Canadian Copyright Lobby Fights Anti-Spyware Legislation 104
An anonymous reader writes "New Canadian anti-spam and anti-spyware legislation is scheduled for a key vote on Monday. Michael Geist reports that the copyright lobby has been pushing to remove parts of the bill that would take away exceptions which currently allow spyware to be installed without authorization. 'The copyright lobby is deeply concerned that this change will block attempts to track possible infringement through electronic means.' There have also been proposals to extend the exemptions granted to telecom providers to include the installation of programs without the user's express consent, which Geist says will 'leave the door open to private, surreptitious surveillance.'"
Let me guess... (Score:5, Insightful)
Re:Let me guess... (Score:4, Insightful)
and next term, they'll have it amended with a nifty little clause, so you're not allowed to uninstall it, either, i'd wager. ;-)
scary stuff...
and I thought Canadians were the levelheaded ones of that particular continent?
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Wonder how it'll fair against the privacy act, considering it would fly afoul of the retention of data w/o consent.
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ELUA's are not considered "binding" contracts, they're considered a one way agreement with extra consumer protection in various parts of Canada.
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We don't allow that sort of thing (Score:5, Informative)
Lobbyists are not allowed to give any significant amount of money to politicians in Soviet Canuckistan. Bribes "political contributions" are limited to a few thousand dollars and are stringently regulated.
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Lobbyists are not allowed to give any significant amount of money to politicians in Soviet Canuckistan. Bribes "political contributions" are limited to a few thousand dollars and are stringently regulated.
And no lobbyist has ever broken that rule, or circumvented it? /innocent
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And no lobbyist has ever broken that rule, or circumvented it? /innocent
There is a big difference between subverting/bending a rule, and deliberate open bribery. THE former can be dismissed as an ethical error, the latter is not a good idea, as if discovered, can come back and bite those involved in the arse.
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MPs have to submit to audits (Score:2)
If they have more money that they're allowed to, they're in deep shit.
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Never forget the lure of a job after politics, scholarship for family, friends.
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Lobbyists are not allowed to give any significant amount of money to politicians in Soviet Canuckistan. Bribes "political contributions" are limited to a few thousand dollars and are stringently regulated.
So? You want to know how this works around here (many European countries)? Politicians get exclusive vacations after which they change their agenda by 180 degrees. Or they get very high-paying "consulting" contracts. Or once their term is over, they end up in a high-paying position in a company of their choice.
Anti-corruption laws are made by politicians for politicians. They cannot work.
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We were, mostly levelheaded until the right-wing nuts managed a takeover of the center-right - sound familiar?
Then the centrist and center-left basically fell apart and, shockingly, the only thing preventing the minority government
from gaining a majority, which would really screw anyone who gives a damn about basic freedoms, global warming,
equal rights and transparency in government are the Quebec sovereignists.
Scary times indeed.
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Your comment might me more insightful except for the fact it's the so-called right-wing nuts proposing the anti-spyware legislation and the so-called level-headed left trying to gut it.
Let's dispense with the American-style left vs. right. The Canadian Liberal party has not put forth a platform that's fundamentally any different than the Conservatives. They both occupy the EXACT same spot in the political spectrum with a teeny little bit of left/right wiggle room. The Liberals were actually quite conservati
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You've got it slightly backward. The Conservatives have been soft-peddling a compromise agenda because it's been clear that they weren't about to win a majority government.
Right now, they're sitting pretty sweet so I foresee them starting to push their true agenda more strongly, daring the fractured Opposition to trigger an election.
I'm not so sure about the the right and left comparison between our politicos and those of the US.
It does seem that the biggest difference is the leverage of the moneyed interes
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While I agree with your post, I think it should be noted that there's alot of people who vote for the Bloc without being sovereignists. The sole purpose of this party is to defend Quebec at the federal level, which unfortunately seems like a much, much better deal than the two other "big" party.
What, are you a Bloc'ist?
I hate the term "Sovereigntist" it couches the argument in "we didn't lose the war" perspective.
Bloc'ists are pure seperatists, who do their best to play down Seperation and all that it will mean if Quebec ever leaves.
I for one, say shit or get off the pot. God damned Traitors.
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Most of the people in this country don't distinguish between the Bloc Quebecois, which is, as you say, a party whose sole purpose is to defend Quebec's interest at the federal level, and the Parti Quebecois, to which the separatists belong. While it's true that many separatists belong to the Bloc, it's not in their party constitution or published ideals to pursue sovereignty, though preservation of Quebec's identity as a nation (in a similar way to that which the natives enjoy) is.
Nation, in this case, refe
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Charest took office in 2003, not 2008 [wikipedia.org]. While you're right that he got 46% of the popular vote, rather than the 70%, the voter turnout in that particular election was 70.5%, which is one of the highest voter turnouts in a long time. (and also explains where the 70% I quoted came from).
That was the 37th general assembly of Quebec, not the 39th (the one you linked)
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Interestingly, in the UK, we've found that since the Left (Labour) came in, we've seen the expansion of initiatives that track and scrutinise the populace (eletronic sensors in the bins to see what we throw away, pervasive CCTV, speed cameras, databases of just about everything, Phorm for the online tracking given the green light and so on).
It's not a 'right v left' thing methinks, it's a lobbying and corruption thing. Oh, and also an ignorance thing. If someone presents a package and an argument as to wh
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Sadly, I'm afraid that this bit of legislation is being pushed in conjunction with US/global media interests -- many of our media are somewhat in bed with US corporations, and they all have the same agenda of reserving the right to control anything which might even remotely be used to infringe on their money stream.
Those companies have been driving getting this kind of thing installed into law in other countries for a long ti
Re:Let me guess... (Score:5, Insightful)
I'm ambivalent on whether the parent is troll, but regardless, he has a salient point: when a significant portion of society breaks a law, there's not something wrong with the society, but with the law. Authority to govern comes from the consent of the governed. Ubiquitous lawbreaking without social consequence* is tantamount to retracting that consent. It's a terrible situation: not only is there a very real personal danger of capricious enforcement, but when a lawmaking apparatus is so aloof that it deems most of the people who make up a society unfit to be part of that society, that society is likely very sick in other respects as well.
* That is, practically nobody will shun you for sharing files, or smoking pot, (or in the 1920s) going to a speakeasy, but if you are acquitted of a murder on a technicality, you can expect to lose many of your friends.
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I don't think that's necessarily true. One can break the law and still realise that the existence of the law is better than its nonexistence. It may make you a hypocrite but it does not necessarily mean the world is a better place without the law. Maybe I'm a lazy asshole who litters occasionally, but that doesn't mean I want everyone else to litter and have the streets be covered with garbage. You can appreciate the disincentive a law creates even if you want to run the personal risk of being caught.
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You're talking about individuals. I'm talking about society. As far as individual acts go, as Dan Ariely said, a fine is a price. Some people are willing to pay it. But I'm not talking about individuals weighing the risks and reward, but rather indications that particular laws are unjust.
I'm talking about wide-spread lawbreaking without social consequences for the lawbreakers. If littering were common, and nobody seemed to care much, then there would be a case for repealing the laws against it. But neither
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People don't litter out of respect to society, not out of a fear of legal consequence. Littering would carry the same social stigma regardless. The only use of littering laws is the continued criminilization of everyday behaviour.
Re:Let me guess... (Score:5, Interesting)
It's the continued criminalization of a tiny fraction of the population. Most people don't want to live in a trash heap, so they don't throw trash everywhere. When it comes to things like piracy, it's far more complex. With copyright, one can break the law and realize that its existence is better than its nonexistence. Many justify this (and I'm not arguing for or against here) in large part because the original purpose of copyright was not to stop individuals from copying things for personal use. That narrow interpretation of the law is a relatively recent abuse.
The purpose of modern copyright (for at least two centuries) has been to protect authors, composers, artists, and musicians, not the publishing industry. More to the point, a large part of its purpose was to protect those people from the industry---so that people who create an original work of authorship can shop it around to a publisher and have recourse if the publisher steals the work, publishes it without permission, and keeps the profits. It was primarily concerned with large-scale commercial copying, not individual copying---to such a degree that the impact on the commercial viability of the work is a consideration for a fair use defense. Indeed, when copyright was created, the notion of personal copying was absurd.
Indeed, the thought of prosecuting individuals wasn't really even a consideration (at least in the U.S.) before the 1980s and Sony v Universal [wikipedia.org]. Indeed, we can largely blame this mentality on the dissenting arguments posed by Blackmun et al. Prior to that, small-scale copying was not only mostly ignored, but in the few cases where it came up (e.g. Williams & Wilkins Co. v. United States [wikipedia.org]), they got smacked down by the courts pretty badly. Over the past thirty years or so, however, copyright has taken a rather dramatic right turn towards corporate welfare, with absurd term extensions that essentially eradicate the public domain as we know it, dramatic scaling back of fair use rights, lawsuits against individuals and small-scale copying, and various egregious anticompetitive practices like the absurd "three note rule" [songsalike.com] (The Chiffons v. George Harrison), all of which are intended to further tighten the publishing/recording/movie industry's grasp on the creations of we, the artists, musicians, authors, etc.
So even though I don't condone copyright infringement, even I as a composer, writer, and computer programmer have a hard time with the way copyright is being abused to go after two bit infringement, enough so that I'd rather see copyright law and enforcement rolled back to about 1970, but not enough so that I'd want to see copyright go away altogether. It still is very useful at preventing corporations from stealing people's creations... up until the point at which they sign the contract, anyway, at which point the content creators are usually screwed.... You know... maybe we should roll it back farther than 1970... or at least seriously revisit the notion of works for hire and seriously tighten up what constitutes a work for hire, seriously limit corporate ownership of copyrights, and in general take back copyright from the leachers... and I don't mean the ones on Bittorrent.
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Indeed, it is clear that I desperately need an editor when writing things late at night. Indeed, I began three sentences in a row with the word indeed. Indeed.
*sigh*
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Don't worry about it. Still one of the most clear-headed ./ posts I've read on the subject.
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I don't know whether to be happy about that or terribly depressed. :-D
Re:Let me guess... (Score:5, Interesting)
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I would also suggest that the copyright period be reduced to something more reasonable, say 50 years ...
This sounds excessive. The original copyright term in the US was 14 years - back when typesetting was done manually, and you had to make a return on your creation from a population of a few tens of thousands within horsecart-range. Now I can make a pdf available to billions of people worldwide within hours. A copyright period of a year or two sounds more appropriate.
Then s/transfer/exclusive license/g (Score:2)
I would suggest that copyright not be transferable from the original authors.
What's the practical difference between a transfer (also called an assignment) of copyright and an exclusive license for the life of the copyright?
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An exclusive license can be revoked in certain circumstances, a transfer is just that.
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No, there was a financial incentive for creating musical and artistic works long before copyright. In fact, there were two financial incentives. One was patronage and commiss
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OT: The criminalization of society is indeed a problem but I don't think littering is particularly one of them. You don't need to live in fear that the cops will dig up some old littering you did and charge you with it.
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I do understand that the choice isn't between having the law or not; if I didn't, I wouldn't have suggested rolling back certain aspects of the law to the way things were before they started going seriously wrong. :-)
Regarding littering, yeah, that clearly is a minor thing in the grand scheme of things, and if digging up old littering is the worst thing they can do to you, they're probably not trying very hard. With all the arcane laws on the books, I probably broke at least three this morning... somehow..
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Thanks for writing that, I was discussing this with the gal pal tonight.
It reminded me - the last paragraph in particular - of this article: http://www.guardian.co.uk/music/2009/oct/06/edwyn-collins-sharing-music [guardian.co.uk]
For Maxwell, this has been emblematic of everything that's wrong with the music industry. "[We are] aware of who the biggest bootleggers are," she said. "It's not the filesharers." While Collins has worked to make A Girl Like You freely available to his fans, she alleges that the same track is sold illegally "all over the internet". "Not by Edwyn, [but] by all sorts of respectable major labels whose licence to sell it ran out years ago and who do not account to him."
Re:Let me guess... (Score:5, Insightful)
Actually, I pretty much consider littering one of the most serious breakdowns of society... you are literally polluting your own environment directly. I'd rather have my son pirate every piece of software on his computer, and every bit of media he has a hold of than to see him litter. That's the truth of it... Not that I really condone the piracy of all software and media.
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Not that I really condone the piracy of all software and media.
I agree. I wouldn't recommend that anyone pirate Microsoft Access. Ever. For any reason. At all! No reason at all. Believe me, don't touch Microsoft Access. Just let it die. Please?
Off-topic but on-topic to your post: London. (Score:3, Interesting)
I always thought this to be rather counter-intuitive, but it strikes me time and again when I visit London...
Compared to San Francisco, New York, Amsterdam, Rotterdam, etc. downtown London is squeaky clean. Not just the parks, but random streets, areas near train/underground stations, etc. as well.
I hardly ever see any cleaning crews, so it can't be that they're busy cleaning all the time to keep things clean.
Then at one point in my first visit, I -had- a piece of trash.. an empty coke can ..and after 15 m
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I also was there. The cleaning crews work late at night (I encoutered one), and the city is rather filthy then. I heard that there are no trashcans because of IRA - people were afraid that terrorists would leave bombs in them.
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Hey, at least they were disposing of their bombs properly. In Afghanistan they litter them along the side of the road! Buncha barbarians...
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Re:Let me guess... (Score:4, Funny)
Ah, I thought it came from strange women lying in ponds distributing swords.
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"Authority to govern comes from the consent of the governed"
Ah, I thought it came from strange women lying in ponds distributing swords.
Oh, but you can't expect to wield supreme executive power just because some watery tart threw a sword at you!
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Supreme executive power derives from a mandate from the masses, not from some farcical aquatic ceremony.
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Ah, now that would make for a fun political platform!
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when a significant portion of society breaks a law, there's not something wrong with the society, but with the law
So equality between races, genders and minorities rights are wrong?
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when a significant portion of society breaks a law, there's not something wrong with the society, but with the law
So equality between races, genders and minorities rights are wrong?
Your argument does not stand up to critical review. Trying to draw an equivalence between say, one race enslaving another, and the general public participating in -- or turning a blind eye toward -- unauthorized sharing of "intellectual property" is specious reasoning. Consider the absolute worst case of zero public support for intellectual property. What would happen? Would musicians be held in bondage? Would artists be forced to paint for free? Would inventors be chained to their shops until they in
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Think about that for a second, why do you think some are right and left brain thinkers? These are traits of human beings one being analytical the other being abstract, that is why some people take to music and acting and others take to mathematics in many ways you are born into these fields the same way you are born with a sex and race. If we do take your 'extreme' case where there are no laws enforcing copyrights why don't we look back before there were such laws? Was th
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I am certain that "even" in Canada the average pay for women/black/gay/islam is a lot less than for christian white men, the changes for high level job is less, etc.
The situation is likely not as bad as in USA where courts routinely give a lot bigger penalties for black, police is much more likely to stop a car driven by blacks, etc. but to claim equality is naive at best.
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but when a lawmaking apparatus is so aloof that it deems most of the people who make up a society unfit to be part of that society, that society is likely very sick in other respects as well.
Is it the society that is sick, or the lawmaking apparatus? I definitely consider the majority of the US Congress fairly mentally ill... ;)
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I would like to point out that there are laws which the majority break but the majority also agree with like speeding laws.
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Even if you've caught them infringing your copyright
spyware on your machine (Score:2)
There's already spyware on your machine, it's called Anti Virus software
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It's getting to be a pretty good argument for abandoning Windows. I'm pondering a BSD machine with Firefox and P2P software running in jails, so even if the program itself had some sort of catastrophic security problem that allowed RIAA, the MPAA or whoever else (FBI, CIA, whatever) to throw in some spyware (if any of these guys even know what FreeBSD is), it would be pretty damned useless.
First thing to type.... (Score:1)
Two faces of a coin (Score:5, Insightful)
Re:Two faces of a coin (Score:5, Interesting)
I think corruption is only a partial explanation for these terrible laws.
As we age, through repetition, our worldview becomes burned into our minds like a phosphor afterglow on an old CRT. We then tend to face novel situations by constructing analogies between them and our ingrained repertoire of concepts, which explains the prevalence of car analogies for computing. But like all analogies, these are imperfect, and when aged lawmakers try to legislate based on these analogies, we get bad policy [wikipedia.org]. Thus, to get truly effective policy, we need people who have an innate understanding of the subject: as the cynical old saying goes, "change comes one funeral at a time."
By the way: when will people start using computer analogies to explain cars?
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By the way: when will people start using computer analogies to explain cars?
Soon. As soon as it's the *other* kind of driver that's to blame for the *other* kind of crashes (quite possibly followed by the regular kind).
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I watched one of Adam Curtis documentaries, and I liked what one of the people that got interviewed said. The below is from memory so is probably not 100% word for word.
- Corrupt is your word. It isn't the word I would use.
- What word would you use?
- They were seduced.
It just hit spot on. People are seduced by ideas and once it becomes ingrained into their minds, it is very hard to see the problems with the idea. It must be a good idea because it sounds so good, and if you just look around you can see all t
Bad spin (Score:2)
True, that.
I don't see how *anyone* could get a positive of someone who's trying to fight anti-spam and anti-spyware. Sure, the majority of the population is probably more than a little hazy on spyware, but spam? That one they know, and can't possibly like.
Let them talk, and just keep asking "so basically, you're fighting to *allow* spam and spyware? You must really not have the common good in mind, eh?"
"Now we're getting somewhere" (Score:1)
Am I reading the summary wrong? (Score:1, Informative)
the copyright lobby has been pushing to remove parts of the bill that would take away exceptions which currently allow spyware to be installed without authorization
Warning: summary makes little sense. This says there is an exception allowing uninformed installation of programs, and that the copyright lobby is against the exception. According to the article, the copyright lobby is trying to add an exception to allow certain programs to be installed in this manner. If you read the summary expecting the copyright lobby to support bad things, you'll read the summary as it should read.
Maybe it's a ploy to trick us into actually reading the article.
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Despite all that, he's managed to be +5 insightful.
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Ah ha, but you can't trick me into modding this comment as you'd like.
It's a trap! Don't mod the article as the author urges you to! ;3
FYI: yes, I am stacking more double negatives just to see if you'll react in an amusing manner. :3
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They want sneak and peak open season.
If their "off the rack", one size fits all IP hunting Windows backdoor application gets all your data, so be it.
If they have to stand in open court and explain case by case how they 'protected' personal information during and after the hacking, it spoils the fun of the rapid IP to c
Re:Am I reading the summary wrong? - YES YOU ARE (Score:2)
This says there is an exception allowing uninformed installation of programs, and that the copyright lobby is against the exception.
No - quite the opposite, in fact. It says that the copyright lobby is against removing that exception. The summary states this quite clearly.
Maybe it's a ploy to trick us into actually reading the article.
Failing to comprehend the summary (which was not awful, for a change) does not bode well for comprehension of the article.
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The bill would change this.
They're trying to remove that part of the bill.
Got it?
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The copyright lobby has been pushing to stop the taking away of exceptions (ie. they want the exceptions in there). It is a needlessly complicated sentence.
Do as I say, don't do as I do...... (Score:1)
- Frank Sinatra
Shame? (Score:3, Insightful)
Do these RIAA and MPAA have no shame? Seriously. How can they ask for these things with a straight face? Must be desperation in the face of an obsolete business model.
Only two legitimate exceptions I can think of (Score:1)
There are only two cases I can think of where someone should be allowed to be installed on your machine:
1) it's not really your machine. For example, if a lending library loans out PCs, or your employer gives you a PC, the owner has rights.
2) pursuant to a judicial order with the same or higher standards as voice wiretapping
Some people would say #2 isn't legitimate
Just trying to be like the USA (Score:2)
Just a bunch of criminals (Score:2)