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Anti-Canadian DMCA Momentum Begins to Build

The Canadian DMCA may not be introduced until next week (Tuesday is the rumoured day), but many are not waiting until the bill comes to make their views known.  Over the past few days, there has been an incredible amount of action and growing media coverage.  This includes: Letters to […]

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December 6, 2007 13 comments News

Cellphone Spectrum Set-Aside Simply Step One

My weekly technology law column (Toronto Star version, Ottawa Citizen version, homepage version) focuses on the recent government spectrum allocation announcement.  I argue that new wireless competition will be welcome news to consumers, however, it represents only part of the solution.  The day before the Prentice press conference, U.S.-based Verizon Wireless shocked the industry by announcing that next year it will adopt an "open network" approach that will remove the restrictive walled garden that typifies the incumbent carriers.  Instead, its customers will be permitted to use any device and any application that meets minimum technical standards. The Verizon decision comes just weeks after Google introduced a partnership with leading U.S. carriers such as Sprint and T-Mobile to create the Open Handset Alliance, which will similarly enable consumers to use devices that are fully open to new innovation and third-party programs.

This rush toward an open cellphone market stands in sharp contrast to years of restricted networks that left decisions about new devices and functionality strictly in the hands of a few dominant cellphone providers. 

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December 5, 2007 1 comment Columns

RCMP Demonstrates That Movie Piracy Law Unnecessary

Throughout the debate over Bill C-59, Canada's fast-tracked anti-camcording law, I consistently argued that there was no need for additional legislation since the Copyright Act was already well-equipped to deal with problem (documents obtained under the Access to Information Act reveal that that was the view of Department of Justice […]

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December 5, 2007 7 comments News

Prentice To Oppose Canadian Universities

The Association of Universities and Colleges of Canada has issued its position paper on copyright reform.  If the bill coming next week is as expected, Industry Minister Jim Prentice will be issuing a major rejection of the concerns of Canada's higher education community.  The AUCC has listed four recommendations – […]

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December 5, 2007 2 comments News

Ten Questions for Industry Minister Jim Prentice

CBC's Search Engine received hundreds of questions for Industry Minister Jim Prentice on the forthcoming copyright bill, yet the Minister advised the program yesterday that he would not take any questions until the bill is introduced.  Prentice's unwillingness to respond to Canadians' concerns speaks volumes, but on the assumption that he will eventually defend his Canadian DMCA, I would ask the following ten questions:

1.   After you unveiled the government's approach to the release of new spectrum, you indicated that you granted a full hour to each company involved in the issue to state their case.  It has also been reported that you have met with U.S. Ambassador David Wilkins on the copyright issue.  Would you please advise which other stakeholders you've met with on copyright reform?  Have you personally met with consumer groups, privacy commissioners, education groups, researchers, and creator groups such as the Canadian Music Creators Coalition and Appropriation Art, to hear their concerns?

2.   The public was last consulted on digital copyright reform more than six years ago in 2001.  Given the dramatic change since that time, why has the government not consulted the public on this issue before introducing major copyright reforms? Given the lack of consultation, will the government commit to full committee hearings that grants everyone who wants to appear the right to do so?

3.   While the government is clearly committed to implementing the WIPO Internet treaties, those treaties feature considerable flexibility.  Leaving aside the debate over whether the treaties are good policy for Canada, there is no debating that Canada need not adopt a maximalist, U.S.-style DMCA in order to be compliant with the treaties.  Given that flexibility (which was embraced in the 2005 Bill C-60 bill that died on the order paper), why would you revert unnecessarily to a more restrictive approach?

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December 4, 2007 13 comments News