Slashdot Mirror


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."

25 of 324 comments (clear)

  1. 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. 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.

  3. 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

      --
      Momentarily, the need for the construction of new light will no longer exist.
  4. 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 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.
    2. 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.

    3. 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.

  5. 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.
  6. 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.
  7. Re:51 st state? by BadAnalogyGuy · · Score: 5, Funny

    You're already American. North American!

    lol

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

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

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

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

  10. 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.

  11. 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.

  12. 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?"

  13. 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.

  14. 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.)

    --
    (1)DOCOMEFROM!2~.2'~#1WHILE:1<-"'?.1$.2'~'"':1/.1$.2'~#0"$#65535'"$"'"'&.1$.2'~'#0$#65535'"$#0'~#32767$#1"
  15. 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?

  16. 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.