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?
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.
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.
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
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
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.
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.
I think that this film is brilliant in its simplicity; it explains exactly what is wrong with what Annie Leonard calls the Electronics industry’s “Designed for the Dump” strategy.
They try to make this sound palatable by calling it “planned obsolescence”.
Deliberately manufacturing short lived physical materiel is not environmentally sustainable.
Bill C-32 legislates stuff to the Dump
Bill C-32, the so-called “Copyright Modernization Act,” has finished Second Reading and is in committee.
In spite of near universal opposition to this legislation which continues many bad elements first seen in its predecessors, Bill C-60 and C-61, the draft Bill C-32 ignores the majority of citizen input provided through the 2009 Copyright Consultation.
But as bad as the American DMCA is, Bill C-32, the Canadian version will be much worse.
The DMCA does not make any aspect of their Fair Use regime subservient to technical measures, making the DMCA closer to the intent of the 1996 WIPO treaties to tie TPMs to infringing activities than C-32.
Q: How does “The Story of Electronics” tie in to the draft Canadian Bill C-32?
A: Making repair and recycling illegal will legislate Electronics to the Dump
By making circumvention of digital locks illegal for any purpose, electronics and media that still work, or that could be made to work, will now be legally consigned to the dump. Format shifting, recycling and repair of electronics with digital locks will be illegal.
Digital Locks prevent format shifting.
Unlike videotape, DVDs will play in any DVD player. At least until manufacturers add region encoding (digital locks/DRM/TPM). When a Florida company shipped me a European DVD instead of the region 1 DVD that I would have been able to play on a Canadian DVD player, for me the DVD was garbage. I couldn’t play it the first time.
The company was aware that it was an error and shipped me a new copy of the DVD that was Region 1, so I wasn’t out of pocket. (They did not want the DVD back.) But the environment was.
When people move geographical locations if they move to a different “DVD region,” suddenly all their old technology and media can no longer be used because of digital locks. The ONLY reason that this is so is because of the digital locks applied by the manufacturer. Their idea is, as always, to sell more stuff. Wringing extra money from the consumer.
Consumers want to format shift, again for personal use, so that they can access their legally purchased content on their different devices.
When media and the devices we play it on become obsolete they proliferate in our dumps.
Digital Locks prevent us from repairing problems caused by DRM/TPM
Nobody seems to talk about the fact that the addition of digital locks/DRM/TPM quite often makes our media and devices not work. Ever had trouble playing your home burned home movie DVD in your DVD player. Or your grandmother’s DVD player? How about burning home movie DVDs at all.
Chances are that your digital stuff doesn’t work/is broken BECAUSE of digital locks. DRM. TPM,
If Bill C-32 passes as is, it will be illegal to fix it.
I foolishly bought an HP bubble printer without realizing the ink cartridges have DRM. It doesn’t matter how much ink is actually left in the cartridge, my cartridges are empty when the digital locks say they are. Which means, among other things, that I can’t save money and the environment by refilling them.
But I expect that refilling printer toner cartridges that have TPM will be illegal under Bill C-32 too.
No one is talking about this. Are they copyright issues? They should not be. But it once circumventing digital locks becomes illegal across the board I would expect they would be covered by Bill C-32.
Then there are all the OTHER uses of digital technology. Digital elements exist in refrigerators and cars, not just music and movies. If there aren’t TPMs on these things now, there will be once Bill C-32 becomes law. Because if circumventing digital locks is illegal, manufacturers would be foolish not to put digital locks on anything they can.
Which would be an even worse environmental catastrophe. Governments should not be legislating anti-interoperability. For the good of the environment.
Canada’s technology will not just be
“Designed For The Dump”
“Legislated To The Dump”
by Bill C-32
[[Note to Malcolm Gladwell: yes Malcolm, there are online activists, and you know what? They do good work!]