Canadian Bill Made In The USA

The Harper government is set to introduce their newly ‘Made-in-the-USA’ Copyright Bill before the House stands for the summer.  While the majority of hard-working Canadians concerned with copyright are not privy to either the contents or the scheduling of this Bill (User groups , Librarians, Federation of Students, Academics, Appropriation Art etc)  it appears that the same cannot be said for Industry. Over the past weeks (and indeed months) a well choreographed series of scheduled ‘events’ has taken place by pro-American influenced organizations, Lobbyists, American Government officials and even President Bush himself. 

First indication to “outsiders”.  This occurred on April 28 at a  conference entitled Intellectual Property Reform: Innovation And The Economy at the Public Policy Forum (PPF).  James Rajotte, Conservative MP and Chair of the Standing Committee on Industry stated that the Harper Conservatives planned to introduce a Copyright Bill before  summer.  Rajotte assured the audience that the government was working toward a balanced approach in the forthcoming bill. 

This week.   A new coalition of Pharmaceutical, Tobacco  and Entertainment companies and lobby groups step forward. This coalition, which also includes Microsoft ( no surprise) and ebay (big surprise), was organized by the Chamber of Commerce.  The group is calling for more restrictive copyright, more privatization of IP and fewer rights for users. Chamber of Commerce President and Chief Executive Officer is longtime Conservative insider Perrin Beatty. The announcement of this new coalition days before legislation is to be introduced signals that at least some groups are being briefed on both content and scheduling of the new bill.

May 16, 2008.   The Congressional International Anti-Piracy Caucus puts Canada on a Priority Watch List along with Russia and China. 

The Congressional International Anti-Piracy Caucus is a bipartisan and bicameral group committed to protecting American intellectual property and reducing the scourge of piracy abroad.

Data available on OpenSecrets.Org.    Career total contributions to Congressional Anti-Piracy Caucus Member Campaigns from the TV, Film and Music industry are in excess of $19 million.  The four Co-Chairs alone have received $1,260,676.    Congressional Co-Chairs Senators Joe Biden ($381,266.00), Gordon Smith ($255,439.00), Congressmen Bob Goodlatte ($209,886.00) and Adam Schiff ($414,085.00).  Clearly when a group of politicians so dependent on a single industry unveils a “Congressional International Anti-Piracy Caucus 2007 Watch List.” the notion of an ‘ unbiased and independent report’ becomes meaningless. 

May 15, 2008.    The Watch List is pre-released on the RIAA (Recording Industry Association of America) website the day BEFORE it appears on the Caucus website.   This leaves  little doubt as to the relationship this caucus has with the Entertainment industry. According to the RIAA website:

Joining China and Russia in “the ignominious three” is Canada which, notwithstanding numerous public announcements, has failed to join the rest of its partners in the developed world in modernizing its copyright laws to address the challenges — and to seize the opportunities — of the digital age.

May 07, 2008.  Canadian Parliamentary IP Caucus meets with Americans…but where are the Canadians?   The IP Caucus, co-chaired by Liberal MP Dan McTeague  and Conservative Gord Brown accepts presentations from four representatives.  These presentations are from the U.S. Embassy as well as speakers from the Entertainment Software Association.   The IP Caucus have yet to  invite representatives from the canadian education or canadian consumer communities.  (the lone voice being Michael Geist, who gave a presentation on May 15).

Ambassador David Wilkins confirms that copyright was discussed at the North American Leaders Summit meeting in New Orleans  on April 21, 22.  He states   “it’s not been a secret we’ve been advocating stronger copyright, that’s been an ongoing discussion.” By advocating, he clearly means pressure. By ‘stronger copyright’ he means ‘American-style’ copyright  replete with the mandatory DMCA legislation. 

In his Speech from the Throne Stephen Harper promised to defend Canada’s sovereignty. It is becoming all too clear that to the Harper Government ‘Canadian sovereignty’  simply means a piece of (valuable) real estate; real estate worth defending to the tune of billions.  Canadian Cultural Sovereignty clearly has no value to this government. When our neighbours to the south attack with rhetoric and exaggeration the Harper government falls silent. 

William Patry: Illegal art

William Patry: Illegal art

Tomasz Rychlicki is a Polish copyright lawyer, who works at Patpol, Warsaw. He sometimes posts comments on this blog, and posted a very interesting one recently on the first sale question in the Vernor case. In the current issue of the Journal of Intellectual Property Law & Practice (Oxford Journals, OUP), Mr. Rychlicki has a fascinating article called “Legal questions about illegal art.” (Volume 3, number 6, June 2008, pages 393-401). The topic is graffiti that is fixed in a tangible medium of expression in violation of local law. In addition to wonderful commentary, the article has great pictures.

Michael Geist: The Angus Net Neutrality Bill

Michael Geist: The Angus Net Neutrality Bill
NDP MP Charlie Angus introduced his private member’s net neutrality bill in the House of Commons this afternoon. The short bill seeks to add transparency, neutral network management, and open devices to the Canadian telecom law framework:

Network operators shall not engage in network management practices that favour, degrade or prioritize any content, application or service transmitted over a broadband network based on their source, ownership or destination.

The bill includes several notable exceptions to this general principle, including action to provide computer security, prioritize emergency communications, offer differentiated pricing or bit caps, anti-spam filters, handle breaches in terms of service, and to prevent violation of the law.

The Vancouver Province: Let’s stand up to Big Brother

The Vancouver Province: Let’s stand up to Big Brother

One of the joys of living in the Internet age is the personal freedom it offers people to enjoy the amazing amount of information now available through everything from computer laptops to cellphones and other electronic devices.

But now it seems that freedom is about to end.

Ottawa is worried about “pirates” purloining copyright material from artists, inventors and investors.

As The Province reported yesterday, the government is secretly negotiating a global pact on copyright infringement that could force Internet service providers to hand over customer information without a court order.

Called the Anti-Counterfeiting Trade Agreement, or ACTA, it could well prove a nightmare for ordinary
Canadians — turning border and other security guards into copyright cops who check laptops, iPods and even cellphones for “pirated” CDs and movies.

William Patry: An Offer Countries Can’t Refuse

William Patry: An Offer Countries Can’t Refuse

In the movie The Godfather, Marlon Brando, playing the Don, is approached on the day of his daughter’s wedding by his godson Johhny Fontane, a singer who wants a movie role. The head of the studio won’t give Fontane the role, so the Don to Johnny: “I’m gonna make him an offer he can’t refuse.” He does, and Johnny gets the part. A number of countries appear in danger of being offers they can’t refuse too. One such offer is ACTA, the proposed Anti-Counterfeiting Trade Agreement. Wikileaks has provided a discussion paper on the agreement that was provided to selected (pro-ACTA) groups. See wiki story and links to documents here. (In a wonderful show of independence, Wikinews posted an entry alleging the Wikipedia Foundation Board was trying to censor their reporting on other issues; see here.).

Globe and Mail: Do we need copyright cops?

Globe and Mail: Do we need copyright cops?
Mathew Ingram

Are you sure that all of the songs on your iPod were legally acquired? What about the music or movies or other digital content on your laptop? You could be subjected to some nasty questioning next time you cross the border, if a new international trade body has its way — and your ISP might decide to rat you out to the government as well.

According to a leaked document (available at Wikileaks and also at IP Justice), Canada and a number of other countries are planning to create a NAFTA-style body that would police copyright, and would be empowered to seize and/or destroy property without a court order. This agency — whose creation wouldn’t have to be approved by the legislature, according to some reports, because it deals with international trade matters — would also have the power to force Internet service providers to divulge information about their customers without requiring a warrant.

The Vancouver Province: Gov’t wants into your laptop

The Vancouver Provence: Gov’t wants into your laptop
International agreement seeks to curb piracy
With files from Kent Spencer and Jack Keating, Canwest News Service

OTTAWA — The federal government is secretly negotiating an agreement to revamp international copyright laws that could make the information on iPods, laptops and other devices illegal, according to a leaked government document.

The deal could also force Internet service providers to hand over customer information without a court order.

The Anti-Counterfeiting Trade Agreement would see Canada join the U.S. and the European Union in a coalition against copyright infringement.Federal trade agreements do not require parliamentary approval.

Border guards and other public security personnel could become copyright police under the deal. They would be charged with checking laptops, iPods and even cellphones for content that “infringes” on copyright laws, such as ripped-off CDs and movies.

The guards would determine what infringes copyright.

Michael Geist: Jim Flaherty’s DMCA?

Michael Geist: Jim Flaherty’s DMCA?

In the wake of Foreign Minister Maxime Bernier’s resignation, there is growing speculation about a cabinet shuffle over the summer. Over the past few days, the focus has centred on swapping Jim Prentice and Jim Flaherty – Prentice goes to Finance and Flaherty to Industry. If this is true, Prentice would have the luxury of introducing the Canadian DMCA next week safe in the knowledge that Flaherty will be forced to answer many challenging questions. Indeed, the talk in Ottawa is that Prentice has been pushing to put the bill on the fast track within the House with the possibility of summer hearings on the legislation (and the convenient ability to deflect questions by noting that the bill is before committee). A shuffle would be even better for Prentice – a bill opposed by many Canadians becomes Jim Flaherty’s problem and he exits the issue largely unscathed. As for Flaherty, now might be a good time to start taking an interest in copyright policy.

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