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Canadian DMCA Bill Withdrawn

Posted by kdawson on Mon Dec 10, 2007 09:11 PM
from the voice-of-the-people dept.
ToriaUru writes to let us know that Michael Geist is reporting that the Canadian Minister of Industry will not be introducing the proposed Canadian Digital Millennium Copyright Act legislation as scheduled. That proposed legislation, discussed here a couple of weeks back, is now reaching Canada's mainstream press. Geist doesn't speculate on why the legislation is being withdrawn, but it could have something to do with the massive popular outcry against the proposal that Geist helped to orchestrate.
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[+] News: Canada's New DMCA Considered Worst Copyright Law 234 comments
loconet writes "The government of Canada is preparing to attempt to bring a new DMCA-modeled copyright law in Canada in order to comply with the WIPO treaties the country signed in 1997. (These treaties were also the base of the American DMCA.) The new Canadian law will be even more restrictive in nature than the American version and worse than the last Canadian copyright proposal, the defeated Bill C-60. Among the many restrictive clauses in this new law, as Michael Geist explains, is the total abolishment of the concept of fair use: 'No parody exception. No time shifting exception. No device shifting exception. No expanded backup provision. Nothing.' Geist provides a list of 30 things that can be done to address the issues."
[+] Your Rights Online: Privacy Commissioner Criticizes Canadian DMCA 72 comments
I Don't Believe in Imaginary Property writes "Jennifer Stoddart, the Privacy Commissioner of Canada, has criticized the proposed Canadian DMCA in a public letter to Jim Prentice, the Canadian Minister of Industry. Specifically, she's asking them not to protect any DRM from circumvention that gathers and transmits personal data, because that would give abusive DRM makers a legal cudgel to use against anyone who exposes them. The proposed bill, which was recently delayed due to heavy opposition, is thought to contain DMCA-style anti-circumvention provisions that would make it illegal to investigate or remove intrusive DRM, even if that DRM was violating Canadian privacy laws."
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  • by zonky (1153039) on Monday December 10 2007, @09:13PM (#21650715)
    Blame Canada [wikipedia.org]
    • Re: (Score:3, Insightful)

      Too bad they had to censor that song because of the FCC. First amendment, whats that?
    • by DaedalusHKX (660194) on Monday December 10 2007, @09:27PM (#21650809) Journal
      Like all unpopular legislature, first its tried legitimately. Secondly it is passed by governmental or bureaucratic fiat. They will simply make a regulation to cover it if actual legislation does not work. BATFE did it with guns in the USA, DEA did it with drugs in the USA, FDA does it to various foods, OSHA does it with workplaces (though the enforcement, from my days doing construction is haphazard at worst and selective at best).

      So, it will go to a small blip or nonexistent blip on the radar, and a year down the road, the RCMP will be kicking in doors or seizing equipment based on a treaty ratified with Bun-fuk-u-stan, which states that they have to enforce whatever treaty was accepted for the "benefits of Canda's socialized welfare system".

      That or the UN, intergovernmental panel on climate change will discover that Britney's pirated MP3's are actually causing global warming or costing Britney so much in lost royalties that she can't afford to feed those starving children that the UN has failed to care for over the years (Kofi Anan's son, however, managed to buy himself a pair of Lamborghinis with the money he received as "salary")

      (And we know that a bunch of politically appointed "scientists" and bureaucrats are going to be FAR more correct on telling us why the earth is getting warmer each morning and colder each evening, because that damn glowing orb in the sky that has had variable output over several million/billion years is just too insignificant to really matter... its wooden stoves that heat up the earth and diesel engines, so shut down that goddamn sun and stop wasting that heat!!)
      • I am a little confused by your ... err ... post. You know we're talking about Canada and not the US, right? Also, you know we're talking about digital rights right?

        Where does global warming, the UN, the USA and Kofi's son come into it?

        ]{
      • Re: (Score:2, Funny)

        by Anonymous Coward
        "the UN, intergovernmental panel on climate change will discover that Britney's pirated MP3's are actually causing global warming"

        I am fully supportive of any UN action that results in less Britney Spears. Pro-piracy, anti-piracy, pro-climate-change, anti-climate-change ... doesn't matter ... if it results in less Britney Spears I'll sign the treaty.
    • No, their response would be:

      "And it would have worked, too, if it wasn't for those meddling kids!!"
  • well done (Score:3, Insightful)

    by geekoid (135745) <dadinportlandNO@SPAMyahoo.com> on Monday December 10 2007, @09:16PM (#21650739) Homepage Journal
    All of you that raised there voice, gratz.

    The rest of you that just whined but could take the time to actually help do something:
    You got luck this time, you leeching mother fuckers.
    • The rest of you that just whined but could take the time to actually help do something:

      Well, I did my best to explain to President Bush that Canada was working on weapons of mass destruction and needed to be bombed immediately. However, he merely shrugged and said that would be something for Jenna to deal with when she is President.

    • Re:well done (Score:5, Informative)

      by ToriaUru (750485) on Monday December 10 2007, @09:44PM (#21650929) Homepage
      Yes, thanks, and the praise should mostly go to Dr. Geist, who's fighting it tooth and nail. And the others on the band-wagon. We all need to keep writing the M.P.'s, the Ministers, the letters to the editors. Keep it out there, in public. Not hidden/forgotten. :)
    • Absolutely agreed. I emailed my MP on the matter (could have written a real letter, that's on my to-do for next time this bill inevitably shows up). This is an example of representative government actually working, we ought to be celebrating. When your government works like it's supposed to, it's everyone's responsibility to be vigilant keep it working!

      My praise and congratulations go out to Dr. Geist, who successfully rallied the people. If only there were more men like him out in the world.

      • What should I do if my MP shrugs me off saying he will ask about my question in Parliament, then tell me he doesn't have time to discuss his point of view of Copyright because of Mulroney?
        • Re: (Score:3, Informative)

          Tell him that you will not vote for a representative who cannot represent the views of his constituents, and regretfully inform him that he cannot count on your vote in the next election. That's all. Encourage more people in your community to speak to your MP about the same matter - if enough people show their interest in the issue, your MP *will* do something, or risk losing his seat shortly.
      • Re:well done (Score:5, Informative)

        by bouchecl (1001775) on Monday December 10 2007, @09:55PM (#21651017)

        Actually, I was going to print and send in letters to my MP (John Godfrey, Liberal), the PM, the Minister of Industry (Jim Prentice), Minister of Canadian Heritage (Josee Verner), and get >25 people from my school to sign a petition to send to my MP on Monday, but I probably won't now. I could take the time to actually do something, but it's easier to wait until a weekday, where you have more contact with other people.
        Actually, the bill hasn't been withdrawn, it has been delayed, according to prof. Geist (be wary of /. headlines and read TFA anyway). I think your petition drive and the letter writing campaign is still in order because it could come back in 2008.
      • How much stronger it looks when in a single week 10,000 people organize themselves in protest based on incomplete information. You can always contact your MP twice - once to say you are concerned about the bill, the second time to oppose it. I'm sure those of us who did write fully intend to follow up when necessary.

        And we did know something about the bill. We knew a ban on DRM circumvention technology was in it because the government announced it would implement the WIPO treaty. That in itself is bad e
      • I considered waiting till the Bill was introduced but decided against it for the simple reason that they shouldn't be introducing this Bill without EXTENSIVE public consultation.

        So, Minister Prentice received an email (and would have called him from Toronto as well, but .... couldn't get through to his voicemail) :)
  • the usual (Score:5, Insightful)

    by TheSHAD0W (258774) on Monday December 10 2007, @09:17PM (#21650749) Homepage
    It's the usual. Legislators listen to lobbyists, at least until their constituents protest their heads off. Then they'll bother to read the actual bill.
    • Re:the usual (Score:5, Informative)

      by schon (31600) on Monday December 10 2007, @09:40PM (#21650899) Homepage

      Then they'll bother to read the actual bill.
      Contrary to belief, there was no actual bill to read.

      This was about a bill that was going to be tabled this week. Nobody knew what was in it, except for insiders (one of whom apparently leaked details to Geist.)

      This shows pretty much that Geist's source is credible - if the bill wasn't as bad as he said, then Minister would have tabled it, and made Geist look foolish.
    • Re:the usual (Score:5, Insightful)

      by Kristoph (242780) on Monday December 10 2007, @10:32PM (#21651243)
      I would wager that in this case, even the legislator did not read the bill (which was probably written for him), until it became clear this could become a major issue for the government.

      Then once he read it he realized it was as bad as everyone made it out to be he withdrew it before anyone else could read it to spare himself and the government the controversy.

      ]{
    • Re: (Score:3, Informative)

      I actually wrote a letter to the industry minister Jim Prentice protesting this new copyright issue.

      I'm not sure if he even read my fax or what but I do feel a lot better knowing that I actually said something and did something instead of just cheerleading on message boards.

      -Proud to be Canadian!

  • Monopolies... (Score:5, Insightful)

    by eldurbarn (111734) on Monday December 10 2007, @09:26PM (#21650801)
    We live in a time when "the common man" is well aware that business monopolies have a solid, historical track record of abusing "the little guy".

    Copyright is simply a government enforced monopoly: allowing the copyright holder to have a monopoly on that particular piece of IP.

    Like many of you, I am also a producer of intellectual property. Unlike big business, however, I don't see the need for me to have a monopoly. I am more encouraged to produce when I cannot simply rest on my butt and earn money for work that I did years ago.

    As a consumer of intellectual property (gads, how I hate that term!), I simply cannot see how it benefits me to let my government grant big companies a monopoly on what is rapidly becoming our common, shared culture.

    • Re:Monopolies... (Score:5, Insightful)

      by QuantumG (50515) <qg@biodome.org> on Monday December 10 2007, @09:48PM (#21650959) Homepage Journal
      The founders of the Massachusetts Bay Colony also understood the danger of monopolies and decreed that of these none would be granted by government and those which arose naturally would be challenged and restricted by government. Unfortunately, they let their ideology slip and permitted 7 year long patents to be granted to encourage knowledgeable workers to immigrate to the colony. Many took up the offer and after using their 7 year long monopoly to establish themselves in the community, they fought to have their patents extended to 14 years.. then they started filing the same patent twice but with slight improvements.. the came copyright.. then came patent on all sorts of things, so many of which were hard to validate.. then the patent office dropped the requirements for working prototypes.. then the copyright office dropped the requirement for copyright registration.. then copyright terms got extended.. then they got extended again.. etc, etc.

      "Slippery slope" is such a nice way to describe it.

    • I do not see anything wrong with copyright; if I spend a lot of time and money into creating something that can so easily be copied, there should be some protection against that. I also have no problem with RIAA and MPAA going after those who blatantly share music and movies; just because the industry make enough money to be profitable through their preferred distribution channels does not mean I should just get it for free. Eventually most people will be connected to the internet so fast and sharing will b
      • What I have a problem with is perpetual copyright. It seems as though copyright is going to be extended forever if the corportions have their way. It started out at 17? years, and now it's something like 70 years. I know that art is important, but people don't need to profit from their work for that long, otherwise, they will stop producing new stuff once they have enough old stuff to support themselves from. If copyright ran out in 5 years, artists would have much more incentive to produce new works, i
        • Re: (Score:3, Interesting)

          I do not see why anyone should not be allowed to make a good investment and then live off it for the rest of their lives. Are we really going to force people to produce more?

          It would be like doing 10 years of good investing on the stock market, retiring on $10M dollars only to be told 5 years down the track to hand all your capital gains over because you are not allowed to enjoy the fruits of your work; you must keep working.

          And why would I pay for something new the artists created when I can have so much s
        • I am sorry, but your post keeps contradicting itself.

          Why would more information be produced if it is free to share? Any information anyone produces is free to share if the producer wants it to be. Yes, you have copyright, but you can license your information any way YOU want. Got something to share, make it public domain or give it a creative commons license. Knowing that their information is going to be copied freely might be inspiring, but it is hardly going to make anyone able to spend days, months, year
        • Your vision of the perfect world is my hell. Sometimes I want to pay to see real art, not watch some crap full of advertising. The mentality that everything should be free has only served the purposes of big corporations who can afford to plaster anything and everything with advertisements, and in the process take over creative control. Artists should not literally starve, and corporations should stay out of art, so I completely back copyright if it protects the quality of art.

          When you look at the low avera
        • That is a different issue entirely. Unless you think the writers are the only creators of TV content, that is.
    • Apples and Oranges. The difference is, nobody actually cares about the IP you produce, it's not capable of making you much money, and you aren't dedicating a significant amount of time & resources to creating this IP.

      And copyright isn't a monopoly, in the way most people think of monopoly. If I don't like RIAA music, there's plenty of indie bands I can listen to.

      • Re: (Score:3, Insightful)

        Goodness! Is that me you're talking to?

        I make my living, completely and entirely, as a result of the IP I produce. I write books, scripts & music, I design performances, etc. I write software and web applications. I'm also a performer. This is my bread and butter.

        As for monopoly, I stand by what I said. If you have one company who holds copyright to a significant fraction of our current culture, and markets that material as culture to perpetuate it for their own financial gains, and the copyright
  • Capricious, unrestricted, unchallenged, and blanket permission to just take away computers because the RIAA or others want to start punishing or using as examples people who still buy SOMETHING from among the overpriced products.

    Go Canada! Stand up and who your pride AND defiance.
  • by Citizen of Earth (569446) on Monday December 10 2007, @09:39PM (#21650885)
    Wow, this is almost as good news to Canada as Global Warming is!
      • A shift in either direction would not be pleasant!

        Last winter and last summer in Ottawa were pretty mild. The cold weather lately demonstrates that we haven't been polluting enough. To the beer-fridge store!

  • It's now on the Canadian Press newswire. http://canadianpress.google.com/article/ALeqM5jvt3LW3hjo1fIaaiwZACBiZ0R3wA [google.com] So, it'll likely be picked up by mainstream press in other countries, perhaps, now. All helping to publicize the fact that in Canada, we FIGHT for our rights! It is the True North, strong and free, after all ;)
  • by earthforce_1 (454968) <earthforce_1&yahoo,com> on Monday December 10 2007, @10:00PM (#21651041) Journal
    Thanks to the razor thin minority government that exists here right now, they cannot be arrogant and a few thousand determined people actually can make a difference. This is the way government should be - it should be scared of the people, not vice-versa. This plus an alert press ensures they do not dare try to slide a fast one under the table for well heeled friends. One massively unpopular bill could tip the scales against them and they damned well know it.

    I don't live anywhere near Calgary, but I was one of the ones who (politely but firmly) e-mailed him with my objections to a Canadian DMCA and how C-60 loomed large in my mind last election.

    If the current government can ignore the Kyoto accords, they sure as heck can choose to ignore WIPO as well.

    • by Jester998 (156179) on Monday December 10 2007, @10:49PM (#21651347) Homepage
      I also sent an email (and sent a carbon copy via post ... hardcopy gets much more attention from politicians!). I don't live anywhere near Calgary either (Ottawa, in fact), but I definitely felt strongly enough about the issue to write to him.

      Below is the text of what I sent:

      --

      Dear Hon. Jim Prentice:

      I regret that I am unable to attend your open-house session tomorrow, 08 Dec 2007, in person; however, I would like to take this opportunity to express my concern over a proposed piece of legislation regarding Canadian copyright, namely the so-called "Canadian DMCA".

      I work as an IT professional, however my background is in pure Computer Science. I often spend time performing security research. A Canadian version of the US DMCA legislation greatly concerns me -- one needs to look no further than the 'US v. Elcomsoft & Sklyarov' case to see why.

      References: http://w2.eff.org/IP/DMCA/US_v_Elcomsoft/us_v_sklyarov_faq.html [eff.org]
      http://en.wikipedia.org/wiki/Dmitry_Sklyarov [wikipedia.org]

      In this instance, legitimate security research was suppressed, and the researcher arrested at the will of a large corporation. Rather than acknowledge & fix the weaknesses in their product's security, Adobe chose to use the DMCA as a sledgehammer to suppress disclosure of information they did not like.

      This has obvious chilling effects -- as an analogue, if a researcher were to find a weakness in the encryption used for e.g. online banking, is it reasonable to arrest the researcher rather than fix the weakness? To my mind, it is infinitely preferable to acknowledge, fix, and continuously improve security through legitimate research. Those with criminal intent will search for these weaknesses in any event -- it is much better to discover and fix the issues in a transparent manner. As the saying goes, "When guns are outlawed, only outlaws will have guns." hold very true here.

      Other kinds of DMCA abuse is well-documented and widespread. A few simple Google searches (e.g. "DMCA abuse") very quickly turn up many sources of information. This legislation has been used to suppress reviews or opinions which are negative towards large companies -- technically, these should be handled as a civil lawsuit for slander or libel (if they are, in fact, untrue); however, many large corporations choose to invoke a DMCA takedown notice instead, as it forces the content hoster to take down the material immediately, rather than waiting for a judgement from a court of law. It is important to note that it is *corporations* that send these takedown notices, not the courts. Under this model, 'justice' is a distant wish.

      There was some research done in 2005 by the University of South Carolina which showed that 30% of DMCA takedown notices sent by corporations were improper, and even potentially illegal (unfortunately, the document seems to have been taken offline, or moved, but the previous URL was http://lawweb.usc.edu/news/releases/2005/legalFlaws.html [usc.edu]). This is a stunningly high figure -- laws are traditionally written to ensure that there is an onus of proof before charges are filed, and that due legal process is followed. The rules of jurisprudence are critical to ensure the equitable operation of any society, but overly broad, overly powerful laws like the US DMCA allow companies with deep legal pockets to run rampant, and allows them to run a private campaign of fear and intimidation.

      I wish to point out that I am not pro-piracy, but rather am opposed to legislation (and legislators) funded or supported by corporations. This is the very antithesis of a democracy, and is the current state in the US. Canada is already dangerously close to that abyss, and I do not wish to
  • You mean the Americans didn't have to one-up [slashdot.org] us after all?

    Boy, I bet they feel dumb...
  • by apankrat (314147) on Monday December 10 2007, @10:24PM (#21651199) Homepage
    As per Michael Geist's own comment [michaelgeist.ca] -

    I can't say with certainty why the bill has been delayed, nor whether it will be for a day or two, or for longer. I think that this presents an excellent opportunity for Prentice to engage in broader consultation and hold off introducing the bill until 2008.

  • Wow!

    I actually took the time to write a letter. Dead trees and the whole thing. To my dying day I'll claim to that it was both well written and convincing. All I said is that it seemed like a _very_ bad idea to be deciding on copyright law in the midst of one of the most dramatic changes in the real-world IP practice that I can recall. If all the IP holders are dropping DRM, maybe it's not the greatest idea to be enacting laws about legitimizing DRM... Right? I sent it on Thursday.

    Here's to having absolutel
  • This bill was delayed, in part due to the outcry of thousands of ordinary Canadians. Geist set up a Facebook group last week that has grown to over 14,000 members. Check out the video [youtube.com] from Question Period in Parliament today. My favourite quote from a member of the opposition NDP: "They tabled the bill this morning now three hours later he's telling me he's got cold feet? What, did he just discover Facebook this morning?"
  • "Introduce this bill again, pronto, or we'll flatten Toronto!" (Canadian Bacon [wikipedia.org]).

  • by telso (924323) on Monday December 10 2007, @11:43PM (#21651653)
    As you can see on the Order Paper [parl.gc.ca] for Tuesday, the Minister of Industry can still introduce such a bill (with some last minute changes that water down only the most objectionable content, or no changes at all), just like he could yesterday [parl.gc.ca]. It'll stay on the "waiting to be introduced list" until it's introduced, or removed. With 4 more days until the holiday break, it should be interesting to watch; I know where I'll be tomorrow morning at 10 a.m.... [parl.gc.ca]

    Oh, of course, as already mentioned, the title and summary of this story are wrong, since a bill that's never been introduced cannot be withdrawn. As usual with editors, YMMV.
  • They'll Try Again (Score:3, Interesting)

    by Greyfox (87712) on Tuesday December 11 2007, @04:33AM (#21653149) Homepage Journal
    They always try again. If people notice the first time they try to sneak it through again and again until they succeed. They've got nothing but time and billions of dollars.

    I think the correct response is every time they try something like this, push to have IP laws relaxed and clarified. Push to add transparency to the government so that the crooked deals to the corrupt politicians will be in the open for all to see. Push to make it impossible for a entity that only exists as a legal fiction to buy the law with billions of dollars. Every time they push, push back harder.