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Delays to Canadian DMCA Could Doom Act

Jabbrwokk writes "Michael Geist reports legislation to create a Canadian version of the Digital Millennium Copyright Act has been delayed again, possibly because of massive public outcry, and possibly even because of opposition from the industry itself. Canada's biggest ISPs have banded together to oppose the proposed new legislation and suggest their own solution, which include allowances for expanded fair dealing, private copying, no liability for ISPs and legislation that concentrates its wrath on commercial pirates instead of penny-ante downloaders and seeders.'"

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  1. Re:Once more ... by pokerdad · · Score: 5, Interesting

    Most telling is how the ISPs and judges have stood on these issues in the past. A judge in Canada recently compared the use of file sharing software having illegal uses to a photocopier in a library being usable for illegally reproducing entire books. Do you remove photocopiers from libraries just because they could be used for illegal purposes? Exactly.

    While I agree with you, I think there is an important point to be made about why this is much more possible in Canada that the US.

    In the US 90% of all media are controlled by just six companies; they make virtually all the movies, music, and television seen by Americans. They also have a sizable stake of the ISP business. This gives them both economic motive to accert the kind of control they do, and the muscle to do it (both monetary muscle, and the immense power they can have over public opinion via what they choose to put on the news).

    In Canada the situation is very different. We don't have any media conglomerates comparable to those in the states. Our movie industry, after being practically dead for half a century, exists now primarly as a cheap shooting location for American productions. While we have a music industry, in every measurable way foreign, especially American, music has dominated for a very long time. While we have plenty of home grown television stations, except for cbc they tend to show only as much Canadian content as CRTC regulations require; its quite telling that of the top 20 shows in Canada the past few years only two are Canadian (Hockey Night in Canada and Corner Gas), and before Corner Gas became such a hit HNIC spent something like a decade all alone.

    In a very real way there is a huge irony to the way American media companies have come to hate Canada. The situation in Canada, where we only produce a tiny fraction of the media we view, is entirely because of economic bullying from American content producers; quite simply they drove Canadian companies out of business. So our media companies have practically no stake in the production of content and as such barely care about things like DMCA. The media companies not having a stake means that not only do they not see draconian measures as not helping them, but it would hurt them in so far as it would create expenses for them with little reward.

    On more than one occassion various industry groups in the US have threatened to cut Canada off if we don't do something about copyright infringement. And while I really don't think they have the balls to do it, I think it would benefit us greatly if it did; possibly breathing new life into industries long dominated by American content.