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US Says Canadian Copyright As Bad As China's, Russia's

Posted by timothy on Thu Apr 30, 2009 09:42 PM
from the but-very-courteous-just-the-same dept.
An anonymous reader writes "The US is blaming Canada in a new report that claims that Canadian copyright and intellectual property laws are as bad as those found in China and Russia. Michael Geist notes that Canadian officials have dismissed these findings in the past, arguing it 'does not recognize the Special 301 process due to its lacking of reliable and objective analysis.'" (Read more about the annual Special 301 report.)
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[+] Technology: Backlash Builds Against US Copyright Blacklist 292 comments
An anonymous reader writes "The release last week of the US copyright blacklist is beginning to generate a backlash in countries around the world. Reports from Canada, Europe, and Asia all note that the US claims are very suspect and that the report is little more than an attempt to bully dozens of countries into following the US DMCA model."
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  • by Zanth_ (157695) on Thursday April 30 2009, @09:45PM (#27782597)

    A breath of fresh air in the murky air of pollution spewed by the RIAA/MPAA et. al.

      • Re: (Score:3, Informative)

        Did you miss the subject line of the post? He's referring to Micheal Geist as the breath of fresh air, and this moronic report as the pollution.

        • wow are you are big idiot or just a fan boy of the RIAA. You know if it were for Canadian copyright laws sites like youtube would not exist. So let the US spew there BS but don't say its good. We don't have CR laws the same as the US and its a good thing.

          How can you say that with a straight face when the DMCA is purely an American law?

          I can say it with a straight face because I believe that Canada has way better laws on copyright then the ancient historical laws of the US. But keep your Copy rights away from me.

              • I'm not sure I follow. His statement seems to be implying that the RIAA/MPAA is spewing pollution, creating murky air; which is generally considered to be an unpleasant thing to have. Saying that Dr. Geist is "a breath of fresh air" seems to strongly implying support for Dr. Geist's position and views. i.e. fresh air is generally considered more desirable than murky, polluted air.

  • by CountOfJesusChristo (1523057) on Thursday April 30 2009, @09:46PM (#27782603)
    Given America's stance on copyright these days, this sounds more like a ringing endorsment of Canadian copyright law than a condemnation.
    • by BabyDuckHat (1503839) on Thursday April 30 2009, @09:59PM (#27782737)
      Copyright law in the United States is a perverted abomination, mutated over decades by powerful corporations to benefit only themselves to the detriment of the people on whos backs they've built their gargantuan regimes.

      It's also the sux0rz.
    • by phantomfive (622387) on Thursday April 30 2009, @11:07PM (#27783157) Homepage Journal
      While I agree with you on America's messed up copyright laws, the problem apparently is that a lot of commercially bootlegged products make it into the US through Canada. The Canadian government essentially permits this, for example, if you drive across the border with a truck full of DVDs, the Canadian customs agents can't stop you without getting a warrant. If I were the Canadian government, I would consider allowing this until the US agrees to a more reasonable copyright, say 20 years.

      What really got my interest from the article was this quote:

      It was clear that Washington's patience with Ottawa's repeatedly broken promises has run out, perhaps also a reflection of the greater status and power of the digital and entertainment sectors in the era of the net-savvy Obama administration.

      Net-savvy Obama administration. I don't know if those are exactly the words I would use.....

      • by MikeUW (999162) on Thursday April 30 2009, @11:29PM (#27783261)

        Why is this the problem of Canadian customs agents? Isn't it the responsibility of the US customs agents get off their arses to check incoming shipments?

        • by InsertWittyNameHere (1438813) on Thursday April 30 2009, @11:56PM (#27783407)

          That's the problem with the slow-to-adopt-new-technology Americans. In Canada we use digital methods of content distribution. While they continue to look for these fabled and elusive shipments of DVDs and CDs.

          Devious, I know.

        • by TubeSteak (669689) on Friday May 01 2009, @12:06AM (#27783465) Journal

          Why is this the problem of Canadian customs agents? Isn't it the responsibility of the US customs agents get off their arses to check incoming shipments?

          Because the USA imports on such a massive scale, they have no hope of nspecting even a fraction of what comes in, so they do their best to fob off responsibility on other countries.

          Kinda like how Federal agencies barely test imports or they would have caught tainted [everything] from China.
          The money and willpower just isn't there.

        • by dimeglio (456244) on Friday May 01 2009, @05:14AM (#27784831)

          Exactly. Canada is a free country. Any individual can leave Canada freely. It's up to the receiving country to check who is coming in.

          To state that the border are unsafe is ridiculous. Point to the matter is this article [azcentral.com] proving that despite the change in administration, there is still a problem on top when it comes to getting the facts straight. I am disappointed but not surprised.

      • by Anonymous Coward on Thursday April 30 2009, @11:31PM (#27783269)

        the problem apparently is that a lot of commercially bootlegged products make it into the US through Canada. The Canadian government essentially permits this, for example, if you drive across the border with a truck full of DVDs, the Canadian customs agents can't stop you without getting a warrant.

        Canadian customs agents are not the police.

        Like most civilized countries, Canada doesn't stop & search every vehicle & person leaving the country. Canadian customs agents stop & search incoming traffic.

        Keeping bad stuff & bad people out of the USA is the job of the US Customs & Border Patrol.

      • by i_ate_god (899684) on Friday May 01 2009, @08:21AM (#27785971)

        While I agree with you on America's messed up copyright laws, the problem apparently is that a lot of commercially bootlegged products make it into the US through Canada. The Canadian government essentially permits this, for example, if you drive across the border with a truck full of DVDs, the Canadian customs agents can't stop you without getting a warrant. If I were the Canadian government, I would consider allowing this until the US agrees to a more reasonable copyright, say 20 years.

        20 years? How about, until the author dies. I'm getting pretty sick and tired of people like you telling me what I can and can not do with my music. Yeah, I want to give it away for free, does not mean that 20 years from now, you can use my music as the backing song to a commercial espousing views I don't believe in. It does not mean in 20 years you can take my work, remix it to something you like more, and claim it as your own. I'm sick and fucking tired of extremists who are either trying to screw over the audience, or screw over the creator.

        I don't believe in DRM, I don't believe in gouging fans. Like I said, I'd rather give away my music for free and release limited edition albums for collectors. But I don't want to see my music taken away from me so long as I'm alive. And even after death, what then? Stop pushing for limited copyright lengths, you sound just as selfish as the record labels you're trying to fight against and it doesn't really inspire the artists to hear that you expect them to give up their hard work in the near future.

    • by nametaken (610866) on Friday May 01 2009, @12:35AM (#27783583)

      Agreed. I'm really quite embarrassed that my country would actually criticize another regarding their copyright law and enforcement.

  • Comparisons??? (Score:5, Informative)

    by Quasar1999 (520073) on Thursday April 30 2009, @09:47PM (#27782617) Journal
    Honestly, if you want to compare American and Canadian laws, copyright laws are the bottom of the list in terms of impact and relevency. There are WAY more important laws that clearly shows Canada's are generally more enlightened and less restrictive compared to their American counterparts.
    • Re: (Score:3, Funny)

      There are WAY more important laws that clearly shows Canada's are generally more enlightened and less restrictive compared to their American counterparts.

      Including copyright law. You see, Michael Geist is stuck in the 80's, where "bad" means "good". Understand now?

    • Re:Comparisons??? (Score:5, Insightful)

      by russotto (537200) on Thursday April 30 2009, @10:01PM (#27782761) Journal

      Honestly, if you want to compare American and Canadian laws, copyright laws are the bottom of the list in terms of impact and relevency. There are WAY more important laws that clearly shows Canada's are generally more enlightened and less restrictive compared to their American counterparts.

      Right. Like the Canadian content laws or the hate propaganda laws.

      (oops)

      • Re:Comparisons??? (Score:4, Informative)

        by Anonymous Coward on Thursday April 30 2009, @10:48PM (#27783073)

        For those who don't know what the content laws are, a certain and sizable percentage of the music and shows broadcast on Canadian radio and television has to be Canadian in origin. The TV part is not all that bad (especially since so many US/worldwide shows are shot there anyway) but Canadian music is... Well, usually pretty awful.

        • Re:Comparisons??? (Score:4, Insightful)

          by Nyeerrmm (940927) on Friday May 01 2009, @01:17AM (#27783791)

          As a red-blooded American who lives in Texas and enjoys making fun of Canada as much as the next guy, I must admit:

          I like Canadian music.

          Looking at my phone... 4 out of the 22 bands on there (I really need to get my full-sized iPod back) are Canadian. For those who are curious: Arcade Fire, Sloan, Stars, and the New Pornographers. Between the Canadian station on XM and a sister who goes to school in Syracuse, I've rather enjoyed my exposure to it. Maybe I just like awful music though...

            • Media owning (Score:5, Insightful)

              by KwKSilver (857599) on Friday May 01 2009, @07:05AM (#27785287)

              American media is not usually government owned though.

              Actually, American government is media-owned: executive, legislature, and judiciary. Full Stop. End message.

      • Re:Comparisons??? (Score:5, Interesting)

        by inhuman_4 (1294516) on Thursday April 30 2009, @11:39PM (#27783321)

        Indeed, just look at the recent case where MacLean' Magazine (Canada's version of Time) got taken to the human rights commission for hate speech.

        Watching that unfold really opened my eyes to just how draconian some of our hate speech laws are. The human rights commission has their own rules, and run a kangaroo court worthy of Stalin.

        MacLean's only got out of it because they have such a large readership. A huge part of the Canadian population was watching the proceedings and the human rights commission had to let MacLean's go. Otherwise the public would have demanded their closure. But from what I have read a few smaller companies and individuals have been taken to the cleaners by these guys.

        I am generally pretty happy with the laws here in Canada, but there are a few things that make you wonder what kind of clowns are running this country.

        On a happier note, the Canadian RIAA pushed for those stupid levees on our CDs to compensate for piracy. They made a good buck on that scam too. But now the tables have finally turned. We already have a system for compensating them for piracy. They can lobby all they want but the legal precedent is in place. Generally judges are less corrupt then politicians, so we do stand a chance.

    • You cannot see (Score:4, Insightful)

      by Anonymous Coward on Thursday April 30 2009, @10:32PM (#27782963)

      There are WAY more important laws

      On the contrary, I would submit that copyright laws are among the most significant in shaping the world as we know it. Copyright laws are not about entertainment, but rather, about thought control.

      As a species we are standing on a crossroads never before faced by any species on the planet.

      I argue that the single most significant contributor to our supremacy over this planet is our capacity for meme-exchange. We have taken mammalian peer-learning to an unprecedented level. The fact that every member of our species frequently expends great energy in the singular business of meme-aquisition, and that we spend just as much energy in the business of meme-distribution, serves as a testament to its survival-utility and evolutionary effectiveness.

      Are we to embrace this freedom, allow the currents of information to flow unrestrained, and see where our exponentially-increasing rate of technological evolution (which, from a more metaphysical perspective, is not so different from our genetic evolution) takes us?

      Or are we, on the other hand, going to lock ourselves down and block this flow, all in the name of preserving the economic prosperity of a select few?

      Is our future one of wild change and uncertainty, or one of regularity and control?

      Information is the currency with which we purchase our spiritual destiny. Copyright law is a manifestation of how we are spending that currency.

      I may be a religious nut, but you, sir, are completely blind.

    • Re:Comparisons??? (Score:5, Insightful)

      by Unoriginal_Nickname (1248894) on Thursday April 30 2009, @10:34PM (#27782975)

      Canada's laws aren't, I think, generally more enlightened and less restrictive compared to American law. We have some pretty foreboding hate speech laws in Canada and a significant cross-section of the law is still defined in an unwritten common law; but I suppose if your priorities lie in downloading music, marrying other men or smoking pot we must look like quite the utopia.

      The scary part about all of this is the comparison to China and Russia. The copyright laws in those countries are pretty far from lenient, they're just almost entirely unenforced. This whole story is another lie from the people who brought you the rather quaint notion that most film piracy comes from Canadians recording movies with camcorders rather than the reality of film pre-release DVDs getting leaked from the MPAA.

      • Re: (Score:3, Interesting)

        a significant cross-section of the law is still defined in an unwritten common law

        All countries whose legal systems derive from the British system are in this position; the US is no exception. The US system also has the issue that the common law varies from state to state and courts may or may not decide to accept precedents set outside of their jurisdiction as they see fit, which makes the entire thing even harder to deal with.

  • by Weedhopper (168515) on Thursday April 30 2009, @09:51PM (#27782657)

    With all their beady little eyes
    And flapping heads so full of lies

    Watch out, here comes the RIAA. Maybe I should have posted this from Canada.

    • by skine (1524819) on Thursday April 30 2009, @10:18PM (#27782875)

      Dear Mr/Ms Weedhopper,

      It is the duty of the RIAA to protect the intellectual works of Atlantic Records, Trey Parker and Matt Stone. You have violated the copyright of the track "Blame Canada" off of the album "South Park: Bigger, Longer and Uncut," specifically using the following lines:

      "With all their beady little eyes
      And flapping heads so full of lies"

      This usage does NOT fall under fair use, and thus you will be prosecuted to the fullest extent the law allows, including financial compensation for lost revenue do to your illegal use of said content.

      Agent Skine
      RIAA

      • Dear Agent Skine,

        We apologise for allowing one of our users to quote the following lines of copyrighted content:

                With all their beady little eyes
                And flapping heads so full of lies

        Those responsible have been sacked.

        Sincerely,
        The Editor

  • by Anonymous Coward on Thursday April 30 2009, @09:52PM (#27782661)

    Once I went to Canada and found that the inhabitants there were heathens who spoke some sort of Mexican language and insulted my Wife with their leering glances and slouching, bad manners so I shot them to teach them a lesson that AMERICA belongs to GOD and people who fear and believe in GOD, not "canadians" and other taco-eating peoples who came from Mexico or somewhere like that. So it is not surprising at all that these renefgades from our LORD would copy things badly because most of them are illiterate because they can't even read BIBLES since the BIBLE (the greatest and best book ever writted) is in AMERICAN like everybody already should know from CHURCH. So why is Obama not stopping these terroristical Mexicans of the North? Probably because he is some sort of Italian spy, like I always suspectid.

  • Dear USA... (Score:5, Funny)

    by Anonymous Coward on Thursday April 30 2009, @09:59PM (#27782745)

    Dear USA

    We really don't give a flying fuck what you think. Come up here, drink some beer, smoke some pot, chill the hell out and go back home with a little less of that pole stuck up your ass.

    Your friends and Neighbours

    Canada

    P.S. When you guys come for the party can you bring me some white castle, we don't have that shit up here and it looks delicious.

  • Failfacts (Score:5, Insightful)

    by Anonymous Coward on Thursday April 30 2009, @10:03PM (#27782765)

    Wow i didn't know the RIAA and MPAA could lobby the USA to condemn other countries. Have they ever actually bothered to look at themselves instead of being hypocrites telling the rest of the world to do things they themselves are not willing to do.

    Look at the http://geo.keff.org/ pirate bay peer tracker and it's clear America and china are the big peer providers for torrents.

    sorry Canada is a real democracy not a corporate sponsored illusion. We put laws into place that the people want not corporate powers that run other nations to ignorant to new technology and progression. For starters if we here in the great white north had access to hulu i would not need to download many of the shows i miss well at work. Screw the usa and its overkill laws that allow corporations to exploit and extort their own customer base.

  • Tit for tat (Score:5, Insightful)

    by quacking duck (607555) on Thursday April 30 2009, @10:11PM (#27782831)

    I've said it before: The US government and the IP lobbying groups can go frak themselves ten ways to Sunday on this issue.

    In the softwood lumber dispute the US not only flipped the bird at Canada, but refused to accept several judgments against them by the WTO and NAFTA.

    If you don't respect international laws and rulings against you, don't expect others to respect the lopsided laws you're trying to force down the throats of more free-thinking countries.

    (Sadly, they've come to expect no less; in the end, the newly-elected Conservative government rolled over on the softwood issue, gave the ball to the US, and begged for more. Yes, I'm just as disgusted at the pansies who sold us out)

    • Re:Tit for tat (Score:5, Insightful)

      by radtea (464814) on Thursday April 30 2009, @10:36PM (#27782989)

      If you don't respect international laws and rulings against you, don't expect others to respect the lopsided laws you're trying to force down the throats of more free-thinking countries.

      Rogue states like the US need to be reigned in. The US government has consistently violated international norms for decades, particularly with regards to bizarre claims of extra-territoriality, which basically means Americans think that they can legally apply their wacko laws to everyone everywhere.

      Unfortunately, although once a great trading republic, the United States is now a military empire, financed by debt and spiralling into oblivion. Americans will be hurt by their fall more than anyone else, but the rest of the world really needs to start paying attention and thinking about how to deal with a post-American planet.

      One of the things we need to do is bring home to Americans as clearly as possible that we don't care about their parochial laws. Canada is in full compliance with all relevant international treaties on copyright, and any extraneous conditions that the Americans would like to impose on us are irrelevant. We are an independent nation, and don't react well to being told what we ought to do by our bankrupt southern neighbours.

      • Re:Tit for tat (Score:5, Interesting)

        by drinkypoo (153816) <martin.espinoza@gmail.com> on Thursday April 30 2009, @10:45PM (#27783061) Homepage Journal

        Unfortunately, although once a great trading republic, the United States is now a military empire,

        WRONG. THe USA has pretty much always been a military empire. Many of our nation's first military actions were to go bomb some town south of our borders to force them to sell to United Fruit Company, which became Chiquita, which became Bonita — and which is still up to illegal tricks to keep their stranglehold on the banana industry in particular.

        We are an independent nation, and don't react well to being told what we ought to do by our bankrupt southern neighbours.

        You seem to do as you're told the majority of the time.

    • by syousef (465911) on Thursday April 30 2009, @10:54PM (#27783089) Journal

      I've said it before: The US government and the IP lobbying groups can go frak themselves ten ways to Sunday on this issue.

      Please cease and desist from using the word 'frak' as it is under copyright. Hang on I just used it. Oh....frak! Now Australia will be added to the list of "baaaaad" countries.

  • Actually... (Score:5, Funny)

    by DJGrahamJ (589019) on Thursday April 30 2009, @10:11PM (#27782839)

    does not recognize the Special 301 process due to its lacking of reliable and objective analysis

    Actually, it's because we don't give a fuck.

  • Great (Score:5, Insightful)

    by Anonymous Coward on Thursday April 30 2009, @10:13PM (#27782847)

    Copyright is too strong in the USA. Anywhere that they say is "lax", must be better then the USA at it.

    It was supposed to last just long enough so that inventors and artists could make enough money for their next work. Not an ever lasting deal as is what we get with the copyrights being extend again and again.

  • Bah (Score:4, Insightful)

    by Kabuthunk (972557) <<moc.liamtoh> <ta> <knuhtubak>> on Thursday April 30 2009, @10:14PM (#27782853) Homepage

    The sad part is that now that we've been 'called out', so to speak, Canada will inevitably bend to the will of the USA and change it's laws to be just as draconian, if not moreso.

    Well... Canada's basically the 51st state anyway.

    • Re:Bah (Score:4, Informative)

      by Runefox (905204) on Thursday April 30 2009, @10:39PM (#27783019) Homepage

      Yeah, this is what I thought when I first heard about this earlier today. If ever there were a "big reason" to back the draconian ACTA, international "condemnation" is it. This'll probably let them lobby for and push it through without much, if any, opposition.

  • It says Canadian copyright laws are as bad as China and Russia.

    What it didn't say is that - US copyright laws are even worse.

  • by bogaboga (793279) on Thursday April 30 2009, @10:40PM (#27783027)

    The [mighty] USA will always complain about her neighbor to the north (Canada). Heck, there is even a prominent politician who said [samachaar.in] the 9/11 terrorists came from Canada! Imagine that.

    This politician had presidential ambitions I must add.

    Then there are those who criticize [spectator.org] its health care system although Canadians generally love what they have and in fact, live as long as Americans on average.

    It's a strange world.

  • I live in Canada (Score:4, Insightful)

    by Ralph Spoilsport (673134) on Thursday April 30 2009, @10:45PM (#27783057) Journal
    and as far as I'm concerned,
    (amenglish)
    Y'all can ken go fuck yerselves, ya morans.
    (/amenglish)

    Canada is the only place I know of where 100 CDRs costs more than 100 DVD-Rs...

    We pay EVERY FUCKING DAY massive extra money to the American Ideological State Apparatus [wikipedia.org] and Canadian native culture is pressured into virtual non-existence thanks to the Hollywood/TV juggernaut.

    Our only consolation is we have all the water and oil, and the last time you invaded Canada, we kicked your ass.

    Please, please, please, we pray that your empire dies so we can sell our resources to the highest bidder and not to you thanks to NAFTA.

    RS

      • by Ralph Spoilsport (673134) on Friday May 01 2009, @12:50AM (#27783659) Journal
        But I do know that in the war of 1812 the US was fighting the British Empire, not Canadians.

        And Canada was what? Oh that's right: a Colony of Britain. So, by definition, there were no "canadians" to begin with. However, Canadians have always been distinct from the UK and the USA. So, you're wrong both ways.

        A good majority of the troops came from England.

        See above.

        Secondly, both armies invaded each others' territories and were repelled.

        Which invasion? The USA rebels invaded Canada in 1775, and again, got their butts kicked.

        Thirdly, the war ended because BOTH SIDES had no reason left to fight (it was indirectly caused by the Napoleonic wars and directly by the British impressment of US sailors among other things).

        Again, which war? Oh, that's right - the USA invaded Canada MORE THAN ONCE. And you wonder why no one trusts Americans? Invade Canada. Twice. Get asses kicked twice. Practice genocide on abouriginals and constantly lie and betray treaty obligations. Destroy Mexico. trump up a war with Spain to expand the American Empire (the USA has been an imperial force for over 100 years). Iran, guatemala, El Salvador, nicaragua, Cuba, Phillipines, Israel, etc. etc. etc. It's a long and murderous list.

        Canada has PLENTY of problems and PLENTY of its own set of evils, but nothing compared to the USA.

        You are wrong on every count. Next.

        rS

  • Pot is as dangerous as heroin.
    Ex-GIs might be terrorists.
    Canada is as bad as the commies.

    Is it any wonder we tend to not believe anything our government says?

    • by quacking duck (607555) on Thursday April 30 2009, @10:20PM (#27782893)

      It was bad enough when the secretary of Homeland Security said last week the 9/11 terrorists came through Canada. To hear John McCain repeat that lie made me very glad he's not your president. Does he also think Iraq was responsible for the attacks too?

      Unbelievable.

    • Re: (Score:3, Informative)

      Off I go to legaly download some music.

      Morally OK dowload some music, yes. Legally, not so much. So many people will quote the ruling that stated that because of the levy it was legal to download stuff in Canada...then conveniently forget the result of the next appeal. No ruling ever stated that it was legal, and the laws don't mention anything about it being legal because of that (totally stupid) levy.

      I agree we should either remove that damn levy, or assert that its legal to go on a download spree...but a

    • by Firehed (942385) on Thursday April 30 2009, @11:39PM (#27783315) Homepage

      "First Post", "Frosty Piss", and similar derivations thereof are registered copyright of Anonymous Coward. Were it not for your lax copyright laws in Canada, we'd be sending our lawyers. Expect political intrusion followed by a retroactive DMCA takedown notice, and enjoy your Friday.