WikiLeaks Cable dictates Canadian Copyright Law C-32

Canadian DMCA
Many Canadians had strong suspicions about the similarity between the Liberal Bill C-60 and the Conservative Bill C-61.

The overwhelming response from the vast majority of Copyright Consultation respondents indicated Canadians were opposed to TPM/DRM (Technical Protection Measures/Digital Rights Management) or “digitial locks”. Digital locks prevent users from using the media and devices the way they want to.

In spite of that, when Bill C-32 was tabled, TPM or “digital locks” was the most over-riding element, and made circumventing digital locks illegal. Even of we are legally entitled to access the content, under C-32 we would be breaking the law to bypass the digital lock.

This is the part that most upset me, as a writer, because this could remove my right as an author to distribute my creative work as I see fit. TPM/DRM places control of digital distribution in the hands of corporations. This law would have allowed manufacturers to use TPM to prevent consumers from accessing free material we are legally entitled to access on our laptops, dvds, cell phones and ipads etc.

If Bill C-32 had passed as is, Canada would most certainly have seen digital locks added to all digital devices, allowing corporate control of our culture.

WikiLeaks Cables Released

WikiLeaks logo

At last, WikiLeaks has released a batch of cablegate cables revealing the truth behind the conditions of so-called Canadian “copyright reform” saga.

A cable originating in the office of the U.S. Secretary of State is a blueprint for the copyright legislation the Canadian Government was expected to pass:

Prohibition of manufacturing and trafficking in technological
protection measure (TPM) circumvention devices as an offense
separate from copyright infringement;

Prohibition of circumvention of TPMs that control access to
works (quote access controls unquote);

Deterrent penalties against unauthorized circumvention —
both civil and criminal;

If there are any exceptions to TPM or rights management
information (RMI) liability, the exceptions should be clearly
enumerated and narrow in scope;

A system of protections and obligations for ISPs that
shelters them from certain liability, reduces and prevents
copyright infringement on the Internet and provides
incentives for ISPs to work cooperatively with copyright
owners.

09STATE92113, TALKING POINTS ON COPYRIGHT LEGISLATION FOR USE WITH GOC

Well, would you look at that. The most contentious issues — the issues objected to by Canadians — all come from the United States. And all the while, our government insisted that Bill C-32 was a “made-in-Canada” solution.

So, what would be Canada’s reward for making copyright law beneficial to the US at the expense of the Canadian public interest?

— (If needed) As Ambassador Kirk indicated in April, USTR is
prepared to reopen the USG interagency process to reassess
Canada,s placement on the Special 301 list if Canada enacts
adequate legislation.

09STATE92113, TALKING POINTS ON COPYRIGHT LEGISLATION FOR USE WITH GOC
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selling out Canada

The “prize” Canada might receive for suborning Canadian Sovereignty in favor of American demands is that if we enact “adequate” legislation – legislation that suits American needs over our own – the “USTR is prepared to reopen the USG interagency process to reassess Canada,s placement on the Special 301 list.”

Or, in other words, all Canada has to do is make the laws the United States tells us to make, and then the USTR might stop lying about Canada, by placing Canada on the spurious USTR Watch List.

(And where was the “watchdog press”?)

Other cables recently released by WikiLeaks have clearly shown that Canada was only placed on the USTR Watch List in order to bully us into passing copyright law favorable to US special interests.

Ironically, Canada’s specious inclusion on the USTR Watch List has been a huge contributing factor in exposing the USTR Watch List for the fraud it is. Since the American record of copyright infringement is worse than ours, the United States should be listed there before Canada. The WatchList has been used against other countries around the world in just this way.

Clearly, Canada don’t need no stinkin’ DMCA.

As we approach the 41st Canadian Election, Canadians should reflect on the fact that

both Conservative and LiberalGovernments have proven

their willingness to make copyright law harmful to Canadian interests

to appease our American neighbors.

Oh! Canada, indeed.

Please vote on Monday in the Federal Election.

Don’t vote strategically if there is a candidate you believe in.  If we don’t start voting for what we want, we will never get it.

The only Canadian political parties opposed to electoral reform are the Conservative and Liberal parties. Canada has other choices.  Visit the Elections Canada site to see what choices are available in your riding.

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