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Canada Introduces DMCA-Style Copyright Law
Posted by
timothy
on Mon Jun 20, 2005 05:38 PM
from the let's-see-less-flattery-please dept.
from the let's-see-less-flattery-please dept.
P Starrson writes "The Canadian government this afternoon kept one promise many could live
without. It introduced new copyright legislation that will bring
DMCA-style legislation to Canada (backgrounder
and FAQ
here but bill still not online). Professor Michael Geist has
apparently seen a copy and points out on his blog
that while the bill does not go as far as the United States, the
proposal is full of new rights for the music industry with precious
little for users."
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is the toothpaste out of the tube yet? (Score:5, Insightful)
It seems like there's a new story on this a couple of times a week. I remember the very first time I heard anything at all (some Senator was pushing some nefarious bill that alledgedly was going to give some "rights" to the music manufactures to help them "control" music as it became more and more digital...). I laughed out loud to myself (is that possible?). Anyway, fast forward to today, and I'm amazed at the progress the music industry has made.
I watched in amazement as unexpected shills stepped forward to support the music industry in their quest to strip consumers' rights, most notably (or at least the one I can remember) Motley Crue. Further thought brought the logical conculusion these shills were entrenched in the music machine and stood to defend their obscene incomes... The bands that are popular are mostly (not all) there by serendipity. There are tons of excellent musicians out there waiting for their turn. So, Crue, et. al., dig in!
And now? Canada? Blame United States!
Regardless, I wish I wish a cohesive movement could arise and say, "no more", though I don't have a clue how to start that. Any good organizers in slashdot land? I don't know how a movement would manifest, but it seems groups have been able to pressure networks to not show shows, why can't the consuming music public apply similar pressure? I for one would be willing to commit to ZERO purchases of any media (dvd, sacd, cd, etc.) for one calendar year. Others? Other ideas?
Re:is the toothpaste out of the tube yet? (Score:4, Insightful)
Personally, I won't purchase anything from Metallica ever since the whole napster event (well, their stuff since then has sucked but that's besides the point). And no, I won't download it either.
Parent
Re:is the toothpaste out of the tube yet? (Score:4, Informative)
I for one do not buy RIAA music. Though I did buy two other CDs this year, and go to a concert.
I hope more people start doing the same.
Parent
Boycott? What boycott? (Score:5, Funny)
Q: "How come you're not selling as many CDs?"
A: "Because of piracy."
Q: "Are you sure it isn't because your music sucks?"
A: "Nope. Our research and focus groups have carefully developed a special style and formula that will generate hits as easy as using a cookie cutter. Each one is a guaranteed chart buster. The only reason they aren't is because of piracy."
Q: "What about the people boycotting sales of your CDs? Is that affecting your sales?"
A: "Boycott? Why would anyone boycott us? No, it's only a justification to pirate more music."
Q: "How come you haven't been able to establish a strong market in China?"
A: "Piracy. Duh!"
Q: "What about Antarctica?"
A: "Yup, piracy there too. Damn polar bears."
Q: "I hear that there's a new artist out that's selling really well. Is it because they're finally making fresh music that people enjoy?"
A: "Nope, it's because we've stepped up our efforts to fight piracy."
Q: "So I guess your shit don't stink, huh?"
A: "Pirates keep stealing it, so it doesn't linger long enough for the odor to fester."
Q: "Is there anything good that has come out of piracy?"
A: "Heck yeah! We're reaching incredible profit milestones thanks to our lawsuit business model. I strongly recommend it for any business, but don't follow SCO's example though."
Q: "Is there anything pirates are NOT to blame for?"
A: "Bush getting elected."
Parent
It's the users, stupid! (Score:5, Insightful)
When will "the users" realize that they elect the politicians?
Money can buy influence, but in the end it is each "user" in that voting booth that should be throwing out those elected officials that don't respect them!
Re:It's the users, stupid! (Score:4, Insightful)
I'm really really not trying to to start a flame war, an anti-Bush/Kerry flame war, or anything else about the past presidential election.
My point is politicians cater to those voting for them. And if the people voting for them don't care about the restrictions and the companies donating to their campaigns are encouraging these laws, then a politicians is going to pass these laws.
Parent
Re:It's the users, stupid! (Score:4, Insightful)
That's good, because it would be REALLY off-topic in a thread about Canadian copyright law.
Parent
Re:It's the users, stupid! (Score:5, Insightful)
I don't think any of my elected officials even have copyright/IP issues on their platform. Even if I do vote against them because of their stand on that issue, they don't know it was because of that issue. They probably assume it was their stance on Iraq, or some other headline issue.
There are so few candidates that it's impossible to find one that I agree with on all issues. As for the states that elected the congressmen who introduce DMCA-like bills, I doubt it was because they wanted new copyright law.
Parent
Inaccurate Headline (Score:5, Informative)
Please don't make such misleading headlines.
Re:Inaccurate Headline (Score:5, Informative)
List of Canadian MPs [parl.gc.ca]
Parent
Re:So, the obvious next question (Score:5, Informative)
First, don't panic.
Once a bill is introduced, the following must happen. You should know this if you're a Canadian.
1. It is read for the first time in the House of Commons (which has apparently been done.)
2. The bill goes to the Senate, which will set up a committee to go over the bill and modify / approve it.
3. The modified bill will go to the HoC again for a second reading. If passed again, it returns to the Senate for further editing.
4. After the Senate looks over it again, it goes back to the HoC for a third reading and announcement. Once the law has been announced, then it goes into the Copyright Act.
Note that many laws have been passed but never announced, making them unenforceable.
To prevent this bill from being passed, do this:
1. Call and write and email your MP. It's free to do so in Canada. Go to their office and tell them that you want to talk about the bill. (Know the number before you go down.) Don't expect to meet with them. You just want the staff to know that someone was there about Bill C-X and who doesn't support it. Remember that they have their faxes full with US fundie groups complaining about gay marriage.
2. Tell them that you vote and your friends vote. This shouldn't be a lie. (I think that if someone says they don't vote, it's okay to hit them since it's self-defence.)
3. Tell them that if this passes, it's enough to get you to vote for a party that doesn't support it.
4. Remind them that free distribution of Canadian content keeps Canadian culture alive. (Hint: Tragically Hip >> Nickelback.)
5. Talk about the levy placed on blank media that compensates the recording industry.
Two other things of vital note:
1. In Canada, the loser pays the court costs. It's not like in the US where you can bankrupt someone by suing them. If you get in trouble, lawyer up. If your ISP calls, get them to forward all communication to your lawyer.
2. The ISP can charge for providing the information to the industry. I use Shaw, and I can't possibly see them passing up free money. I mean, come on, it's Shaw.
3. Set up a neighbourhood network. Get a good router and let your neighbours in on it. Keep the network open. Keep no records of who has what IP address. Then they have no idea who's doing the infriging since you don't know either!
Parent
In other news... (Score:5, Funny)
Acceptance of facts (Score:5, Insightful)
Until the anti-DMCA crowd accepts and acknowledges that, even though they produce crappy music, people are actively stealing significant quantities of music/movies, they will NEVER gain traction against the well organized lobbying groups.
The DMCA contains WAY TOO MANY horrible provisions, but the fact that it's defended so harshly by the RIAA/MPAA is indicative of the fact that they are quite desperate. Yes, the recent music sucks, but no, that's still no excuse to steal it. Until the anti-DMCA side is willing to accept a law that reinforces the standard copyright laws in a REASONABLE manner, there's very little chance that the DMCA is going away.
Re:Acceptance of facts (Score:5, Insightful)
It seems that if the anti-DMCA crowd (disclaimer: I'm one of them) were to admit that, then the recording industry would simply say, "See? Those criminals even admit that they're stealing our work! We can't stop at just the DMCA. We have to add DRM, harsher civil and criminal penalties for stealing, and everything else we can possibly do. If we don't, we'll go bankrupt because the pirates are cutting into our revenue stream."
Obviously, locking us in isn't working. I propose an alternative business method: quality service. It works something like this:
- Stop suing your customers. I postulate that the vast majority of people being sued for trading have purchased at least a few CDs. Suing them is just going to irritate them and cause them not to make any other purchasers. It also irritates people who are totally legit, like me.
- Stop forcing DRM on customers. It adds to the cost of the product, is easily bypassed by whomever wants to, and makes paying customers feel like they're criminals that can't be trusted.
- Sell cheaper, and make up the difference on volume. More people would buy an album for $7.99 than they would at $21.99.
Those are the facts. It's a shame the RIAA (and the Canuck equivilent) won't accept them.Parent
Re:Acceptance of facts (Score:5, Insightful)
Not to Godwin this, or to put too fine a point on it, but this is like the Nazis saying they'll be reasonable if only their targets will wear little stars.
YOU CANNOT BE REASONABLE WITH UNREASONABLE PEOPLE
The RIAA and MPAA are exactly that: intractably unreasonable. We have DECADES of evidence right from their leaders' mouths documenting this clearly. These are people who believe the advent of the 8-track and then casette recorders were very very bad and dangerous ideas that played into mankind's original sin and gave him tools that he might be a thief. The VCR was a tool of bad nasty people who would steal money from the mouth of Steven Spielberg.
You cannot begin to overestimate or overstate their lunatic idiocy. There is NO such thing as fair use for these people, they have NO concept of technology as it applies to demographics of adoption and usage and methods of applying technology to making proft, despite Apple's runaway success at putting iTunes to the public, and they have NO interest in listening to reason.
Compromise? When they agree publicly that copyright was not ever intended and should not ever be used as a tool of permanent monopoly over ideas and expression of same by any organization, when they publicly apologize for suing CHILDREN for piracy, when they admit publicly that THERE IS such a thing as FAIR USE. I put this at the same chance of happening as flying pig racing becoming the newest prime time sport show.
Personally, I say anyone who shills for them should have their entire catalog of publicly availible IP pirated and spread around to as many places as possible in a show of defiance. They need to learn that they WILL lose this war with the public and that we WILL defy them until they wave the white flag, smell the coffee, grow up, and get with the present day.
Notice I didn't say that their IP needed to be exprienced, just copied. I wouldn't listen to Motley Crue or Metallica if you paid me and I've never had the slightest interest in downloading one of their songs. But I would do it just to send a message.
Until then, they give no quarter, we give them none. They aren't desperate. They're greedy and stupid. If I was a pop musician relying on these people to keep me in the money, I'd get my head checked, fire these fools, and adopt a strategy that was in sync with the year 2005 and not 1955.
Parent
Re:Acceptance of facts - but is it stealing? (Score:4, Insightful)
Exactly. The reason theft is wrong isn't that you get something for nothing; it's that you deprive the owner of the use of what you stole. If I take your car, you can't drive; if I take your CD, you can't listen to it. But if I make a copy of a song on your CD, we can both listen to it; I gain something, but you lose nothing. It makes no sense to speak of stealing something that isn't scarce.
Furthermore, even in cases where downloading a song causes someone not to buy it, it still isn't stealing. No one owns their expected revenue, and no one has the right to demand money from everyone who enjoys something they worked on. Negative reviews are responsible for more loss of expected revenue than any illegal copying - should we lock up Roger Ebert for preventing movie studios from getting the profit that's rightfully theirs?
Parent
The USA (Score:4, Interesting)
Interesting bit (Score:4, Informative)
FTA (emphasis mine) This does not alter the right to make a personal copy (including a P2P download) but does set some tough limits on what users are entitled to do with those copies.
That will be next on the entertainment cartel's radar.
Thanks a lot, neighbours... (Score:5, Funny)
I place the blame squarely on you, America. This was a great place to live, to go to school, to pirate music and raise kids until you moved in across the border.
Sincerely,
Canada.
What should be reqired... (Score:4, Insightful)
And please try to restrain yourself from the obvious follow-up that they'll never have to do this because eternal copyright is just around the corner.
No more levy? (Score:4, Insightful)
DMCA isn't a problem, lack of 'loser pays all' is (Score:4, Insightful)
Applied with a good sense of creative nonsense it can protect anybody from anything.
Apply the DMCA to ways to access your personal data and sue anybody who sends you comercial mail into next wednesday.
The DMCA only becomes so oppresive in the US because they don't have the 'loser pays all' paradigm. Which is the only way any civil legal system makes sense. Not having 'loser pays all' is the next best thing to corporate fascism (sic).
Here in germany I have a friend that has trouble with big players in his field bringing up heavy legal caliber against him (he's into booksales on the web and it's about the german pricefixing law for books, even Pearson is involved). He goes to state court this month and if the corporate assholes lose he can carry on doing his business. In the US he'd be broke allready.
Bottom line: Add 'loser pays all legal expenses of trial' to the system and have every hotdog stand apply the DMCA to each and everyt aspect of their small business - and the insanity of this law becomes aparent to anybody with basic brain functions. And it will eventually disapear.
They lie right in the FAQ (Score:5, Interesting)
Circumvention for the purposes of making private copies of sound recordings will not be permitted, however.
See the Copyright act section 80
http://laws.justice.gc.ca/en/C-42/39673.html#rid-
At the very least they shouldn't lie in the FAQ describing a new law.
Time to contact your MP, remember it is free to snail mail them.
My humble suggestion (Score:5, Funny)
Parent
Re:My plan... (Score:5, Insightful)
His analysis says pretty clearly that downloading through p2p is still considered legal. It always will be as long as there's still a levy on every blank media purchase.
According to TFA, the real concern is that this *bill* (still hasn't been passed into law) would make it illegal to circumvent anti-piracy mechanisms on CDs and such. In other words, if there's garbling to prevent playing a CD on a computer (and likely old CD players too), it'd be illegal to hook up your CD player's line out to your computer's line in and record the songs directly. Likewise, it'd become illegal to circumvent some proprietary copy protection that collects your name and vitals when you rip a recording for personal use.
The only conclusion I can make is that they really don't want people buying their crap, which is an objective I'm more than happy to help with. If it happens, then I guess my solution would be to switch back to cassettes... for all of one album every couple of years.
Parent