Now or Never on Canadian Copyright

From Michael Geist:

Closing Time on C-11: Help Stop the Final Push for SOPA-Style Reforms & Efforts to Gut Fair Dealing

Thursday March 08, 2012

The long road of Canadian copyright reform is nearing an end as the Bill C-11 committee concluded hearing from witnesses yesterday and indicated that it will begin a "clause-by-clause" review of the bill starting on Monday. While there will still be some additional opportunities for debate - third reading in the House of Commons, Senate review - the reality is that next week's discussion will largely determine the future of Canadian copyright law.

For the thousands of Canadians that have participated in consultations and sent letters to their MPs, there is reason for concern. On one side, there are the major copyright lobby groups who have put forward a dizzying array of demands that would overhaul Bill C-11. As I described it in a post yesterday:

The net effect of the music industry demands represents more than a stunning overhaul of Bill C-11 as it is effectively calling for a radical reform of the Internet in Canada. Taken together, the proposals would require Internet providers to block access to foreign sites, take down content without court oversight, and disclose subscriber information without a warrant. On top of those demands, the industry also wants individuals to face unlimited statutory damages and pay a new iPod tax. If that were not enough, it also wants an expanded enabler provision that is so broadly defined as potentially capture social networking sites and search engines.

On the other side, there are groups such as Access Copyright that are calling on their members to urge the government and committee MPs to undo the Supreme Court of Canada's CCH decision on fair dealing.

Yesterday, it sent out a "call to action" that urges emails be sent to local MPs plus all members of the Bill C-11 committee calling for additional fair dealing changes that overturns the Supreme Court of Canada's CCH decision by establishing a new test to determine the scope of fair dealing.

While many of these demands are clearly far beyond "technical amendments" and should be ruled out of order, the last minute push must be met by Canadians who favour a balanced approach to copyright reform that retains the best of Bill C-11 and makes some modest changes to digital locks, the one remaining area of concern. My message to the MPs focuses on three simple principles:

1.   No SOPA-style amendments. That means no website blocking, no warrantless disclosure of subscriber information, no expanded enabler provision, no unlimited statutory damages, no iPod tax, and no content takedowns.

2.   Maintain the fair dealing balance found in C-11 by expanding the provision to include education, parody, and satire and relying on the Supreme Court's six-factor test to ensure that the dealing is fair.

3.   Amend the digital lock rules by following the Canadian Library Association's recommended change linking circumvention to actual copyright infringement.

The message is going to my local MP, the Ministers and to Bill C-11 committee members:

Christian.paradis@parl.gc.ca
James.moore@parl.gc.ca
Dean.delmastro@parl.gc.ca
Mike.lake@parl.gc.ca
Phil.mccoleman@parl.gc.ca
Peter.braid@parl.gc.ca
Rob.moore@parl.gc.ca
Scott.armstrong@parl.gc.ca
Paul.calandra@parl.gc.ca
Glenn.thibeault@parl.gc.ca   
Charlie.angus@parl.gc.ca
Tyrone.Benskin@parl.gc.ca
Pierre.Nantel@parl.gc.ca
Pierre.DionneLabelle@parl.gc.ca 
Andrew.Cash@parl.gc.ca
Geoff.regan@parl.gc.ca

(single email to the Ministers and committee members)

The final committee stage starts Monday. Make sure the MPs hear your voice as they discuss amendments to the bill.

Original Post

The Other Shoe Drops: Music Reps Want SOPA-Style Website Blocking Added To Copyright Bill

The Other Shoe Drops: Music Reps Want SOPA-Style Website Blocking Added To Copyright Bill: The Bill
C-11 committee
conducts its final witness hearing on copyright reform today and not a
moment too soon. Based on the demands from music industry witnesses
this week, shutting down the Internet must surely be coming next. The
week started with the Canadian Independent Music Association seeking changes to
the
enabler provision that would create liability risk for social
networking sites, search
engines, blogging platforms, video sites, and many other websites
featuring third party contributions. It also called for a new iPod tax,
an extension in the term
of copyright, a removal of protections for user generated content,
parody, and satire, as well as an unlimited
statutory damage awards and a content takedown system with no court
oversight. CIMA was followed by ADISQ, which wants its own lawful access
approach
that would require Internet providers to disclose subscriber
information without court oversight based on allegations of
infringement (the attack on fair dealing is covered in a separate post).


Yesterday the Canadian Music Publishers Association added to the demand
list by pulling out the SOPA playbook and calling for website blocking
provisions. Implausibly describing the demand as a "technical
amendment", the CMPA argued that Internet providers take an active role
in shaping the Internet traffic on their systems and therefore it wants
to "create a positive obligation for service providers to prevent the
use of their services to infringe copyright by offshore sites." If the
actual wording is as broad as the proposal (the CMPA acknowledged that
it has an alternate, more limited version), this would open the door to
blocking
thousands of legitimate sites. The CMPA admitted that the proposal
bears a similarity to SOPA and PIPA, but argued that it was narrower
than the controversial U.S. bills. While that may technically be true - SOPA
envisioned DNS blocking and targeting advertising and payment networks
- the website blocking provisions look a lot like the legislation
that sparked massive public protest.










The net effect of the music industry demands represents more than a
stunning overhaul of Bill C-11 as it is effectively calling for a
radical reform of the Internet in Canada. Taken together, the proposals
would require Internet providers to block access to foreign sites, take
down content without court oversight, and disclose subscriber
information without a warrant. On top of those demands, the industry
also wants individuals to face unlimited statutory damages and pay a
new iPod tax. It also wants an expanded
enabler provision that is so broadly defined as potentially capture
social networking sites and search engines.



When Bill C-32 was first introduced, Canadian Heritage Minister James
Moore famously characterized opponents as radical
extremists.
As the hearing on the bill nears its conclusion, it has become apparent
that the only radical extremism are music industry proposals that are so over-the-top that they have managed to make the digital lock rules look tame by comparison (which may have been the
intent). For Canadian concerned with copyright and the Internet, this
really is the final call as the bill will go to clause-by-clause review
next week.  Tell your MP and members
of the C-11 committee
to reject the industry's extreme demands and to ensure that the bill is
balanced by adding the Canadian Library Association's suggested
technical amendment to digital locks.

Be Afraid, Very Very Afraid!

 

http://youtu.be/bdtuBFtU1t8

TODAY IS THE DAY TO KILL ACTA

“Today is the day of global protest against ACTA, the Anti-Counterfeiting Trade Agreement, a copyright treaty negotiated in secret (even parliaments and other legislatures weren't allowed to see the the working drafts), and which many governments (include the American government) are planning to adopt without legislative approval or debate. ACTA represents a wish-list of legislative gifts to the entertainment industry, and will seriously undermine legitimate users of the Internet. It imposes criminal sanctions -- with jail time -- for people who violate copyright, including remixers and other legitimate artists and creators. ACTA requires governments to shut down legitimate websites whose users "aid and abet" copyright infringement, creating a regime of fear and censorship for sites that accept comments and other media from users and curtailing discussion and debate in order to maximize entertainment industry profits.”

From: TODAY IS THE DAY TO KILL ACTA

You can embed this form in your own website, too.

Stop ACTA & TPP: Tell your country's officials: NEVER use secretive trade agreements to meddle with the Internet. Our freedoms depend on it!

AfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBosnia and HerzegovinaBotswanaBrazilBritish Virgin IslandsBritish Indian Ocean TerritoryBruneiBulgariaBurkina FasoBurundiCambodiaCameroonCanadaCape VerdeCayman IslandsCentral African RepublicChadChileChinaChristmas IslandColombiaComoros IslandsCongo, Democratic Republic of theCongo, Republic of theCook IslandsCosta RicaCote D'ivoireCroatiaCubaCyprusCzech RepublicDenmarkDjiboutiDominicaDominican RepublicEast TimorEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEthiopiaFalkland Islands (Malvinas)Faroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuineaGuinea-BissauGuyanaHaitiHoly See (Vatican City State)HondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsraelItalyJamaicaJapanJordanKazakhstanKenyaKiribatiSouth KoreaKosovoKuwaitKyrgyzstanLaosLatviaLebanonLesothoLiberiaLiechtensteinLithuaniaLuxembourgMacauMacedoniaMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesiaMoldova, Republic ofMonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNetherlands AntillesNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorthern Mariana IslandsNorwayOmanPakistanPalauPanamaPapua New GuineaParaguayPeruPhilippinesPitcairn IslandPolandPortugalPuerto RicoQatarReunionRomaniaRussian FederationRwandaSaint Kitts and NevisSaint LuciaSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSpainSri LankaSt. HelenaSt. Pierre and MiquelonSudanSurinameSwazilandSwedenSwitzerlandSyriaTaiwanTajikistanTanzaniaThailandTogoTokelauTongaTrinidad and TobagoTunisiaTurkeyTurkmenistanTurks and Caicos IslandsTuvaluUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUruguayUzbekistanVanuatuVenezuelaViet NamVirgin Islands (U.S.)Wallis and Futuna IslandsWestern SaharaYemenZambiaZimbabwe I urge you to vote no on ACTA and to communicate its severe problems to your colleagues. ACTA's vague language locks us into obsolete copyright and patent laws, preventing democracies from updating their laws to unlock new economic and social opportunities.It criminalizes harmless remixes by ordinary users if they achieve 'a commercial scale' (art 2.14.1) which many amateur videos do on sites like Youtube. And it criminalizes legitimate websites by making them responsible for user behavior ('aiding and abetting' art 2.14.4).Worse, it permanently bypasses the democratic process by empowering the 'ACTA Committee' to 'propose amendments to [ACTA]' without your approval. (art 6.4) In other words, it's impossible to know what you're voting for.The global movement against the US law SOPA showed that internet freedom is a crucial issue which belongs in the legislative process of each country. You should view ACTA as an attempt by a handful of companies to circumvent the democratic process, and you should vote against it.Thank you. Please reply if you have any questions.

For European users, this form will email every MEP with a known email address.
Fight For The Future may contact you about future campaigns. We will never share your email with anyone. Privacy Policy

Stop The Cell Phone Squeeze

On the eve of a critical new wireless spectrum auction, we have reports that the Big Three cell phone giants (who already control almost 94% of the market) are trying to trick the government into shutting independent competitors out of the market. They’re trying to block competitors from being able to use essential wireless spectrum. These giant phone companies are going so far as to use high-priced lobbyists and one is even using a fake grassroots campaign.

More at http://stopthesqueeze.ca/

cheers
JJ

Help us keep Canada for Canadians

From Michael Geist:

“Canada celebrated New Year's Day this year by welcoming the likes of Ernest Hemingway and Carl Jung into the public domain just as European countries were celebrating the arrival of James Joyce and Virginia Woolf, 20 years after both entered the Canadian public domain. Canada's term of copyright meets the international standard of life of the author plus 50 years, which has now become a competitive advantage when compared to the United States, Australia, and Europe, which have copyright terms that extend an additional 20 years (without any evidence of additional public benefits).

In an interesting coincidence, the Canadian government filed notice of a public consultation on December 31, 2011 on the possible Canadian entry into the Trans Pacific Partnership negotiations, trade talks that could result in an extension in the term of copyright that would mean nothing new would enter the Canadian public domain until 2032 or beyond. The TPP covers a wide range of issues, but its intellectual property rules as contemplated by leaked U.S. drafts would extend the term of copyright, require even stricter digital lock rules, restrict trade in parallel imports, and increase various infringement penalties. As I noted last month, if Canada were to ratify the TPP, it would require another copyright bill to undo much of what the government is about to enact with Bill C-11.”  

More

Originally from: source

Victory! Boycott forces GoDaddy to drop its support for SOPA

 

Under intense pressure from an Internet-wide boycott, domain registrar GoDaddy has given the open Internet an early Christmas present: it's dropping its support for the Stop Online Piracy Act. The change was announced in a statement sent to Ars Technica:

Go Daddy is no longer supporting SOPA, the "Stop Online Piracy Act" currently working its way through U.S. Congress.

"Fighting online piracy is of the utmost importance, which is why Go Daddy has been working to help craft revisions to this legislation—but we can clearly do better," Warren Adelman, Go Daddy's newly appointed CEO, said. "It's very important that all Internet stakeholders work together on this. Getting it right is worth the wait. Go Daddy will support it when and if the Internet community supports it."

Ars Technica