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EU Demands Canada Gut Its Copyright and Patent Laws

An anonymous reader writes "Late last year, a draft of the European Union proposal for the intellectual property chapter of Canada, EU Comprehensive Economic Trade Agreement, leaked online. The leak revealed that the EU was seeking some significant changes to Canadian IP laws. Negotiations have continued and Michael Geist has now obtained an updated copy of the draft chapter, complete with proposals from both the EU and Canada. He says the breadth of the demands is stunning — the EU is demanding nothing less than a complete overhaul of Canadian IP laws including copyright, trademark, databases, patent, geographic indications, and even plant variety rights."

39 of 324 comments (clear)

  1. Our new overlords by app13b0y · · Score: 3, Funny

    I, for one, welcome our new EU Overlords!

  2. Wow by TubeSteak · · Score: 4, Insightful

    Global harmonization through treaties is creating a race to the bottom as far as the citizen's general welfare is concerned.

    I can't imagine why Canada is still negotiating such a treaty when it seems to be so insanely one-sided.

    --
    [Fuck Beta]
    o0t!
    1. Re:Wow by future+assassin · · Score: 5, Insightful

      Because our gov. cares more about the well being of corporations then its citizens. Nothing new here but I think in the next 15 years will be a huge turning point around the world towards corporations controlling more and more of our lives. I'm ready for showdown, my parents did it in the early 80's in Poland and I'm ready to take their attitude towards corporate governments.

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    2. Re:Wow by DigiShaman · · Score: 3, Insightful

      Because our gov. cares more about the well being of corporations then its citizens

      No, they (politicians) care about themselves first and foremost. Corporation provide kick-backs and bribes, individual citizens don't so much. In the end however, they don't give a rats ass about either. They end up getting fucked over anyways in the form of nullifying laws and regulations.

      --
      Life is not for the lazy.
  3. Feh by Reed+Solomon · · Score: 4, Funny

    Well, they also demanded we stop the seal hunt. Are they going to request that we all wear visors while playing hockey too? Honestly. How naive.

    1. Re:Feh by blind+monkey+3 · · Score: 5, Insightful

      There's a difference with this and seal hunts, corporations make money if seal hunts remain, corporations make money if copyright and patent laws are changed. The corporations will be on the other side for this.
      I suspect your government knows who to listen to, just as ours do.

      --
      BM3
    2. Re:Feh by Reed+Solomon · · Score: 5, Interesting

      corporations make money if the seal hunt remains?

      really?

      corporations?

      hahahahahahahah.

      The seal hunt has never been about profitability. Most seal hunters, while they hope to profit, are hardly corporations making tons of cash. For aboriginals and the atlantic sealers its a tradition and way of life.

      Seals are hardly going extinct. And in fact high seal numbers might be threatening populations of less photogenic animals.

      The real "corporations" are PETA and their ilk. They make the real money.

  4. I can't remember... by tsotha · · Score: 4, Insightful

    How do you say "fuck off" in Canadian?

    1. Re:I can't remember... by Goldberg's+Pants · · Score: 5, Funny

      "Fuck off, eh!"

    2. Re:I can't remember... by shutdown+-p+now · · Score: 4, Informative

      "Excuse me, sir, but would you please be so kind as to fuck off? Sorry to bother you again."

    3. Re:I can't remember... by QRDeNameland · · Score: 5, Informative

      How do you say "fuck off" in Canadian?

      Fuddle Duddle

      --
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  5. What the hell? by Goldberg's+Pants · · Score: 5, Insightful

    Seriously, as a Canadian this disgusts me. The EU, the US... What the hell gives these assholes the right to demand ANYTHING?

    Makes me absolutely sick to read this. There is nothing wrong with Canada's laws. And that is exactly why they want it changed, so there IS something wrong with it to throw the balance off hugely in favour of coporations.

    Despicable.

    1. Re:What the hell? by fatwilbur · · Score: 3, Insightful

      Unfortunately, they can do (try) this because they are our customers. Canada's place in the economic world revolves around one thing - we have lots of natural resources that we can sell to other countries. We make so much money selling our stuff (oil, trees, etc.) that we try to place nice so you'll keep making us rich. You should know this as an Albertan ;-) It's pretty much the reason we follow step what the US is doing. Eurpoe doesn't have nearly as much leverage as the US, but Canada is looking to diversify trading partners...

    2. Re:What the hell? by Hurricane78 · · Score: 4, Insightful

      Germany here.
      Despite the fact that we didn’t ever elect them, they are called “our” government.
      Actually, they are more like your enemies.
      So if you ever need to throw over the EU pseudo-government, you got allies here.
      Just beware, that the reason this is like it is in the first place, is that most people here are cattle too, and we’re not the ones herding them.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    3. Re:What the hell? by shutdown+-p+now · · Score: 5, Funny

      Seriously, as a Canadian this disgusts me. The EU, the US... What the hell gives these assholes the right to demand ANYTHING?

      Calm down, mate. If a chief of some remote Polynesian tribe demands tomorrow that all the pale-skins from the Great White North shall submit to the will of his powerful god Yaka-Yaka, or else suffer his wrath, are you going to pay attention as well?

      If not, then treat this case the same way. After all, fundamentally, it is the same.

    4. Re:What the hell? by pydev · · Score: 4, Interesting

      Exports from Canada to the EU are small, and imports from the EU to Canada are also economically insignificant; nearly 80% of Canada's exports go to the US.. The EU doesn't "need" Canada. But the EU could make life pretty unpleasant for Canadians in principle if it starts cancelling other agreements: travel, currency exchange, access to markets, landing rights, port privileges, etc. If Europe and Canada stop cooperating, Canada will degenerate into an appendage of the US even more so than it already is. For Europe, it would simply mean the loss of a fairly small trading partner. Big deal.

  6. Just when you thought there was a glimmer of hope by Sparx139 · · Score: 4, Funny

    And to think that the EU had taken such a great stand with the ACTA. Then this has to happen.

    --
    Our culture doesn't get smarter, it just finds new ways of being retarded.
  7. Re:WTH by ibsteve2u · · Score: 3, Insightful

    Don't ever give in. As a U.S. citizen, I am fully aware of an approaching need for someplace to run - not from socialism, but from corporate fascism.

    --
    Orwell: "In a Time of Universal Deceit, telling the Truth is a Revolutionary Act"
  8. Re:Overestimating their power by maxwell+demon · · Score: 5, Insightful

    Well, it's a treaty. All the Canadians have to do is to not sign it.

    --
    The Tao of math: The numbers you can count are not the real numbers.
  9. Re:51 st state? by BadAnalogyGuy · · Score: 5, Funny

    You're already American. North American!

    lol

  10. The Berne Convention? by zlel · · Score: 3, Insightful

    Is copyright ancillary to the author, or the author ancillary to the copyright? If human lifespan in becoming longer, shouldn't copyright extensions past an author's life be shortened instead of lengthened? Or does it still hold that the good die young?

  11. Re:Overestimating their power by TheCowSaysMooNotBoo · · Score: 5, Funny

    and what is the EU going to do? Give them a very dirty look?

  12. Re:51 st state? by shutdown+-p+now · · Score: 3, Interesting

    It's okay, if what I've seen in BC and Ontario is anything to go buy, the rest of Canada would pay you guys to take Alberta in.

    Now if they can also somehow ship Quebec off to France, I think it'll be all settled.

    ~

  13. Re:Overestimating their power by Anonymous Coward · · Score: 4, Funny

    Sign Ze Treaty or We Will Taunt You A Second Time!

  14. Commission vs Parliament by Per+Abrahamsen · · Score: 4, Informative

    The EU Commission is a non-elected body which has as it sole mandate[1] to restrict the rights of citizens, and extend the rights of EU based corporations. It is the Commission that negotiate these treaties, and in general propose new legislation.

    The EU Parliament is an elected body which cannot propose new legislation, but can, and sometimes do, block the proposals from the commission. The good stuff you hear from the EU is usually from the Parliament, but they contribute their share of crap as well, as parliaments do everywhere.

    [1] Judging by its actions.

  15. Let me guess... by calmofthestorm · · Score: 3, Insightful

    ...it doesn't involve granting more protections to the consumer or public interest.

    --
    93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
  16. Re:51 st state? by maxwell+demon · · Score: 3, Insightful

    US-American?

    --
    The Tao of math: The numbers you can count are not the real numbers.
  17. Re:Since when? by GumphMaster · · Score: 3, Interesting

    It is, in the same way that Australia was treated as an extension of the USA during the "negotiation" of last "free" trade agreement between our nations. The result? Australia ended up with a DMCA-wannabe and extended copyright terms or lost other trade items. I particularly like the "Australia's IP laws will be substantially harmonised with the world’s largest intellectual property market, and a global leader in innovation and creative products." arse-kissing exercise. I'm sure that any Canada-EU equivalent will contain similar gems in English and French!

    http://www.dfat.gov.au/trade/negotiations/us_fta/outcomes/08_intellectual_property.html

    --
    Patent litigation: A doctrine of Mutually Assured Destruction... in which everyone seems willing to push the button
  18. Re:51 st state? by Alexandra+Erenhart · · Score: 3, Informative

    There is one in spanish: estadounidense :P

  19. Policy laundering by Geof · · Score: 5, Insightful

    Well, it's a treaty. All the Canadians have to do is to not sign it.

    In many cases this is a myth, a nice fiction we can tell ourselves to make us feel better. Treaties can be convenient way for governments to institute unpopular measures. Here's how it works:

    1. The government negotiates and signs the treaty. This can be done without any democratic oversight, as in the case of ACTA, because no legislation is being passed. (In some countries treaties can act as law without implementing legislation, but I'm pretty sure this is not the case in Canada.)
    2. The government signs the treaty. Again, no legislation is passed, so the this may be done unilaterally by the government or by a few individuals within it.
    3. Legislation is drawn up to implement the treaty. At this point, any democratic opposition is met with claims this is a "done deal". We signed the treaty and are obliged to live up to our international obligations with our trade partners. Trust us, it was the best deal we could get! (See policy laundering).
    4. Once implemented, the country is locked in: at that point we really do have obligations to other countries (conveniently, they also have obligations to us!). Treaties ratchet policy in one direction only.

    Keep in mind that the real push for this comes from multinational media corporations. Governments are not negotiating as independent actors: these corporations intervene on all sides to coordinate and even draft proposals. What we really have is a group of likeminded businesses who operate in concert using individual countries as a front. The treaty then appears to be the result of self-interested negotiations between independent actors: in fact the aim is to stage-manage it to appear that way. Given a means to diffuse opposition (e.g. policy laundering), governments - or, more specifically, the relevant politicians and bureaucrats within governments - may find that lobbyists make sure it is in their personal interest to cooperate.

    I have no personal knowledge of how this treaty is being negotiated. I am not accusing anyone of anything. I hope that the relevant individuals in government are representing the interests of Canadians. But I have no doubt this is the kind of thing the usual suspects are trying to pull. In which case the suggestion that "we can just say no" neatly conceals what's really happening.

    One final point: Canada is in no way the equal of the EU. The EU has over 500 million people to Canada's 32 million. We tend to anthropomorphize negotiations as though countries were freely contracting equal citizens. They aren't. They are unequal powers.

    1. Re:Policy laundering by moonbender · · Score: 3, Interesting

      The lock-in is the worst aspect by far. If the government has the majorities to ratify a treaty, fair enough, that's how government and legislation works. However, a few years later, majorities may shift and the former opposition is now the majority. But due to the way the treaty is designed, they might have a very difficult time repealing the treaty and its legislation. So the treaty effectively increases the length of a government's term of power. I guess there should be some constitutional limits to treaties above and beyond those for normal laws. (IANAL, so maybe those already exist in many countries.)

      --
      Switch back to Slashdot's D1 system.
  20. Re:Our new overlords (a different meme) by c6gunner · · Score: 5, Funny

    Would that be "Up yours, mate!" or "May I have some more, sir?"

    You're thinking of Australia. Our response would be "Up yours, eh?"

  21. Dear World by whisper_jeff · · Score: 5, Interesting

    Dear World,

    As one of the few countries in the world whose economy is not absolutely sitting in the toilet, we, the People of Canada, would like to politely ask you all to fuck off, eh. We appreciate your opinions on our intellectual property laws but, given that we're not bordering on bankruptcy and/or forcing our people to live in a Nanny-state like the rest of you seem to be, we are forced to assume we must be doing something right while the rest of you aren't exactly laying down templates of "how it should be done."

    We do apologize for the broad generalizations that may be made in this message but, really, the point remains - fuck off, eh. Mind your own damn business and we'll mind our own. We've done pretty well at minding our business and are just fine with things as they are. Thanks.

    Sincerely and respectfully, Canada.

  22. Re:Overestimating their power by ais523 · · Score: 4, Interesting

    I seem to remember (which means, I don't have a reliable source...) that last time there was a dispute between the EU and the US about trade tariffs, the EU went and put a relatively large (around 50%) tax on a whole list of implausible-seeming products. The only connection between them is that they were each important to the economy of a swing state in the (then-upcoming) US election; the EU was trying to put pressure on the incumbents to accede to their demands or be voted out by their own citizens. (I ran into this problem when trying to import some embedded microprocessors from the US to the UK; it was necessary to decide whether they were handheld computers without a calculator function (very low import duty rate), or handheld computers with a calculator function (much higher import duty rate). In the end, I think they qualified as non-calculators.)

    --
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  23. Re:South of the Border by Shrike82 · · Score: 3, Funny

    Present the digitus impudicus.

    You hit the nail on the head. If Canada don't comply we'll set Harry Potter and his school chums on you...

    --
    You can advertise in this sig from as little as £99.99 a month!
  24. Or What? by DarthVain · · Score: 3, Informative

    Seriously. The USA is by FAR our biggest trading partner. They have been trying to bend us over for years about IP, Copyright and Patent law. If we are not about to capitulate the them, what makes the EU think we give a flying fuck what they say....

  25. Re:Fuck their tradition, fuck their way of life. by Abcd1234 · · Score: 4, Informative

    Shooting them is A) the most humane way to go about it

    Actually, fun fact: Shooting them isn't necessarily the most humane way to go about it. The problem is that, unless you're a very good shot, you're far more likely to wound the animal rather than killing it outright. But a well-placed strike with a hakapik is very quick and effective in trained hands, comparable with established and acceptable humane killing practices according to the Agreement on International Humane Trapping Standards.

    As you say, though, the whole thing is massively overblown thanks to organizations like PETA. Hell, in that wikipedia link, there's a rather interesting quote from a WWF study on seal hunting practices:

    In 2005, the World Wildlife Fund (WWF) commissioned the Independent Veterinarians Working Group Report. With reference to video evidence, the report states: "Perception of the seal hunt seems to be based largely on emotion, and on visual images that are often difficult even for experienced observers to interpret with certainty. While a hakapik strike on the skull of a seal appears brutal, it is humane if it achieves rapid, irreversible loss of consciousness leading to death."[91]

    But, hey, what does the WWF know?

  26. Re:What about the power of US? by shutdown+-p+now · · Score: 4, Informative

    Canadian IP laws explicitly legalize fair use (e.g. format-shifting), and even limited nonprofit sharing of copyrighted works (due to fee on "recordable media"). Canada doesn't have software patents, nor any kind of DMCA-like anti-circumvention provision.

    In what way do Canadian laws "mirror those in the US"? If anything, I'd say it's one of the better countries in terms of those, which is precisely why USA govt has been throwing a hissy fit about Canadian IP laws for several years now.

  27. Re:Overestimating their power by shutdown+-p+now · · Score: 3, Insightful

    You guys really should read up on international politics once in a while. Not only does the EU wield enough power to do this, they have already done this against the US with steel- the European Union is estimated at 500 million people (2010), that is a really big export market, taxes need not rise 4000% to get the message across.

    Canada primarily deals with U.S., any EU economic ties are relatively marginal compared to that. It's not really a big stick. Oh, sure, it would hurt, but nowhere near enough, especially since, once it's applied, it would become a matter of principle to not give in.

    Also, such measures hurt the one applying them as well. Which is why they can only be used with noticeable effect in a situation where the other side is at a significant disadvantage (e.g. they primarily export to you, but you import from nay other places). Which is not the case here.

    Then, of course, the laws being demanded would also have an economic effect, and one could easily argue that it would be negative overall.