Ding Dong Bill C-32 is Dead

Canadian DMCA

I am happy that the writ was dropped before Bill C-32 was passed.

Is that a bad thing?

Of course it mans we have another federal election.

Copyright Reform Apathy

Not so long ago, Jesse Brown did a Search Engine podcast called So Bored of Copyright. He wasn’t alone in thinking that Bill C-32 was likely to be pushed through no matter how atrocious simply because everyone is tired of arguing about copyright. The thinking, shared by many other Canadian activists was that our elected representatives just want it to be over. I understand how difficult it is to fight the same fight over and over again. But still, there was a disturbing willingness to settle for bad law just because everyone is tired of it.

copyright symbol over a red maple leaf

That’s wrong.

Copyright law will impact on every Canadian. Our existing copyright law may not be perfect, but it isn’t as though we are a lawless nation of pirates, no mater what the USTR says to get a trade advantage. So I’m happy Bill C-32 is off the table, even if it does mean we’re having another Federal election. And I’m sure it will be back, but the longer it takes, there is less chance that we’ll end up with a copyright law benefitting special interest groups to the detriment of Canadian Culture.

Some people are tired of elections.

We’re having them too frequently, apparently.

Yet there are places in the world where there are no elections. Or where the election results are preordained.

Other people are unhappy because elections are expensive.

If we have a minority government, it stands to reason that we will have more elections. It is much harder to run a minority government because the government can’t operate in a vacuum.  They have to build a consensus. And sometimes even listen to what the citizens want.  And if they want to do something that the people think ill advised, we have some possibility of preventing it.

a pile of canadian money

Then some people think majority government is a good thing.   Talk about an expensive proposition.

Say what you want, our run of minority governments has meant very little in the way of patronage spending.   While majority governments are always awash in patronage.   That’s got to be worse.

Even with a minority our federal government managed to find a billion dollars for the G20.

Acryllic on Illustration board painting by Aviation Artist Lance Russwurm
The AVRO Arrow ~ painting by Lance Russwurm

Can you imagine? How many fighter jets would we have bought if there was a majority government? Wait a minute… fighter jets? Excuse me? If we want fighter jets, why don’t we build our own, shall we? You know, like the AVRO Arrow?

Citizens can’t afford NOT to have elections. We need as many as it takes.

I’ve heard some people are saying they will vote for the Conservative Party of Canada just to give them a majority, just to be done with this election business.

the NoProrogue rally in Guelph

You know what?

If you want to vote for a political party you don’t support, that is your democratic right.

You can use your vote to improve this great nation of ours, or you can waste your vote. You get to decide.

You can vote for the candidate you believe will do the best job for you, or you can vote the way someone else tells you to vote. It is entirely up to you.

You can vote strategically and vote for someone you don’t want to elect. It seems to me that strategic voting is always about voting for someone else;s candidate, never your own. That seems to me just as big a waste. But still, it is your right to choose.

You can spoil your ballot, which won’t count. Or not cast a vote at all.

Andrew Telegdi

A great many of us are frustrated because we’ve been ignored for so long. Many of us have given up because the people we vote for are never elected. In the Conservative stronghold where I live, Liberal candidate Andrew Telegdi lost his seat in the last Federal election by 17 votes. And one of the most powerful members of the incumbent government “tweeted”:

Minister of Industry Tony Clement

On Twitter, Tony Clement said:
@TonyclementCPC I use my 28 vote margin in 2006 all the time as an example of “every vote counts!”

The thing to remember is that when we abstain from voting, our voice, however small, is completely unheard. Abstaining from voting doesn’t “teach them a lesson,” it gives them our power. It makes it easier for fewer people to determine our government. All voter apathy does is to make electoral inequity worse.

You have the right not vote. But every vote not cast means that fewer votes hold greater sway. I am well aware Canadian votes count for more or less depending on geographical location. That’s bad enough. If you, like me, live in a place where your vote only counts for a fraction, blowing it off makes it worse. What government does affects all of us.

Debate and Democracy

GPC leader Elizabeth May with nearly a million constituents, not a seat in the House

This election will impact on us all too. Although we are desperately in need of electoral reform, we have to do the best we can with what we’ve got. So although it is your right to vote or not, I hope you decide to vote, and more, to vote the way you believe is best.

I’ve been trying to get the final proof of my novel done, so I’m spread a bit thin. Still, there’s been a flap about the proposed televised Federal Leadership Debate. The decision (by who?) has been made to exclude Green Party Leader Elizabeth May.

The story they are trying to sell is that her exclusion stems from the fact no Green party member has yet been elected. Naturally this speaks to the issue of Electoral reform, since nearly a million Canadian citizens cast Green votes in the last election without electing one.

The thing is, we might have bought that argument had Elizabeth May not participated in just such a debate in a previous election. Excluding her now is not only grossly unfair, but a sign of just how well she did last time.

Unlike our American Neighbors, Canada is a multi-party country. So long as our nation subscribes to party politics, I’m inclined to think that any leadership debate ought to include the leaders of every registered political party. The point of an election is that the slate is wiped clean. No one has been elected yet for the 41st Parliament. So all the candidates – and leaders – ought to be treated as equals. I’m sure that former Prime Minister Brian Mulroney would be happy to tell you what a difference an election can make.

It is in our own best interests to stand up for our democracy. The leader of Canada’s fledgling Pirate Party hit the nail on the head when he tweeted:

pirate party of canada

@mikkelpaulson

A vote for anyone other than your first choice undermines democracy. We should vote for,
not vote against

I don’t know about you, but as inefficient as our system is, and as badly as we need electoral reform, I’m rather partial to democracy.

And elections are a really good time to get out there and find out what the candidates think.

Or at least what they say.

Vote.

Canadian Political Party Logos
Registered Federal Canadian Parties include neorhino, Christian Heritage, Communist Party of Canada, Newfoundland and Labrador First, Libertarian, Work Less Party, People’s Political Power Party, Green Party, First Peoples National Party, Bloc Quebecois, Animal Alliance Environment Voters Party, Marijuana Party, Canadian Action Party, Marxist Leninist Communist Party, and the NDP


Image Credits

AVRO Arrow, painting by Lance Russwurm

Andrew Telegdi photo by Chris Slothouber

Tony Clement, Twitter account image (fair dealing)

Elizabeth May photo by Grant Neufeld, Creative Commons Attribution-ShareAlike 2.5 Generic (CC BY-SA 2.5) License

All political logos reproduced as fair dealing.

All other images created by laurelrusswurm and released CC by-sa

#digicon

was #copycon futile?

Last year the Canadian Government held a Copyright Consultation to ask Canadians what we thought was important for Canadian copyright law. More than 8,000 Canadians from all across Canada made #copycon submissions. We have yet to see if we were heard, although rumour has it that the legislature will be seeing a new Canadian Copyright bill soon… possibly for June 2010. Many of us have serious concerns about whether it was an exercise in futility or not.

No.

From my perspective, even if the government does not listen and learn from the #copycon, I know I have learned an enormous amount about copyright and how we think from other Canadians who made submissions. From things I’ve read and learned from the #copycon, if I were to make a copyright submission today it would be very different. But that’s another post.

Canadians are talking about copyright, and understanding the forces at play much better. The conversation is far from over, and we need to get a handle on things and come to a consensus about before law is made.

What was said by Canadians in the formal Copyright Consultation submissions has laid the foundation of a valuable resource for all Canadians. A reference primer of “What Canadians Want”.

we don’t want bad law

But the law may be made anyway. Rumours that the government will try to push through a Canadian DMCA (a Bill C61 clone) have many citizens worried. But sometimes that happens, bad laws get passed.

Probably one of the biggest exercises in lawmaking futility was the American 1919 Volstead Act which we know more familiarly as Prohibition. God fearing law abiding solid citizens— people who wouldn’t have so much as dreamt of jay walking before Prohibition— instantly transformed into criminals frequenting speakeasies when the American law outlawing alcoholic beverages went into effect. The roaring twenties came and went before Prohibition was repealed in 1933.

Because prohibition favored the goals of a special interest group over society’s mores it just couldn’t work. Aside from fostering near universal flagrant contempt for the law among citizens, a serious byproduct was the support this bad law gave to the growth of organized crime. Before American Prohibition, the mafia was just some petty disorganized criminals. After Prohibition gangsters became rock stars. How many books, articles, movies and even musicals have grown up out of the gangster mystique. Canada’s own gangster wannabes in The Boyd Gang seem to have hatched out of the gangster mythology. Folk heroes even.

Friar Tuck and Robin Hood in Sherwood Forest, Robin In The Hood Festival
Hundreds of years later we still idolize Robin Hood

What I know of history has shown that when bad laws are passed the populace initially chafes and suffers. Although the government passing the bad law hopes that people will put up with it, one thing that they never seem to expect is that bad laws provide their opponents with points of commonality.

Often people who are ideologically incapable of co-operating are galvanized into finding a way to work together when a bad law is passed. The bad law itself becomes a visible rallying point, a specific dragon to slay.

One of the most compelling things that any bad law provides to its detractors are the martyrs.

Although I talked about this story as an example of what to expect if the secret A.C.T.A. treaty is passed, it is a real life demonstration of what is happening right now in the US under the existing American DMCA. A young woman went to jail for the crime of recording her sister’s birthday party.

And although history shows that bad laws tend to be overturned in time, I still think it’s better not to have bad laws in the first place.

In the case of copyright, the people who will be most harmed by bad copyright law are the younger generation, many of whom have not attained voting age. As a mother, this special interest group is important to me, because I don’t want to see bad things happen to our best and brightest.

As a student of history I do know that there will very soon be a time when this generation will not only be able to vote but, may well be able to form a government. When I was a teenager we thought running for student council was a big deal. Today Canada’s newest political party has been formed largely by people barely old enough to vote.

Digital Economy Consultation

In the meantime the Canadian government has again asked us for our input.

This time it is for a Digital Economy Consultation. How the Canadian Government reacts to the changes caused by the digital world will have a huge impact on our future. Our economy.

A long time ago Canada had climbed to the forefront of the world of technology with the Avro Arrow. Yet an incredibly short sighted government pulled the plug on that and well and truly killed the project. Naturally it triggered a “brain drain”, as many of Canada’s best and brightest migrated to the United States to work at NASA. Surely we don’t want to go that route again.

Acryllic on Illustration board painting by Aviation Artist Lance Russwurm
Once Canada led the world in technology...

We certainly don’t want to end up in a legislative shambles the way the United Kingdom has. Their ill advised Digital Economy Bill (know to Twitterati as #DEBill) which was rushed through the legislative procedure without proper scrutiny resulted in a hung parliament and the fall of a Prime Minister. Surely Canada doesn’t want to go that route either.

All Canadians should try to participate…

…even if we say what we think and what we want, and they choose not to hear, the ideas will still be out there floating in the ether.

Judging by the quantity and passion of the comments I’ve been reading in online articles to do with weighty issues like UBB and copyright, many of us have thought about this and have a lot of good ideas. This is a good place to put them. And what better time to be heard than when we are lucky enough to have a minority government. At times like this, governments at least try to give the appearance of listening.

Maybe that doesn’t sound like much, but as a mom I can tell you, when you ask your kid to pretend to go to sleep, before long he really is asleep. Maybe if our government starts out by appearing to listen to our submissions they will accidentally find themselves actually listening.

It’s worth a shot.

#digicon

I think that the #digicon will be just as valuable for Canadians as the #copycon was. The process isn’t quite the same as the earlier consultation. As I understand it, off topic comments (such as talking about copyright reform) are likely to be moderated out of the forums.

Read the #digicon Consultation Paper
Participate in the digicon forums – see what other people have to say
DENT about #digicon
tweet about #digicon.
Talk about it on your wall.
Then write your own submission.
**Note: They want a 250 – 500 word summary of the submission as well. I assume to make it easier to sort the piles.

the process

It seems that although the 40 page Submission Guidelines can be downloaded as a PDF, they are also available in clear HTML on the website. Yay! I love that they are asking for submissions in

text-only format or as a document upload (e.g., Word, RTF or WordPerfect formats”

http://de-en.gc.ca/submissions/

Sounds like they’d rather not get stuck in the PDF morass they had for copycon. Deconstructing all the PDF submissions is probably the chief reason why it took so long for all the submissions to be posted online.
(I hate PDFs!)

time limit

As of today, there are 49 days to make a submission. But there’s a lot to think about, so don’t leave it until the last minute (as so many of us did with #copycon)

Things you might say today may help someone else develop a brilliant strategy that would benefit us all. (Hint: that’s why re:mixing is such a good idea)

back-up

I read a comment yesterday from someone who was concerned that the comment or link they’d posted to the #digicon page had been subsequently removed (or moved somewhere else).

If you’re concerned that may happen to your comments or links, or if you’ve something you want to say about the Canadian Digital Economy Consultation that you feel may not survive their moderation, feel free to put it in the #digicon links & comments
My only rules: no spam, no personal attacks/hate mongering.

Similarly, if you have pertinent links you think may help answer questions or examine the issues, feel free to include them. If they start to pile up, when I have a minute I’ll list them under #digicon links in the sidebar.

insurance

Because some Canadians are a bit cynical, we not only submitted our formal #copycon submission to the government, we also posted it on our blogs or websites as (ahem) insurance.

As any emerging artist knows, the wider you can disseminate your art the more people will have the opportunity to become a fan. Or in this case, the more people who can see and read the argument, the more can understand the argument.

to blog or not to blog

If you don’t have one, you can get a free blog from various sources; personally I’d recommend WordPress.
If you don’t want a blog, but want to be heard, I’m willing to post submissions on the Oh! Canada blog as a guest post.

Consultation Questions

Innovation Using Digital Technologies

  • Should Canada focus on increasing innovation in some key sectors or focus on providing the foundation for innovation across the economy?
  • Which conditions best incent and promote adoption of ICT by Canadian business?
  • What would a successful digital strategy look like for your firm or sector? What are the barriers to implementation?
  • Once copyright, anti-spam and data breach/privacy amendments are in place, are their other legislative or policy changes needed to deal with emerging issues?
  • How can Canada use its regulatory and policy regime to promote Canada as a favourable environment for e-commerce?

Digital Infrastructure

  • What speeds and other service characteristics are needed by users (e.g., consumers, businesses, public sector bodies) and how should Canada set goals for next generation networks?
  • What steps must be taken to meet these goals? Are the current regulatory and legislative frameworks conducive to incenting investment and competition? What are the appropriate roles of stakeholders in the public and private sectors?
  • What steps should be taken to ensure there is sufficient radio spectrum available to support advanced infrastructure development?
  • How best can we ensure that rural and remote communities are not left behind in terms of access to advanced networks and what are the priority areas for attention in these regions?

Growing the ICT Industry

  • Do our current investments in R&D effectively lead to innovation, and the creation of new businesses, products and services? Should we promote investments in small start-ups to expand our innovation capacity?
  • What is needed to innovate and grow the size of the ICT industry including the number of large ICT firms headquartered in Canada?
  • What would best position Canada as a destination of choice for venture capital and investments in global research and development mandates?
  • What efforts are needed to address the talent needs in the coming years?

Canada’s Digital Content

  • What does creating Canada’s digital content advantage mean to you?
  • What elements do you want to see in Canada’s marketplace framework for digital media and content?
  • How do you see digital content contributing to Canada’s prosperity?
  • What kinds of infrastructure investments do you foresee making in the future? What kinds of infrastructure will you need in the future to be successful at home and abroad?
  • How can stakeholders encourage investment, particularly early stage investment, in the development of innovative digital media and content?

Building Digital Skills

  • What do you see as the most critical challenges in skills development for a digital economy?
  • What is the best way to address these challenges?
  • What can we do to ensure that labour market entrants have digital skills?
  • What is the best way to ensure the current workforce gets the continuous upskilling required to remain competitive in the digital economy? Are different tactics required for SMEs versus large enterprises?
  • How will the digital economy impact the learning system in Canada? How we teach? How we learn?
  • What strategies could be employed to address the digital divide?

Improving Canada’s Digital Advantage

  • Should we set targets for our made-in-Canada digital strategy? And if so, what should those targets be?
  • What should the timelines be to reach these targets?

a horizontal border of red graphic maple leaves


There are a lot of questions. After reading the material, listening and/or participating in the forum discussions, chatting with co-workers around the water cooler or the oil rig, or the kids in your youth group, or with your e-friends on Identi,ca, Twitter or Facebook…

Say what you think.

Our government is asking us for input. Let’s give it to them.

a horizontal border of red graphic maple leaves

[Digital Economy Simulpost: Since this will affect all Canadians, I’m posting the same post in all three of my blogs, Oh! Canada, StopUBB, and in the wind]