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Monday June 16, 2008 |
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My weekly technology law column (Toronto Star version, homepage version) examines the role that U.S. pressure played leading up to the introduction of Bill C-61 last week. I argue that the bill is the result of an intense public and private campaign waged by the U.S. government to pressure Canada into following its much-criticized digital copyright model. The U.S. pressure has intensified in recent years, particularly since there is a growing international trend toward greater copyright flexibility with countries such as Japan, New Zealand, and Israel either implementing or considering more flexible copyright standards.
The public campaign was obvious. U.S. Ambassador to Canada David Wilkins was outspoken on the copyright issue, characterizing Canadian copyright law as the weakest in the G7 (despite the World Economic Forum ranking it ahead of the U.S.). The U.S. Trade Representatives Office (USTR) made Canada a fixture on its Special 301 Watch list, an annual compilation of countries that the U.S. believes have sub-standard intellectual property laws. The full list contains nearly 50 countries accounting for 4.4 billion people or approximately 70 percent of the world's population. Most prominently, last year U.S. Senators Dianne Feinstein and John Cornyn, along with California Governor Arnold Schwarzenegger, escalated the rhetoric on Canadian movie piracy, leading to legislative reform that took just three weeks to complete.
The private campaign was even more important. Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUponTagsShareViewMonday June 16, 2008 |
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Friday June 13, 2008 |
In the roughly 36 hours since the Canadian DMCA was introduced, the outrage from thousands of Canadians has been nothing short of remarkable. The CBC has picked up on the story, reporting on the surge in online protests that include approximately 10,000 new members of the Fair Copyright for Canada Facebook group (nearly 50,000 members as of this writing), over 4,000 letters and emails sent through Copyright for Canadians, hundreds of comments on articles in the mainstream press (and this blog), and a huge number of individual blog posts.
My sense is that the government still doesn't quite get it. The usual suspects generated the expected supportive press releases, yet simmering online are thousands of Canadians who are angry and who vote. There remains much work to be done - there will be opportunities for people in Calgary to meet Industry Minister Jim Prentice at his Calgary Stampede breakfast on July 5th, for residents of Guelph to make their voice heard in the fall by-election, and for Canadians across the country to participate in offline protests this fall. In the meantime (once again):
- Write to your MP, the Industry Minister, the Canadian Heritage Minister, and the Prime Minister. If you send an email, be sure to print it out and drop a copy in the mail (no stamp is needed - c/o House of Commons, Ottawa, ON, K1A0A6). If you are looking for a sample letter, visit Copyright for Canadians.
- Take 30 minutes from your summer, to meet directly with your MP. From late June through much of the summer, your MP will be back in your local community attending local events and making themselves available to meet with constituents. Give them a call and ask for a meeting. Every MP in the country should return to Ottawa in the fall having heard from their constituents on this issue.
- If you are not a member of the Fair Copyright for Canada Facebook group, join. If you are, consider joining or starting a local chapter and be sure to educate your friends and colleagues about the issue and starting working through the list of 30 things you can do.
Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUponTagsShareFriday June 13, 2008 |
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Friday June 13, 2008 |
Having had a few more hours to think about Industry Minister Jim Prentice's Canadian DMCA, I am left with one dominant feeling - betrayal. I have already highlighted the key provisions and coverage (and note that it will take some time to fully assess the implications of this bill) but it is immediately apparent that the concerns of thousands of Canadians - now over 45,000 on the Fair Copyright for Canada Facebook group alone - have been realized. If enacted, the Canadian DMCA would strongly encourage the use of technological locks and lawsuits. While Prentice has given a handful of new rights to Canadian consumers, each is subject to many limitations and undermined by the digital locks provisions that may effectively render the new rights meaningless.
So why is it a betrayal?
Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUponTagsShareViewFriday June 13, 2008 |
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Friday June 13, 2008 |
The amount of coverage and discussion about the Canadian DMCA has simply been overwhelming. You can view the actual introduction of the bill, local TV coverage, and national TV coverage. You can read mainstream media coverage (Globe, National Post, Toronto Star, Ottawa Citizen, Vancouver Sun, CBC), wire services coverage (UPI, Reuters, CEP), online media coverage (Ars Technica, Techdirt), newspaper editorials (Toronto Star supports the introduction), and commentary pieces (mine, Terence Corcoran's in the National Post). You can read Industry Minister Jim Prentice's quick reference in the House of Commons to support from copyright lobby groups and the support itself (music industry, BSA, ACTRA). You can read the comments from groups that oppose the bill (Canadian Library Association, Canadian Music Creators Coalition, Documentary Organization of Canada, CIPPIC, Appropriation Art). You can read commentary from profs (Trosow, Murray) and bloggers (Ingram, Doctorow, McOrmond, CopyrightWatch) and screenwriters (Hey Writer Boy). You can also read the bill.
And when you're done reading, start speaking out. Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUponTagsShareFriday June 13, 2008 |
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