Can The Public Be Heard On Copyright Issues?

from the one-hopes... dept

When it comes to copyright law, it's no secret that politicians tend to listen almost entirely to lobbyists, and pay no attention at all to the feelings of the public. There are a few different reasons for this (and, certainly it depends on each politician). In some cases, it's basic corruption. You listen to the folks who fund your campaign, and the entertainment industry can be a major contributor to elections. However, I think a bigger issue is that many politicians really do believe that the industry representatives best represent the needs of cultural society. This might be because they get starstruck in meeting rockstars and movie stars that the entertainment industry occasionally parades around, or it might be because they just don't know where else to turn to on these issues -- and simply assume that "who would know better the impact of copyright than those who seem to rely on the system."

For years, a growing number of folks have worked hard to try to amplify the public's voice on these issues. They've been trying to make it clear that greater copyright isn't an unequivocal "good thing" and that it has many real and significant downsides as well. The internet has been an amazing tool in making this happen, but it's still not enough. In the US, for example, I can count on the fingers of one hand how many politicians actually recognize the downsides to over protection from copyright... and still have enough fingers to wag at the rest of our elected officials. The situation in Canada appears to be just slightly better, however. Michael Geist deserves a lot of the credit for that. He was the one who rallied the public the last few years when Canadian politicians tried to rush through draconian copyright changes to the system, pushed directly by US copyright interests.

While some Canadian politicians appear to have recognized some of the issues, that doesn't mean most still aren't under the false belief that more copyright is good, and what the industry reps claim is "good" is actually good for the public. So, as the Canadian gov't has begun a consultation over new copyright laws, Geist is trying to make sure that the public's voice is actually heard this time. He's launched a website called Speak Out On Copyright that tries to track the online discussion (from all over the internet) on copyright issues and help the public become much more involved in the consultation process. He's also kicked it off with his own response to the consultation, which is well worth a read.

It's still an uphill battle. The recording industry has said that they thought the bill that died last year, which so many had protested as being way too draconian, was actually too tame and did not go far enough. They've asked for the moon -- including anti-circumvention clauses, three strikes and copyright term extension. And most politicians will still hear their voice the loudest, and think that it's representative. But maybe, just maybe, the actual public -- the real people impacted by these things -- can get their voice heard in a way that has a real impact and prevents new laws that don't serve the public, don't encourage more creativity and serve only to prop-up and protect one industry's old and obsolete business model.

Is it enough to make a difference? The fact that it actually exists is already a difference. It may not stop those powerful, connected and well-funded lobbyists from pushing through bad legislation, but hopefully the voice of the public will actually at least play a role in what happens.

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The Conference Board Of Canada Recalls Three IP Reports; Admits Plagiarism

from the wow dept

Earlier this week, we noted the massive problems with a recent set of reports put out by The Conference Board of Canada about intellectual property in Canada. Based on highly questionable research with parts of it apparently copy/pasted from lobbyist reports, the whole thing was a mess, and a significant drain on The Conference Board of Canada's credibility as an impartial analyst on these sorts of issues. Michael Geist has been leading the charge in exposing these reports for what they are, and I recently agreed to team up with Geist (really: back him up by saying "yeah, what he said!" over and over again) in a debate with the Conference Board organized by the Mesh guys. Except... while waiting for The Conference Board to respond to the offer to debate, something quite surprising happened: the Conference Board of Canada has recalled all three IP reports and put out a statement reading:

The Conference Board of Canada has recalled three reports: Intellectual Property Rights in the Digital Economy; National Innovation Performance and Intellectual Property Rights: A Comparative Analysis; and Intellectual Property Rights--Creating Value and Stimulating Investment. An internal review has determined that these reports did not follow the high quality research standards of The Conference Board of Canada.

Separately, the CEO of The Conference Board of Canada has supposedly admitted the report was plagiarized. Kudos to Michael Geist for his relentless following of this story, and making sure it got the attention it deserved... and kudos to The Conference Board of Canada for actually backing down (despite first defending the credibility of the report) once it realized how problematic it was. However, it is disappointing that it took massive publicity to get the company to recognize and admit the mistake. It's troubling that it would have put out lobbyist talking points in cut-and-paste fashion in the first place... and it makes you wonder if it's happened with other reports from The Conference Board of Canada. In the meantime, I guess this means I'm not flying to Toronto any time soon...

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How Canada Fought Bad Copyright Law: Showing Why Copyright Law Matters

from the sit-back-and-watch dept

You may recall, just about a year ago, there was suddenly a bunch of news over the possibility of Canada introducing its own version of the US's Digital Millennium Copyright Act (DMCA). To the surprise of both the entertainment industry (who helped craft the law) and the politicians who were pushing it, the opposition to this law was incredibly successful in getting its message out. Starting with calls on various blogs and Facebook groups, kicked off by law professor Michael Geist, the issue became a big one throughout the media. The politicians who promised the entertainment industry that they would pass this law tried to delay the introduction, assuming that the opposition, while loud, was thin and would fade away. They were wrong. The issue continued to get attention, and when the law was finally introduced, the opposition, across the board, was widespread and strong. It wasn't just a fringe issue among "internet activists." It was something that people from all over the economy saw as a fundamental issue worth fighting for.

But why?

For years, copyright (and wider intellectual property) law has been considered to be sort of inside baseball, something that only lawyers and the entertainment industry cared about. But that's been changing. There are a variety of reasons for why this happened and why copyright is considered a key issue for so many people in so many parts of the economy. Michael Geist has now put together a film that tries to examine that question. After first discussing how the issue became such a big deal, Geist interviews a number of Canadian copyfighters to get a sense of why copyright is an issue worth fighting about:

Not surprisingly, Geist has also made the movie available in a variety of different formats so people can do what they want with it, including remixing or re-editing it. There's the full version (seen above), an annotated version, a version for subtitling, or you can download the full movie via BitTorrent at either Mininova or Vuze. Unless, of course, you live somewhere where they claim that BitTorrent is evil and must be blocked.

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Canadian DMCA Hide And Seek -- With Bonus Wikipedia Edits

from the where'd-it-go--now dept

Despite the expectations that the new Canadian DMCA would be released Wednesday, it appears that the bill's introduction has been delayed as the guy behind it, Jim Prentice, figures out what to do. Some reports note that Prentice apparently promised the recording industry that the bill would be introduced before the summer, which seems fairly ridiculous. Why should he promise one industry anything -- especially when there's so much consumer and business opposition to the bill? In the meantime, though, while not introducing the bill, it does appear that folks in Prentice's office have been busy scrubbing Wikipedia to make sure this controversy isn't on Prentice's page.

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It's Baaaaaack. Canadian DMCA On The Way

from the if-you-wait-long-enough,-maybe-people-will-forget dept

You may recall that last fall, Michael Geist notified the world that the Canadian government was about to announce a Canadian version of the DMCA, that was effectively a Hollywood wishlist of unnecessary copyright controls. The politician in charge of pushing this through, Jim Prentice, thought that he could get it approved quietly with no one noticing -- figuring that copyright is a boring subject that no one cares about. He was wrong. Thanks to Geist shining some sunlight on the bill, tens of thousands of individuals suddenly became quite vocal in opposition to the bill -- and even a bunch of big Canadian companies came out against the bill. Prentice delayed the bill, insisting that he would listen to consumer and business concerns... though there were never any open hearings or public discussions.

Instead, it looks like Prentice made a very minor change in the bill (allowing "time shifting") and then has waited for a convenient time to re-release the bill. It's expected that the bill will once again be introduced this coming Wednesday (just before Prentice is set to leave town). Once again, Michael Geist has all the details including what the likely talking points are in support of the bill... and why they're totally bogus. It sounds like Prentice is going to stick to the entirely false claim that Canada needs to approve this bill to meet its "international obligations" as found in various treaties it's signed. This is a common trick used by the entertainment industry and politicians to justify bad legislation. But, as Geist notes, Canada already is in compliance with the treaty in question. It's too bad Canada didn't follow the lead of other countries in standing up for the rights of its consumers.

In the meantime, as Geist notes, Prentice seems to think that this particular bill will sneak through again without much opposition. It's surprising that he thinks that, given what happened last time. But, if he's going to think people forget things that quickly, perhaps its time for Canadian citizens to make it clear that they don't forget, and they don't appreciate Prentice selling out their basic rights to folks in Hollywood who are too lazy to update their obsolete business models.

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