This is a Poll … A WHAT? … A Poll!

Our government is in the midst of making a law called Bill C-11, the “Copyright Modernization Act”, which will have serious consequences to all of us. But I’m wondering: how many of us actually understand what it is all about?

All the Canadians who responded to the government’s copyright consultation have some idea of the importance of the issue. The people who read Michael Geist, Russell McOrmond’s Digital Copyright Canada, ZeroPaid, p2pnet, itworld, Tech Dirt or Boing Boing will know something about it. If you make a living from one of Canada’s many copyright collectives or from the mainstream CRIA, RIAA or MPAA — you’ll probably know the company line and will have some understanding of what its all about. There are even some creators — the people who create the work that is “protected” by copyright — who understand the issues.

But I’m wondering if most Canadians are tired of hearing about copyright law it, or because they have no idea what it’s really about. This matters because the changes to Canada’s copyright law will effect the lives of every Canadian, not just those involved in the copyright industry.

You may recall reading how much I hate polls. But the polls I hate are those used as marketing rather than for information gathering. I want to gather information for that last few posts I will be writing before the government passes Bill C-11. And a poll seems the best way to proceed. I’m putting polls anywhere I can to find out if my assumption that most Canadians have been left out of the loop is correct. So I hope you’ll help me out here by answer my three little questions. And by the weekend I’ll write an article incorporating the results.

And now you can listen to Jesse Brown’s Audio Podcast #127: Digital Locks have Nothing to do with Copyright

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Bill C-32: Mr. Ricci is wrong about Fair Dealing

red maple leaf graphic

The Globe and Mail published a Bill C-32 Opinion piece by Governor General Award Winning fiction writer Nico Ricci, This updated copyright bill guts Canadian culture.

The very title of this opinion piece is both inflammatory and misleading. Although Mr. Ricci mayt be qualified to comment on the state of culture, the article is actually exclusively devoted to one small piece of Bill C-32, the expansion of the fair dealing section of Bill C-32 to include educational uses.

Although Mr. Ricci implies it’s the equivalent of making educational material free of charge it’s not. Canada’s Minister of Industry is well aware of this, tweeting:

Tony Clement: What fiction! Fair dealing is never an unfettered rt to copy! RT @bsookman This updated copyright bill guts Cdn culture http://bit.ly/cZRJoX

But even more important, although some students coming out of higher education may retain their textbooks rather then selling them on, educational text books have never formed the basis for societal culture in any universe I’ve ever heard of.

What Mr. Ricci calls this “vulnerable cultural sector,” has been working hard to impoverish our children’s education for years. Educational publishers have routinely charged vast amounts of mark-up on text books for decades and the lion’s share of this has certainly not gone to the writers.

The excessive prices demanded is a great part of why so many textbooks in all levels of Canada’s public education system are so terribly out dated. In some areas of study it may not be an issue, but in others it does an incredible disservice to our children. My child’s high school computer programming text was older than he was… and written in a time of pre-Internet history before most of today’s technology existed.

The justification for the exorbitant cost of textbooks was always that such small print runs were required. Even so, the publishers made out, the copyright collectives made out, but, sadly, the writers are the only ones who were actually unable to make a living from the books they wrote. Of course, some writers could get paid employment by going to work for the copyright collectives or publishers.

But at least with textbook purchases, our children may at some point get some value from re-reading the material in later years, or perhaps selling the used copies to later students. The absurdity of paying absurd amounts of money for photocopies has always struck me as foolish. These aren’t books with an intrinsic value, they’re disposable.

Jesse Brown: I don't care who Access Copyright gets to write their propaganda:it's lies, not opinion,& the Globe shouldn't print it. http://bit.ly/aexE5e

If students were buying entire textbooks for a single chapter, why didn’t publishers offer them as individual chapter offerings? Slim text volumes at a fraction of the price? But no, the necessary chapters were overpriced to subsidize the unnecessary chapters. The “innovation” that was arrived at in the latter part of the twentieth century were contractual deals whereby publishers and copyright collectives received compensatory payment for photocopies from libraries and educational institutions. These copies made with student labor on educational institution equipment triggered compensation for the textbooks that were not sold.

But then I think the “Public Lending Right” is horribly unfair too. Books people read in libraries aren’t lost sales, they’re advertising. It used to be that writers were happy to have their works disseminated in public libraries. It was the authorial equivalent of air play for recording artists. But even charging libraries quantities of extra cash per book has not improved the standard of living for authors either. Funny, that.

My purely anecdotal take on today’s public library systems is that there are fewer books in them. Part of it is that physically they are removing shelves of physical books in favor of public work stations and digital media. But I’m wondering how much of that is due to money being paid out for the “Public Lending Right” rather than spent on the purchase of actual books to lend.

Perhaps because my public library can’t afford to stock it, I’ve never read any of Mr. Ricci’s award winning fiction. Like any careful consumer during a recession, I never buy books I’ve not already read, and then not unless I think it’s a good book. The only time I’ll buy a book by an author I’ve not read, is if it looks interesting and costs only a buck or two in a remainder bin.

reading, inventing, discoursing

technology has reduced costs of physical production of books

As writer involved in self publishing my first novel, I recently discovered that it is more economical to purchase Print On Demand (POD) bound proof copies with glossy colour covers for my beta readers than to print them myself at home on my laser printer. Things have indeed changed.

And in today’s digital world, there is no reason why text books can’t be tailor made to the class. It can be easily be accomplished in these days when digital copying has brought the distribution costs down to almost nothing, as shown in another Globe and Mail article: Toronto startup cracks the electronic textbook

Our children and their education have traditionally been the big losers here. Neither publishers or copyright collectives seem to have student interests at heart. They’re in it for the money.

Personally, as both parent and writer, I have some very serious reservations about Bill C-32 but expansion of fair dealing for education is not one of them. It saddens me to see creators who are not well versed in either the legal or technical aspects of copyright law being set up as straw men. I guess what I wonder most is why a fiction writer is weighing in on this aspect of Bill C-32 rather than a writer of textbooks.

Inconstant Moon cracked open
More a more informed opinion of the fair dealing aspect of Bill C-32, read what David Fewer has to say.

For More on the the politics of Bill C-32 can be found in Russell McOrmond’s Hyperbole from traditional educational publishers: postcards/etc., and The general mood of the House of Commons debate on C-32 thus far.

Interesting additional reading can also be found in Wayne Borean’s Through the Looking Glass: The TPM Provisions in Bill C-32 Are Not In Compliance With The WIPO Internet Treaties

But the real post script comes from Mr. Ricci himself in his response to the comments his article garnered:

What the response amply demonstrates, however, both in its range and in its vehemence, is that there is a need for much more public debate on this very complex issue before Bill C-32 is allowed to pass into law.”

Nino Ricci, Runcible House, 11:35 AM on November 6, 2010, comments on Globe and Mail Article: This updated copyright bill guts Canadian culture

He is right about that. Canada may be ready for a new copyright law, but a bad one rushed through in haste would be infinitely worse than what we have now. This is an issue that will impact on all Canadians. We certainly don’t want a Canadian DMCA.

a horizontal border of red graphic maple leaves

A.C.T.A.: Anti Counterfeiting Trade Agreement (double speak)

This is terribly important information for all Canadians.

Wikipedia: Double speak language that deliberately disguises, distorts, or reverses the meaning of words.”

Since 2007 Canada, Australia, the European Union, Japan, South Korea, Mexico, New Zealand and Switzerland have been participating in secret negotiations initiated by the United States for a supposed “Trade Treaty” called A.C.T.A., an acronym for the misleading “Anti-Counterfeiting Trade Agreement”

The American copyright lobby, made up of media corporations, trade associations and copyright collectives representing the Movie and Music recording industries have somehow convinced the American government that this would be a good thing for the United States. On the American side, the treaty is being pursued under an executive order, which means that the American president has the authority to ratify it on behalf of the United States without first subjecting it to congressional scrutiny or vote. A.C.T.A. negotiations are continuing at break neck speed under heavy non-disclosure agreements which mean that most of the elected representatives of the countries involved in the negotiations are not privy to the terms under negotiation.

President Obama has denied Freedom Of Information inquiries on the basis of National Security. This type of treaty negotiation is not only wholly unprecedented, but possibly illegal as well under 19 U.S.C. 2902(b)(2).   Although it purports to be primarily about counterfeiting, the ACTA secret treaty negotiation seeks to regulate the Internet on a global scale.

I have spent a great deal of time attempting to make sense of this, since it will have serious consequences not only on Internet users but also huge impacts will be made on culture and economies around the world. The intent appears to be to legislating anti-progress by imposing strict control over the Internet.

A.C.T.A. “ stands to fatally wound all user-generated content sites from mailing lists to YouTube; which stands to criminalize kids for noncommercial file-sharing; which stands to put your internet connection in jeopardy if anyone in your house is accused of infringement, and much, much more.”

Cory Doctorow: Everything you want to know about the scary, secret copyright treaty

The media isn’t talking about A.C.T.A. which is possibly the most important and under-reported news story in the world so it is left to us to spread the word. Contact your elected reprentatives and tell them that A.C.T.A. is bad.

For more information on ACTA:

I have been blogging about A.C.T.A. in an effort to help other non-technical people understand what the issues are.

A.C.T.A. is BAD

errata: A.C.T.A. is BAD

A.C.T.A. is still BAD

Much Ado About A.C.T.A.

As well as some of the underlying issues: Nutshell Net Neutrality

D: BitTorrent

Personal Use Copying vs. Bootlegging

Free Culture, Copyright and Open Video

DRM is BAD

I’ve blogged a great deal more about copyright in the wind
This might explain why my novel “Inconstant Moon” is not finished yet.

Weightier A.C.T.A. Sources

Michael Geist, University of Ottawa Law Professor and Copyright Reform Proponent has laid it out in detail.

The ACTA Guide, Part One: The Talks To-Date

ACTA Guide, Part Two: The Documents (Official and Leaked)

ACTA Guide, Part Three: Transparency and ACTA Secrecy

ACTA Guide: Part Four: What Will ACTA Mean To My Domestic Law?

The quantity of leaked material seems to be increasing, so the latest info can usually be found in Michael Geist’s blog

Cory Doctrorow reports steadily on A.C.T.A. developments in his , and recently wrote a summary which can be found at Copyright Undercover: ACTA & the Web for Internet Evolution and he

Other excellent sources of information about A.C.T.A. include the digital liberty proponents: