StylinRed
09-29-2011, 11:08 PM
So now that the cons have a majority they're pushing in their copyright bill the liberals say no changes were made from the last time (even though it was said that changes would be needed)
anyhow here's some articles on it
Copyright laws could be updated by Christmas
The federal government has reintroduced a copyright reform bill that it says will give owners more control over their intellectual property and ease penalties for individuals who make copies of digitally encrypted material.
The government says that Canada's existing copyright laws are outdated, having last been overhauled in 1997. But consumers today are using tablets, electronic readers and other devices that have changed the way they create and use media.
"Canadians will soon have modern copyright laws that protect and help create jobs, promote innovation, and attract new investment to Canada," Industry Minister Christian Paradis said in a statement.
"We are confident that this bill will make Canada's copyright laws forward-looking and responsive in this fast-paced digital world."
Many of the proposed changes relate to how intellectual property is handled when using electronic devices or online distribution systems. They aim to give content creators more tools to control the distribution of their work and a greater variety of legal options to exercise when their works are infringed upon.
Owners of intellectual property will be able to use "technological protection measures," or digital locks, in an attempt to prevent consumers from accessing their material without authorization.
But consumers will also benefit from the new bill, according to the government.
The Copyright Modernization Act spells out specific ways in which Canadians can make legal use of electronic material they obtain. It also drops the legal damages that individuals can sustain -- from $20,000 down to $5,000 -- for infringing on a copyright-protected work.
The Act died in the last session of Parliament and was introduced as Bill C-11 in the House of Commons on Thursday morning "without changes" from its prior version, according to the government.
Opposition reaction
New Democrat MP Charlie Angus told reporters that his party will not support the bill because there are problems relating to royalties for artists and materials for distance education, among other things.
"The previous bill was a dog's breakfast, it was completely unworkable," Angus said Thursday. "The government is looking to try to find a balance but they haven't found it yet."
Meanwhile Liberal industry critic Geoff Regan said in a statement that reintroducing the bill without any changes "makes a mockery" of earlier consultations regarding the reforms.
In the previous Parliament, Regan said, "we heard from hundreds of witnesses who presented reasonable suggestions to improve the Conservative bill. Those recommendations have been completely ignored."
Heritage Minister James Moore billed the reforms as a way for Canada to attract investment and jobs by better protecting intellectual property.
"We want to make piracy illegal in Canada, which is what this legislation does," he said Thursday on CTV's Power Play.
Under the new legislation, Moore said the onus will be on owners to defend their copyrighted material. Internet service providers will also have a responsibility to approach customers about infractions if they get a complaint about copyright infringement, he said.
Enforcement question
Technology analyst Carmi Levy said the copyright legislation would bring Canada "up to the global standard" if it becomes law.
But the new measures will also require greater police enforcement, he said.
"We can have the most stringent legislation in force on the planet, but if police forces across the country don't in fact go ahead and enforce it more than they have been, it really isn't going to mean a whole lot."
On Twitter, Moore posted quotes from organizations that support the forthcoming changes in the legislation.
The Entertainment Software Alliance of Canada said "we strongly support the principles underlying the Copyright Act," according to one tweet Moore sent out on Thursday morning.
Both Music Canada and Access Copyright said the copyright changes were long awaited, while the Canadian Anti-Counterfeiting Network congratulated the government for "taking strong action to protect copyright holders."
Moore told reporters that he hopes the bill will clear the House of Commons by Christmas.
CTV Montreal - Copyright laws could be updated by Christmas - CTV News (http://montreal.ctv.ca/servlet/an/local/CTVNews/20110929/conservative-copyright-bill-legislation-ottawa-110929/20110929/?hub=MontrealHome)
No one will like the new copyright laws Bill C-11 promotes business interests-Ottowa Citizen (http://www.ottawacitizen.com/entertainment/movie-guide/will+like+copyright+laws/5480228/story.html)
The definition of a good compromise is when everyone walks away from the table grumpy.
By that measure, the federal government's copyright legislation, Bill C-11, does a very good job of protecting consumer rights while promoting the interests of big business.
Copyright is tricky stuff, especially in the electronic age when file sharing and a plethora of available content have blurred the lines between right and wrong online. Consumers shouldn't be downloading stuff from sketchy online sources without paying for it. But, they should be allowed to use a personal video recorder to record a TV show, or rip a CD to their iPod to take with them on the road.
That said, big movie studios and record labels shouldn't be able to tie up Canadian courts for months while they try to sue thousands of individuals for hundreds of thousands of dollars over suspicions they may been pirating content.
That Bill C-11 can address all of that is worthy of applause.
Under the new bill, consumers are given specific rights. They are now able to rip their old CDs to an iPod-type device, a grey area under previous copyright law.
They can also make a copy of any legitimately acquired music, film or other work to any device or medium for private use and make backup copies of those works, as long as the consumer does not have to circumvent any digital locks to make that copy.
The digital lock issue is one that has many consumers up in arms.
Most music bought today has no digital restrictions. But movies and other material do. As someone who has a media server and a multitude of movies stored on it, all ripped from DVDs that were purchased, I understand the arguments completely. I have two young children and they destroy DVDs; I once caught them racing across the room and grinding discs into the carpet. That ultimately made me decide to store everything on the media server and stream it over my home network to whatever TV or device I choose. The DVDs were safe in a box in the basement and the kids got to keep watching the movies they love.
Under Bill C-11, that practice will become illegal, which is a loss for consumers. However, outcry over the issue has forced the movie studios to change the way they release their titles.
Many new DVDs and Bluray discs come with "digital copies" of the movie or codes to obtain a digital copy, allowing people to have a digital version of the film without breaking copyright law. It's not perfect, but it's a start.
It's also important to remember that the whole debate about breaking a digital lock to backup a DVD is collateral damage resulting from a much bigger problem.
While DVDs use locks to keep a movie safe from would-be pirates, so does software like Apple Inc.'s OS X and Microsoft Corp.'s Windows operating system. All video games are locked down to prevent theft. Those industries are being ravaged by individuals who would much sooner download an illegal copy than pay for the product at retail stores.
The next time you hear about someone modifying an X-Box 360 to play "backup games," be sure to thank them for taking away your ability to backup legally purchased DVDs.
Where the consumer has clearly won is in the reduction of the maximum penalty that can be awarded by a court as a result of copyright infringement.
In the United States, lawyers representing movie studios have been seeking hundreds of thousands in damages from people suspected of pirating films. Courts in the U.S. can fine an individual up to $150,000 if they are caught illegally downloading a file.
Prior to Bill C-11, Canadians could be fined up to $20,000. The new maximum for damages to individuals is $5,000.
That would barely cover legal costs, which means frivolous lawsuits like the ones taking place in the U.S. are extremely unlikely.
The bill also makes mandatory the "notice and notice" system already widely used by Internet service providers (ISPs) on a voluntary basis in Canada. The system will see ISPs act as a filter between the copyright holder and the consumer. Consumers suspected of file sharing will have a "cease and desist" or takedown notice forwarded to them by their ISP. This way no one's private information is shared. The policy is in contrast to the "notice and takedown" system in place in the U.S., where ISPs are informed of possible copyright infringement and then required to take down that content immediately, even if it means suspending a user's Internet access.
Canadians are also now free to make "mash-ups," a mix of copyrighted files, for non-commercial purposes.
This means that 30-second video of your three-yearold dancing to the music of Prince no longer infringes on copyright laws.
The bill gives certain rights to educators to copy and distribute material for learning purposes and distance learning, it also gives new powers to big business to go after websites that promote the sharing of copyrighted files.
No one side is coming out of this as the clear victor. The government is making sure that everyone is giving in a little and leaving this table grumpy. While consumers are likely to be angered by the inability to backup their DVDs, industry hasn't received sweeping U.S.-style powers to force ISPs to shut down the accounts of suspected copyright infringers.
Instead C-11 walks a fine line and brings Canadian copyright laws that haven't been updated in more than a decade into the 21st century.
© Copyright (c) The Ottawa Citizen
Tories vow to push through copyright overhaul as written - Globe and Mail (http://www.theglobeandmail.com/news/politics/tories-vow-to-push-through-copyright-overhaul-as-written/article2184521/)
Breaking the digital encryption on a movie DVD – even if copying it for personal use – would make individual Canadians liable for legal damages of up to $5,000 under a tougher copyright law unveiled by the Harper government Thursday.
In what will be music to Washington's ears, the Harper government is moving ahead with a crackdown on copying intellectual property from DVDs to e-books that have a digital “lock” on them.
The Conservatives also signalled they’re not prepared to soften this approach for consumers who try to make copies of locked items for personal use.
“This legislation makes piracy illegal in Canada,” Heritage Minister James Moore said Thursday.
The Conservatives are signalling they’re not keen on budging from the bill as written, even though the digital lock provisions go beyond Canada’s obligations under international treaties.
Mr. Moore said the Tories will listen to what the Official Opposition NDP has to say, but he hinted the Conservatives aren’t expecting to compromise on digital locks.
“Unless it’s something that’s particularly stunning, I don’t see us moving,” the Heritage Minister said at a news conference with Industry Minister Christian Paradis. “We’ve heard all the arguments and we’re comfortable with our legislation.”
The bill is an exact copy of what the Conservative government tried to pass before the 2011 election.
The legislation, long sought by the U.S. government, seeks to put more teeth in copyright law for those who make software, movies and other creative works – and have seen their intellectual property increasingly pirated around the globe.
At the same time, the bill tries to soften the blow for consumers by legalizing commonplace but grey-area practices such as backing up the contents of a music CD, home recording of TV episodes for later viewing or copying legally acquired music to a digital player.
The centrepiece of the legislation, however, is the Conservative proposal to put new legal heft behind the digital locks, or encryptions, that copyright holders place on products such as movies, video games and electronic books. It would make it illegal to crack these in most cases, including for personal use.
This trumps consumer rights and means, for instance, that allowances for Canadians to back up or duplicate copyrighted works for personal use disappear if a digital lock is present.
Mr. Moore said the Tories are unwilling to modify the bill to allow an exemption from digital lock breaking penalties for personal use, such as making a backup copy of an encrypted DVD.
He said the Conservatives would rather let the market resolve consumer reaction to digital locks, suggesting if many buyers balk at them, companies would offer alternatives.
“The movie industry has digital locks on some films and not others ... An informed consumer makes the right choices. If people don’t want to buy a piece of software or a movie that has a digital lock, the don’t have to,” Mr. Moore said.
“It’s not that dissimilar from the organic food industry. If you want to buy organic food, buy organic food – and people will promote it that way,” he said.
“It’s not in the interest of the movie industry, the software industry, the video game industry to alienate and prosecute their customers. That’s not what they want to do. They want to engage with them in the marketplace,” the heritage minister said.
Film companies have prosecuted consumers though, most famously in the case of Americans who downloaded pirated copies of the Oscar-award winning film, the Hurt Locker.
The Tories held a news conference on the bill at the Ottawa office of a software developer Thursday, a move intended to drive home the message that cracking down on copyright infringement protects investment in Canada.
It targets big online pirates instead of individual freeloaders and would in fact lighten rather than increase maximum legal penalties for those who illegally download or upload copyrighted works on the Internet for non-commercial reasons.
The government is proposing to scale back the total legal damages that individual Canadians could incur for piracy of goods for personal use: to a maximum of $5,000 for all infringing activity, from an existing ceiling of up to $20,000 per protected work.
Instead, the bill would go after the big fish in Internet copyright infringement, giving copyright owners stronger legal tools to shut down “pirate websites” in Canada that support file-sharing and introducing a separate criminal penalty of up to $1-million for serious cases where commercially motivated pirates crack digital encryptions.
The Tories are also expanding a limited list of exceptions where Canadians will be able to break copyright for legal reasons, adding parody and satire and limited allowances for education.
In what might be called the YouTube exemption, Canadians also will be free to create video “mash-ups” that borrow from commercial works for posting online.
Ottawa is trying to update copyright law – which hasn't seen substantial amendments since 1997 – to reflect its obligations under international accords that have been toughened in the past decade.
The United States, home to Hollywood and a big software and music industry, has long pressed Canada to strengthen protections against piracy.
The bill also codifies in law the “notice and notice” regime that Canadian Internet service providers employ when their customers are accused of infringing a copyright. Instead of the U.S. approach, where American ISPs are encouraged to unilaterally remove material accused of infringing copyright, Canada will formalize a system where ISPs first notify customers of the alleged infringement.
Mr. Moore said the Tories hope to pass the legislation through the Commons before Christmas. He said the Conservative want to accelerate the timetable for passing the bill where possible.
anyhow here's some articles on it
Copyright laws could be updated by Christmas
The federal government has reintroduced a copyright reform bill that it says will give owners more control over their intellectual property and ease penalties for individuals who make copies of digitally encrypted material.
The government says that Canada's existing copyright laws are outdated, having last been overhauled in 1997. But consumers today are using tablets, electronic readers and other devices that have changed the way they create and use media.
"Canadians will soon have modern copyright laws that protect and help create jobs, promote innovation, and attract new investment to Canada," Industry Minister Christian Paradis said in a statement.
"We are confident that this bill will make Canada's copyright laws forward-looking and responsive in this fast-paced digital world."
Many of the proposed changes relate to how intellectual property is handled when using electronic devices or online distribution systems. They aim to give content creators more tools to control the distribution of their work and a greater variety of legal options to exercise when their works are infringed upon.
Owners of intellectual property will be able to use "technological protection measures," or digital locks, in an attempt to prevent consumers from accessing their material without authorization.
But consumers will also benefit from the new bill, according to the government.
The Copyright Modernization Act spells out specific ways in which Canadians can make legal use of electronic material they obtain. It also drops the legal damages that individuals can sustain -- from $20,000 down to $5,000 -- for infringing on a copyright-protected work.
The Act died in the last session of Parliament and was introduced as Bill C-11 in the House of Commons on Thursday morning "without changes" from its prior version, according to the government.
Opposition reaction
New Democrat MP Charlie Angus told reporters that his party will not support the bill because there are problems relating to royalties for artists and materials for distance education, among other things.
"The previous bill was a dog's breakfast, it was completely unworkable," Angus said Thursday. "The government is looking to try to find a balance but they haven't found it yet."
Meanwhile Liberal industry critic Geoff Regan said in a statement that reintroducing the bill without any changes "makes a mockery" of earlier consultations regarding the reforms.
In the previous Parliament, Regan said, "we heard from hundreds of witnesses who presented reasonable suggestions to improve the Conservative bill. Those recommendations have been completely ignored."
Heritage Minister James Moore billed the reforms as a way for Canada to attract investment and jobs by better protecting intellectual property.
"We want to make piracy illegal in Canada, which is what this legislation does," he said Thursday on CTV's Power Play.
Under the new legislation, Moore said the onus will be on owners to defend their copyrighted material. Internet service providers will also have a responsibility to approach customers about infractions if they get a complaint about copyright infringement, he said.
Enforcement question
Technology analyst Carmi Levy said the copyright legislation would bring Canada "up to the global standard" if it becomes law.
But the new measures will also require greater police enforcement, he said.
"We can have the most stringent legislation in force on the planet, but if police forces across the country don't in fact go ahead and enforce it more than they have been, it really isn't going to mean a whole lot."
On Twitter, Moore posted quotes from organizations that support the forthcoming changes in the legislation.
The Entertainment Software Alliance of Canada said "we strongly support the principles underlying the Copyright Act," according to one tweet Moore sent out on Thursday morning.
Both Music Canada and Access Copyright said the copyright changes were long awaited, while the Canadian Anti-Counterfeiting Network congratulated the government for "taking strong action to protect copyright holders."
Moore told reporters that he hopes the bill will clear the House of Commons by Christmas.
CTV Montreal - Copyright laws could be updated by Christmas - CTV News (http://montreal.ctv.ca/servlet/an/local/CTVNews/20110929/conservative-copyright-bill-legislation-ottawa-110929/20110929/?hub=MontrealHome)
No one will like the new copyright laws Bill C-11 promotes business interests-Ottowa Citizen (http://www.ottawacitizen.com/entertainment/movie-guide/will+like+copyright+laws/5480228/story.html)
The definition of a good compromise is when everyone walks away from the table grumpy.
By that measure, the federal government's copyright legislation, Bill C-11, does a very good job of protecting consumer rights while promoting the interests of big business.
Copyright is tricky stuff, especially in the electronic age when file sharing and a plethora of available content have blurred the lines between right and wrong online. Consumers shouldn't be downloading stuff from sketchy online sources without paying for it. But, they should be allowed to use a personal video recorder to record a TV show, or rip a CD to their iPod to take with them on the road.
That said, big movie studios and record labels shouldn't be able to tie up Canadian courts for months while they try to sue thousands of individuals for hundreds of thousands of dollars over suspicions they may been pirating content.
That Bill C-11 can address all of that is worthy of applause.
Under the new bill, consumers are given specific rights. They are now able to rip their old CDs to an iPod-type device, a grey area under previous copyright law.
They can also make a copy of any legitimately acquired music, film or other work to any device or medium for private use and make backup copies of those works, as long as the consumer does not have to circumvent any digital locks to make that copy.
The digital lock issue is one that has many consumers up in arms.
Most music bought today has no digital restrictions. But movies and other material do. As someone who has a media server and a multitude of movies stored on it, all ripped from DVDs that were purchased, I understand the arguments completely. I have two young children and they destroy DVDs; I once caught them racing across the room and grinding discs into the carpet. That ultimately made me decide to store everything on the media server and stream it over my home network to whatever TV or device I choose. The DVDs were safe in a box in the basement and the kids got to keep watching the movies they love.
Under Bill C-11, that practice will become illegal, which is a loss for consumers. However, outcry over the issue has forced the movie studios to change the way they release their titles.
Many new DVDs and Bluray discs come with "digital copies" of the movie or codes to obtain a digital copy, allowing people to have a digital version of the film without breaking copyright law. It's not perfect, but it's a start.
It's also important to remember that the whole debate about breaking a digital lock to backup a DVD is collateral damage resulting from a much bigger problem.
While DVDs use locks to keep a movie safe from would-be pirates, so does software like Apple Inc.'s OS X and Microsoft Corp.'s Windows operating system. All video games are locked down to prevent theft. Those industries are being ravaged by individuals who would much sooner download an illegal copy than pay for the product at retail stores.
The next time you hear about someone modifying an X-Box 360 to play "backup games," be sure to thank them for taking away your ability to backup legally purchased DVDs.
Where the consumer has clearly won is in the reduction of the maximum penalty that can be awarded by a court as a result of copyright infringement.
In the United States, lawyers representing movie studios have been seeking hundreds of thousands in damages from people suspected of pirating films. Courts in the U.S. can fine an individual up to $150,000 if they are caught illegally downloading a file.
Prior to Bill C-11, Canadians could be fined up to $20,000. The new maximum for damages to individuals is $5,000.
That would barely cover legal costs, which means frivolous lawsuits like the ones taking place in the U.S. are extremely unlikely.
The bill also makes mandatory the "notice and notice" system already widely used by Internet service providers (ISPs) on a voluntary basis in Canada. The system will see ISPs act as a filter between the copyright holder and the consumer. Consumers suspected of file sharing will have a "cease and desist" or takedown notice forwarded to them by their ISP. This way no one's private information is shared. The policy is in contrast to the "notice and takedown" system in place in the U.S., where ISPs are informed of possible copyright infringement and then required to take down that content immediately, even if it means suspending a user's Internet access.
Canadians are also now free to make "mash-ups," a mix of copyrighted files, for non-commercial purposes.
This means that 30-second video of your three-yearold dancing to the music of Prince no longer infringes on copyright laws.
The bill gives certain rights to educators to copy and distribute material for learning purposes and distance learning, it also gives new powers to big business to go after websites that promote the sharing of copyrighted files.
No one side is coming out of this as the clear victor. The government is making sure that everyone is giving in a little and leaving this table grumpy. While consumers are likely to be angered by the inability to backup their DVDs, industry hasn't received sweeping U.S.-style powers to force ISPs to shut down the accounts of suspected copyright infringers.
Instead C-11 walks a fine line and brings Canadian copyright laws that haven't been updated in more than a decade into the 21st century.
© Copyright (c) The Ottawa Citizen
Tories vow to push through copyright overhaul as written - Globe and Mail (http://www.theglobeandmail.com/news/politics/tories-vow-to-push-through-copyright-overhaul-as-written/article2184521/)
Breaking the digital encryption on a movie DVD – even if copying it for personal use – would make individual Canadians liable for legal damages of up to $5,000 under a tougher copyright law unveiled by the Harper government Thursday.
In what will be music to Washington's ears, the Harper government is moving ahead with a crackdown on copying intellectual property from DVDs to e-books that have a digital “lock” on them.
The Conservatives also signalled they’re not prepared to soften this approach for consumers who try to make copies of locked items for personal use.
“This legislation makes piracy illegal in Canada,” Heritage Minister James Moore said Thursday.
The Conservatives are signalling they’re not keen on budging from the bill as written, even though the digital lock provisions go beyond Canada’s obligations under international treaties.
Mr. Moore said the Tories will listen to what the Official Opposition NDP has to say, but he hinted the Conservatives aren’t expecting to compromise on digital locks.
“Unless it’s something that’s particularly stunning, I don’t see us moving,” the Heritage Minister said at a news conference with Industry Minister Christian Paradis. “We’ve heard all the arguments and we’re comfortable with our legislation.”
The bill is an exact copy of what the Conservative government tried to pass before the 2011 election.
The legislation, long sought by the U.S. government, seeks to put more teeth in copyright law for those who make software, movies and other creative works – and have seen their intellectual property increasingly pirated around the globe.
At the same time, the bill tries to soften the blow for consumers by legalizing commonplace but grey-area practices such as backing up the contents of a music CD, home recording of TV episodes for later viewing or copying legally acquired music to a digital player.
The centrepiece of the legislation, however, is the Conservative proposal to put new legal heft behind the digital locks, or encryptions, that copyright holders place on products such as movies, video games and electronic books. It would make it illegal to crack these in most cases, including for personal use.
This trumps consumer rights and means, for instance, that allowances for Canadians to back up or duplicate copyrighted works for personal use disappear if a digital lock is present.
Mr. Moore said the Tories are unwilling to modify the bill to allow an exemption from digital lock breaking penalties for personal use, such as making a backup copy of an encrypted DVD.
He said the Conservatives would rather let the market resolve consumer reaction to digital locks, suggesting if many buyers balk at them, companies would offer alternatives.
“The movie industry has digital locks on some films and not others ... An informed consumer makes the right choices. If people don’t want to buy a piece of software or a movie that has a digital lock, the don’t have to,” Mr. Moore said.
“It’s not that dissimilar from the organic food industry. If you want to buy organic food, buy organic food – and people will promote it that way,” he said.
“It’s not in the interest of the movie industry, the software industry, the video game industry to alienate and prosecute their customers. That’s not what they want to do. They want to engage with them in the marketplace,” the heritage minister said.
Film companies have prosecuted consumers though, most famously in the case of Americans who downloaded pirated copies of the Oscar-award winning film, the Hurt Locker.
The Tories held a news conference on the bill at the Ottawa office of a software developer Thursday, a move intended to drive home the message that cracking down on copyright infringement protects investment in Canada.
It targets big online pirates instead of individual freeloaders and would in fact lighten rather than increase maximum legal penalties for those who illegally download or upload copyrighted works on the Internet for non-commercial reasons.
The government is proposing to scale back the total legal damages that individual Canadians could incur for piracy of goods for personal use: to a maximum of $5,000 for all infringing activity, from an existing ceiling of up to $20,000 per protected work.
Instead, the bill would go after the big fish in Internet copyright infringement, giving copyright owners stronger legal tools to shut down “pirate websites” in Canada that support file-sharing and introducing a separate criminal penalty of up to $1-million for serious cases where commercially motivated pirates crack digital encryptions.
The Tories are also expanding a limited list of exceptions where Canadians will be able to break copyright for legal reasons, adding parody and satire and limited allowances for education.
In what might be called the YouTube exemption, Canadians also will be free to create video “mash-ups” that borrow from commercial works for posting online.
Ottawa is trying to update copyright law – which hasn't seen substantial amendments since 1997 – to reflect its obligations under international accords that have been toughened in the past decade.
The United States, home to Hollywood and a big software and music industry, has long pressed Canada to strengthen protections against piracy.
The bill also codifies in law the “notice and notice” regime that Canadian Internet service providers employ when their customers are accused of infringing a copyright. Instead of the U.S. approach, where American ISPs are encouraged to unilaterally remove material accused of infringing copyright, Canada will formalize a system where ISPs first notify customers of the alleged infringement.
Mr. Moore said the Tories hope to pass the legislation through the Commons before Christmas. He said the Conservative want to accelerate the timetable for passing the bill where possible.