased at the current market rate, the record companies would have made $511 million more than they did." For someone who is aware of the economist's meaning of "loss," this is obvious and the record companies don't seem that badly off (imagine if they said that they were actually spending $500 million more than they were taking in; they would be going bankrupt). For someone who is not aware of it, it is deceptive -- it makes it sound like the record companies are in serious financial peril, which is about as far from the truth as claiming that 2+2 = -8 i. That's what the companies want, of course.

    Of course, even the economic sense of the word "loss" is dishonest, because the sales probably wouldn't have happened, especially in the case of students or people living in China (where the price of a CD is, for some people, equivalent to 1 week's pay).

    --
    Palm trees and 8
  12. Yeah! Canada wins again! by loftwyr · · Score: 5, Funny

    We're number one! We're number one! We're number one!

    You other American law breaking countries never had a chance!

  13. Again? by IBBoard · · Score: 4, Insightful

    Canada is the top copyright violator (overlooking the 'minor' flaw that the copyright laws don't apply in their country since it is US copyright) according to some US group again? I thought Canada had had this label for years?

    I say "good on them" for sticking to their own copyright system (for now). I can't remember the last time our (British) government did something that stood up against the Americans.

  14. Sovereignty is overrated. by Jesus_666 · · Score: 4, Funny

    If I was a Canadian politician I would point out instances where US citizens inside the USA violate Canadian law.


    As a German, I can just point out that many Americans are in gross violation of German road traffic law (for example, they're overtaking on the right side all the time) as well as German gun regulations. Also, no American carries an ID card compliant with 1-2, PersAuswG (the German ID card law). Those violations have to stop immediately!

    Also, most American laws are not written in the German language, which is at odds with the German basic law. What kind of rogue country are the USA?

    --
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  15. FUCK OFF by Bazouel · · Score: 4, Insightful

    Seriously, as a Canadian, I say FUCK YOU. Keep your shit south of the border, thank you very much.

    We are sick and tired of this kind of arrogance.

    --
    Intelligence shared is intelligence squared.