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A new copyright law is coming

Ottawa copyright circles are buzzing with hints that the government is preparing its new revised copyright bill, and will be tabling it soon, perhaps as early as next week.

And the buzz is that the new law will basically be a copy of the controversial U.S. Digital Millennium Copyright Act (DMCA).

Much in the as-yet-unseen bill will not be too surprising, considering that its primary intent is to ratify the World Intellectual Property Organization Performances and Phonograms treaties adopted in December, 1996, and signed by Canada a year later. That was also the basis of the DMCA.

Further, informed sources are getting steamed already. In his blog, copyright lawyer and litigator Howard Knopf is predicting that the bill will “put digital locks on our computers, cellphones, iPods, other gadgets and tools and, ultimately, our culture,” just like the DCMA does. He goes on to speculate that the bill would make it a copyright infringement (as it is in the United States) to try to remove Digital Rights Management and Technical Protection Measures from your computer, such as the infamous Sony anti-infringing technology of a few years ago that was based on a very dangerous hacker’s tool called a “rootkit.”

Actually, a highly placed source told me today that technical protection measures will definitely be included, simply because the WIPO treaties demanded them.

Michael Geist, another Ottawa copyright lawyer and Toronto Star columnist, also said legislation seems to be near, and an article in the Ottawa Citizen by Dierdre McMurdy supported the speculation after consultations among U.S. Ambassador to Canada David Wilkins, Canadian Industry Minister Jim Prentice and Canadian Heritage Minister Josée Verner, all of whom apparently had a big hand in fashioning the proposed legislation.

The biggest worry for the non-aligned copyright community is that the big four (non-Canadian) record companies would be able to sue Canadians who they believe are sharing music files over the Internet, a practice based on the U.S. model, in which the recording industry has decided the best way to handle the digital music revolution is to sue their customers.

There are many groups that a new copyright bill will affect, among them teachers who want to photocopy excerpts of books for their students, TV and film producers, radio managers who pay copyright fees for the music they play, book publishers and a host of others.

The people most interested in new legislation will be, of course, the music recording executives, who have been in a state of extreme agitation since the arrival of Napster in 1999. The industry claimed the peer-to-peer file-sharing system that Napster spawned was almost solely responsible for the decline in sales of compact discs.

The Ottawa copyright buzz suggests that the new bill might indeed contain all the elements of the DMCA, on which the Canadian Recording Industry Association (CRIA) based its demands through intense lobbying of the Canadian government.

And that’s where the serious problem lies.

Specifically, the record industry  itself has changed mightily in the past decade. It has relented in its fight against digital music sales, and a couple of the big labels are now actively selling their wares online, which they would have called unthinkable just a few years ago.

Another issue is whether the music industry’s demands are based on sound evidence. In the past month, a respectable government department has thrown doubt on the kind of damage the recording industry claims to have suffered. Industry Canada, one of the two ministries that might emerge as the sponsor of the copyright bill (the other is Heritage Canada), commissioned a stringent study that suggested file-sharing actually helps music sales; this conclusion has been challenged by University of Texas economist Stan Liebowitz. But surely the issue should be more thoroughly thrashed out before the government makes a serious move.

A lot has changed in the decade since Napster sent the recording industry into a panic, including a large body of evidence exposing the poorly planned DMCA’s unintended consequences documented by the Electronic Frontier Foundation.

I hope that Industry Canada and Heritage Canada have taken recent history to heart, and considered deeply the incredibly fluid landscape that technology has placed under the copyright debate.

  1. m bowman from Guelph, Canada writes: I actually hope that with the minority parliament that this will be properly vetted by the Opposition Parties. As this might be the best way to derail this.
  2. Alex Yaxmos from Canada writes: THis can only be the start of a slippey slope.
  3. A. Nonymous from DRMVille, United States writes: Great, so in addition to the large levys already placed on CD's, they can now go after file sharers?

    Now I only use my CD's to backup my files, and the Music I already own. Why should I pay an extra levy to some greedy corporation? Where does this money go?

    As a fair exchange, If the new anti-piracy provisions are introduced, I say we give compensation to the consumers, for years of unfair levy's.

    What about the rights of the consumer? It's my Music, My Devices, and most importantly, my money.

    Want to use technology to restrict my rights, fine, I can play that game too. Use Linux, build a DVR, and record stuff of the air/cable. Strip out those commercials though, it's easy.

    I don't buy RIAA music, I rent films (DVD's are overpriced). 100% legal, giving very little of my time or money to these corporations that seem intent on sucking money from my wallet.
  4. Chris Brand from Canada writes: If this worries you, you need to talk to your MP. Now. Ideally go and visit them. At least pick up the phone.

    Remember that the Liberals produced Bill C-60, which wasn't quite as bad as this Bill sounds, but it still wasn't exactly user-friendly. It's far from clear whether they would support or oppose this Bill (I suspect that the Bloq will support it and the NDP will oppose).

    MPs need to know that voters, not just corporations, care about this.

    Get in touch with your MP. Right now. Go on.
  5. Gordon Murray from Canada writes: Did that reference there "based on sound evidence" draw too much away from the topic?
    This medium is supposed to be more dry than that.
    It's out there blocking traffic practically.
    Maybe it's the other writers.
  6. Globe Insider subscriber content
    Grant Rowson from Thunder Bay ON, Canada writes: (skeptically asked):

    1) does this mean all those levies on CD/DVD/etc. media will be removed (if I can't copy anything to them legally)?

    2) if some media company's DRM system screws up my computer (aka the Sony fiasco), can I sue them (with any chance of success)? Will their be a government ombudsman or some such that will champion legitimate rights of the users?
  7. Henry Egan from Cyberland, Canada writes: It seems particularly ominous that this legislation is being prepared in secret without public consultation. I can think of no apparent reason why they would do that.

    On the other hand, since DMCA type legislation would be so horribly consumer/voter unfriendly, I seriously doubt that a minority government would dare to introduce it in that form.
  8. Devil's Advocate from Canada writes: Oh - so if a DMCA type of legislation is introduced we will no longer be allowed to remove Sony rootkits from our computers, and will become criminals if we try to decompile some very suspicious software a reputable company like Sony installs behind our backs.

    If that is to be a criminal, then so be it. I will be a criminal, but I deny their right to put whatever they want on my hard drive and tell me I'm not allowed to look or touch it.
  9. Globe Insider subscriber content
    K F from Canada writes: Why, oh why, would the government even remotely consider implementing something that has proven so disastrous in the US?? Don't policy-makers pay attention to lessons learned? The huge problems with DMCA in the States are well-documented and some aspects of their copyright law may even violate the American Constitution. Where are the spines in our government? For ***'s sake, think of the spines! Won't somebody please think of the spines!
  10. Mike - from Waterloo, Canada writes: This part says it all: " .... consultations among *U.S. Ambassador* to Canada David Wilkins, Canadian Industry Minister Jim Prentice and Canadian Heritage Minister Josée Verner"
  11. Ian Hoffman from Ottawa, Canada writes: I don't understand this. We pay a levy on blank media to "compensate" big artists for lost profit, and now the government wants to make copying illegal (including backups).

    How can the government condone copying by attaching a levy, and then make copying illegal?

    Maybe they should get drug dealers to remit GST too!

    It's so Canadian to be late to implement policies from other countries even after they have been discredited elsewhere.
  12. V C from Toronto, Canada writes: Copying the American strategies that never worked in the first place: It's the Canadian Way.

    All these new downloading rules and punishments and legislation are too complex for me. I'm going back to swiping CDs from the record store.
  13. Steve Mack from Winnipeg, Canada writes: This is neo-conservative BS. Canadians do not want a corporatist government! We want democracy and fairness.

    Liberals, NDP, Bloc, unite and kill this bill before it sees the light of day.
  14. Paul Baracos from Victoria, Canada writes: I wonder if any member of the current government has ever read the first first page of our Charter of Rights, the part where is says:

    Fundamental freedoms [...] 2. Everyone has the following fundamental freedoms: [...] b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;


    How can you have freedom of media of communication if it becomes illegal to communicate any message over which any of over 6 billion persons (and who knows how many corporations) may claim copyright?
  15. Voltaire's Distant Cousin from Toronto, Canada writes: Harper equals Bush.

    We would be bogged down in Iraq if Harper had been prime minister.

    Harper's attitudes towards global warming are basically the same as Bush's (pay it lip service, but do not enact any real and effective measures to deal with it).

    Both Bush and Harper are deep in the pockets of corporations. They won't act on climate change because it is against the wishes of oil and automobile companies.

    And they are bringing in this horrible draconian copyright law because this is what the media conglomerates want.
  16. frank kokot from oshawa, Canada writes: DRM is insidious. I subscribe to electronic Globe&Mail via NewsStand, a U.S. company. I cannot copy any materiel from this electronic version, nor can I send a copy via email (I suppose I could if I gave up the issue). These restrictions may be due to a combination of copyright issues with both Globe and NewsStand. The software that conrols the reading/control of this electronic version is a proprietary software package that runs Windows only. I have finally got all my applications running Linux (SUSE 10.3 - fabulous!!), all except said eGlobe. Yukk. I can express my dislike of this arrangement by canceling the electronic version, expressing to Globe my concerns first - of course.
    What rankles me most is the 'my way or the highway' issue here. Whether its a newspaper, record (cd - ugh!), or recorded for later viewing, my 'freedom' - whatever that means - with my content is being curtailed. From what I see of U.S. DRM, content providers are 'criminalizing' the general public.
    The web has opened up these issues, amongst others, has provided a forum for discussion of public interest that is not controlled by a national elite. I suspect status quo content providers are threatened by these new freedoms. Status quo politics, big business, globalizing movements must feel threatened, thus the push for DRM.
    I for one, who remembers the disgust I felt when Diefenbaker (ei?) sold Canada out on the Arrow. I have never voted Conservative since.. I like to keep my voting to counter severe misbehaviour. This (Bill C-60) would be a good enough reason for me to welcome a spring election, Mr Dion.
    It appears the Conservative strategy of divide and conquer - income funds -$$- now DRM - kow-towing to U.S. and global empirists - is to meet its toughest test here. I hope this sellout of Canadians' souls is worth it.
    Vote with your pocketbook. Vote with your Vote.
  17. Robert Booth from Cambridge, Canada writes: This is about how big companies need to advertise. The moment they stop advertising people stop buying the big brand names. To keep advertising these companies need to make sure that our media players can only play "approved" entertainment, which can be tied to advertising. They're not afraid that we'll steal their music and movies. What they're afraid of is that we'll stop listening to "their" music and watching "their" TV and start watching new media where they can't advertise.
  18. Neon Knight from Canada writes: Copyright law isn't designed to protect and reward slow-moving companies unable to adjust their business practices to modern times.
  19. Kevin Nisbet from Canada writes: This entire situation has become an interesting outcome of the internet age. On one hand we have a lot of corporate executives, with fancy vehicles, condos, and offices, who have been informed that instead of buying a product from their company, all the consumer has to do is copy it off someone else. I don't think it will matter what anyone is saying, the mindset will be that those consumers en mass are stealing from you. This leaves everyone as a target, and the traditionalist mindset is that a law does not exist to stop this behavior. The problem is that this won't work. There are several psychological theories that can be applied to the person that will prove this. The foremost I would like to mention is that a majority of our population’s actions are not dictated by the law, but by the perception of getting caught. This means that simply changing the law won't drive the consumers to store shelves to pick up the limited selection of CDs available. It only means the companies can take legal action, but I have not witnessed a reduction in file-sharing in the U.S. due to the laws. Every other industry responds to market forces, and adapts accordingly. For whatever reason it seems the recording industry is incapable of adaptation. Right now in the animal world, the RIAA is a wounded animal aimlessly striking at anything that moves. This wasted energy is only more rapidly striking death at an animal incapable of change. On this issue, please speak up and see that our society is incapable of devolving into the rag tag sue my neighbor waste of energy like the states. The industry will never be the same as it used to... get used to it.
  20. Andrew noneofbusiness from Canada writes: I have been considering using linux for everything except games, and wonder would running a linux distribution protect me from the DRM? I don't want to accidentally get that crap on my computer.
    I find RIAA to be scary, as they actually force people to pay hundreds of thousands of dollars for downloading music.

    In Canada downloading music without legally paying for it, is known as copyright infringement. Distributing music for a fee to my friends or whoever would be piracy. Am I correct in understanding that "piracy" requires a transaction to distinguish the illicit behaviour from just file sharing?

    If this legislation does not pass this time, I'm sure it will eventually, so what do we do? I am definitely not going to pay $20 for 2 or 3 songs.
  21. Bryan S from Calgary, Canada writes: While the amount of lipservice being paid to this issue is good, direct action must be taken to limit the damage.

    Our government needs to be told that it is completely unacceptible to cave to the US lobbyists and the cowardly government of "W". Please directly contact your MP and the Ministers of Industry and Heritage and tell them that this is not the will of the Canadian people and that this will have a majorly deterimental effect on Canadian culture.

    We as Canadians are not pirates as a whole. The statistics that are hung on the RIAA and CRIA banners of us being wholesale criminals is wrong. I think the CRIA forgets that we are already paying levies to compensate (and a large portion of the funds are funnelled into the US anyhow).

    I am compiling a list of related sites and blogs with links to the MP database and a number of petitions to help in guarding our rightson http://www.iambryan.net (can also be found on Google with that search)

    Please make sure you speak up now or our voices will soon be muted.
  22. Barrett de Visser from Winnipeg, Canada writes: The funniest thing is this isnt the first time this has happened. The first was some odd 70 years ago. Radio was just taking off and around the 1940s the magnetic tape recorder was invented. It wasnt long before somone relaized that they could set it up by their radio and record their favorite radio program while they were at work, shopping etc. They would come home rewind the reel and listen to the show they missed. It was immidiately thought that this would impact the radio industry and radio shows were dramaticaly reduced for a time. Again this happend when Sony first produced their Betamax Player. It once again allowed for recording. And once again the industries feared copying of tv shows and movies so they opted out for the competing VHS recorder that implemented a crude copy protection. Becuase of this we got stuck with the inferior VHS even though the beta was superior in almost every way including size and quality. This is just the third cycle. A new media has risen up, an new way of copying and thus the industries are fearing for the worst for a third time. The problem isnt that us the consumer are engaging in copying, its that copying is just so easy. What about all those PVRs that have been selling over the past couple years, and DVD recorders. If it is infingment to copy a tv show, movie, cd, cassette, photograp, book etc then why give us the option. Why put the record feature on the device if it is illegal to use it? If the industries were at a risk, they would have bankrupted years ago. This has been going on for 70 odd years, just most people arent aware of it. Personaly since downloading has become available, I buy more movies, cds, games, books, ect than ever before. And I know it is this way with a large percentage of people. 90% of my income goes to the entertainment industries it one way or the other!
  23. Elfed Dowler-Jones from Llanelwy, United Kingdom writes: To Devils Advocate This "rootkit" you mention is scary! Can the average Linux or Windows user get rid of such a thing themselves? General on copyrights: If I type some original writing into my computer, the copyright belongs to me; regardless of any patents involving the construction of the hardware or software. The same applies to the fountain pen, and the ink. It appears that the whole copyright/piracy thing is just a diversion from the fact that Big Business wants complete ownership of the data on our HDD's and the software with which it is created. I can only presume that the corporate dream is to turn the public into "Thin Clients" thus disallowing them any independence by spoon-feeding them software?
  24. Eddie Wilson from Galax, United States writes: DON'T DO IT! I really don't know how you can stop the media industries. They are money hungry and are just looking to fleece the public. It is a money thing. It has nothing to do with the rights of anybody. Why would you to copy something that has failed in another country? I wish the public in Canada the best of luck in fighting this beast.

    Thanks, Eddie

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