IIPA Wants Canada And Spain On The 'Naughty' Special 301 List Even Though They Brought In Tough New Copyright Laws

from the base-ingratitude dept

Here on Techdirt, one of the things we look forward to each year is the comedy production known as the 301 Report, where the US makes the world line up in a row, and then names and shames all the naughty countries whose intellectual monopoly laws aren't outrageous enough. In advance of the official naughty list, there are helpful suggestions from the fans of monopoly maximalism, including the International Intellectual Property Alliance (IIPA), which has just released its 2013 demands. Mostly it's the usual suspects -- China, India, Russia etc. But there's an interesting change from the previous year's list: Canada has moved from the really naughty "Priority Watch List" to the only slightly naughty "Watch List".

As Michael Geist points out, far from being good news, that's outrageous:

Those that thought passing Bill C-11 -- the Canadian copyright reform bill that contained some of the most restrictive digital lock rules in the world -- would satisfy U.S. groups will be disappointed. The IIPA wants Canada back on the piracy watch list, one notch below the Special Watch List (where the US placed Canada last year).

Despite the praise for Bill C-11 last year, the groups are right back in criticism mode and demanding reforms. The IIPA is now unsure if the enabler provision will help stop sites that facilitate infringement (despite the fact that its members have yet to use the provision) and concerned with the prospect of new exceptions to the digital lock rules. In fact, its criticisms of the rules for Internet providers (it wants a notice-and-takedown system, tougher rules on search engines that link to infringing content, and new rules to target repeat infringers) are so strong that the organization implausibly claims possible non-compliance with the WIPO Internet treaties.
Nor is Canada the only country that might be surprised to find itself on the naughty step again. As Mike explained last year, Spain was removed from the official Special 301 list for being an obedient little vassal state and bringing in the punitive Ley Sinde, as instructed, despite huge public and business opposition. And now, guess what? The IIPA already wants Spain back on the list for not doing enough in this area (pdf):
Contrary to the expectations surrounding the implementation of ley Sinde that led to Spain's removal from the Special 301 Watch List last year, Spain saw no positive developments in 2012.
Let's hope Canada and Spain -- and everyone else -- draw the obvious conclusion from the IIPA's latest calls: that no matter what countries do, no matter what legislation they bring in, and no matter what disproportionately harsh punishments they inflict on their own people, it will never, ever be enough, and there will always be further demands, and further threats to put them back on the naughty lists. The only solution is to stand up to this blackmail once and for all, and to treat the Special 301 list with the contempt it deserves.

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Reader Comments (rss)

(Flattened / Threaded)

  1. icon
    Rikuo (profile), Feb 15th, 2013 @ 11:21am

    What? I'm supposed to be surprised? I called this the moment I first heard of 301.

    reply to this | link to this | view in thread ]

  2. identicon
    Anonymous Coward, Feb 15th, 2013 @ 12:51pm

    Let's call the report by its proper name: Unadulterated Bullshittery

    reply to this | link to this | view in thread ]

  3. identicon
    Anonymous Coward, Feb 15th, 2013 @ 12:55pm

    The list should come out in December because obviously the Content Cartels believe in Santa Claus.

    reply to this | link to this | view in thread ]

  4. identicon
    Anonymous Coward, Feb 15th, 2013 @ 12:57pm

    Of course they're not tough enough. Violators aren't getting a 200 year sentence to the nearest concentration camp and/or a 500 trillion dollar fine.

    reply to this | link to this | view in thread ]

  5. identicon
    Anonymous Coward, Feb 15th, 2013 @ 12:58pm

    Give a mouse a cookie....

    ...and you still end up on the 301 list!

    I vote we nominate a top 10 copyright abusers list. MAFIAA will take up quite a few spots, but then you gotta leave room for Prenda and Cameron....

    reply to this | link to this | view in thread ]

  6. identicon
    Chris Brand, Feb 15th, 2013 @ 1:06pm

    "Spain saw no positive developments in 2012" - in other words, they want to see copyright law cranked up every single year, or you're back on the list. At least they're honest about it...

    reply to this | link to this | view in thread ]

  7. icon
    Mr. Smarta** (profile), Feb 15th, 2013 @ 1:08pm

    Not fair...

    That really isn't fair. You have to remember that a lot of countries don't have the niceties that we have here in America. They need things like American treaties and 301 reports and presidential executive orders. You don't understand! THESE POOR COUNTRIES DON'T HAVE TOILET PAPER!! What are they supposed to use?? These written documents are needed every time a non-American or whatever has to take a dump. For crying out loud... Don't knock their only means of wiping their back side.

    reply to this | link to this | view in thread ]

  8. identicon
    Anonymous Coward, Feb 15th, 2013 @ 1:19pm

    Re: Give a mouse a cookie....

    This sounds like a great idea.

    reply to this | link to this | view in thread ]

  9. icon
    That Anonymous Coward (profile), Feb 15th, 2013 @ 1:36pm

    One can see many parallels between how this works and how the war on terror is run.
    We got everything we wanted, but you have to give us more.
    The assumption is the path they are on is the single correct path and if it isn't working they just need more and then it is going to work.

    It would be nice if the people giving them this power were to stop and look at what those complaining are doing.
    How can anyone look at the "settlement" in Canada for labels committing commercial copyright infringement, and believe they are these poor little sheep being ripped apart by wolves? If they had been held to the same standard they have gotten imposed on everyone else they owed billions. They settled for millions and one label went the extra mile and sued their insurance carrier to pay off their portion of the settlement caused by the labels illegal acts.
    They go on and on about how filesharing is stealing kajillions from them, but everytime we get a glimpse into how they are operating it becomes clear that the labels are worse thieves than they accuse everyone else of being.

    They keep listening to groups that only exist to "battle" piracy, and ignore that those groups have to keep piracy alive so they can survive. That no matter how much they get, it never gets better. Rather than listening to special "reports" that twist facts, we need to start looking at the actual results and question why we keep doing the same things that never work.

    reply to this | link to this | view in thread ]

  10. identicon
    FuzzyDuck, Feb 15th, 2013 @ 1:43pm

    Special 404 list

    The US govt should produce a special 404 list that lists countries that the average American can't find on a map.

    reply to this | link to this | view in thread ]

  11. icon
    WDS (profile), Feb 15th, 2013 @ 2:08pm

    No Netherlands?

    I would think with the recent news that the Netherlands was doing away with Database rights, and making more efforts to make their IP laws make some type of sense that the IIPA would be pushing to have them on it.

    reply to this | link to this | view in thread ]

  12. icon
    varsil (profile), Feb 15th, 2013 @ 3:29pm

    Of course...

    Of course they want Canada back on the list. After all, putting us on the list worked the last time--they got their ridiculous list of demands. Why stop now when you're winning?

    Don't mistake what they're asking for for a compromise. They want you to compromise by giving them half the pie, and then they'll ask you to compromise again for half of that... pretty soon they've eaten the whole pie and are demanding you pay half their dry-cleaning bill because they spilled pie on their shirt.

    reply to this | link to this | view in thread ]

  13. identicon
    Anonymous Coward, Feb 15th, 2013 @ 4:10pm

    Draconian copyright does save me money.

    It has saved me a lot of money. With all these rules and liabilities, I have realized how dangerous it is to have media from the entertainment industry in my position. I could easily find myself in hot water. So to save myself, I simply stopped buying it. And that has saved me a lot of money.

    reply to this | link to this | view in thread ]

  14. identicon
    Anonymous Coward, Feb 15th, 2013 @ 4:31pm

    Hey Glyn- how much content do you pirate every week?

    reply to this | link to this | view in thread ]

  15. identicon
    Anonymous Coward, Feb 15th, 2013 @ 4:34pm


    Spain had GoEar licensed and that license will be what stands between their naughty and not so naughty list. That it isn't the laws being the problem, well, make laws to make laws the problem...
    Lex GoEar incoming!

    As for Canada making the list, it is 100% certain that the countries with the most trade with USA will be scrutinized more and since Canada has had some sensibility in their drafting of laws and didnt give out data on the thousands of IPs sought by trolls, they are pretty sure to end there no matter what.

    301 is the US list of foreign shaming and thus it is one of the lists creating dissention and hate towards USA...

    reply to this | link to this | view in thread ]

  16. identicon
    Anonymous Coward, Feb 15th, 2013 @ 4:39pm


    As much as you do, based on the amount of proof you're showing.

    reply to this | link to this | view in thread ]

  17. icon
    That Anonymous Coward (profile), Feb 15th, 2013 @ 8:11pm


    More than likely not as much CP you collect.

    See baseless loaded "questions" meant to cause people to question the speaker aren't real useful are they?

    You really should take a course in how to effectively debate, rather than just make round a bout allegations trying to paint your opponent as an evildoer.

    reply to this | link to this | view in thread ]

  18. identicon
    Anonymous Coward, Feb 16th, 2013 @ 1:33am

    it doesn't matter what laws are brought in, what punishments are dished out, unless the rules are dictated by the USA and adhered to unwaveringly, no country is ever going to do enough! what is the most worrying thing is that countries actually take notice of this shit and try to do things that are detrimental to it and it's citizens, just to try to please these fucking pricks! how ridiculous can it get??

    reply to this | link to this | view in thread ]

  19. identicon
    Michael Langford, Feb 16th, 2013 @ 11:34am


    The USA is a dangerous rogue state at this point anyway. Here's hoping they collapse under the weight of their fear and uselessness soon.

    reply to this | link to this | view in thread ]

  20. identicon
    wwwarea, Feb 16th, 2013 @ 2:32pm

    Error: Constitution not Found in US

    I think any country who believes in any Intellectual "Property" laws should be put on the Naughty list for not believing in Free Culture. :D Especially if they want people that wants less censorship in other countries to be on the list.

    But yeah all this monopoly belief crap in the USA is making a so called free country look really bad. So bad that it's not even funny and very sad.

    reply to this | link to this | view in thread ]

  21. icon
    dudhit (profile), Feb 17th, 2013 @ 5:22pm

    cake and eating it

    fell alseep reading all the complaints then got to the final section - MARKET ACCESS BARRIERS
    RE: the Spanish cultural laws hurt us too, make them stop.
    feel sick.

    reply to this | link to this | view in thread ]

  22. identicon
    masquisieras, Feb 18th, 2013 @ 2:19am

    The question?

    Why the rest of the world do not consider to be in the 301 list as what it is, a badge of honor that the local government has not fully sell out to the american entertainment industries?

    reply to this | link to this | view in thread ]

  23. icon
    Ninja (profile), Feb 18th, 2013 @ 2:55am


    That. Jokes should be treated as they really are: jokes.

    Though this one is quite predictable by now, isn't it?

    reply to this | link to this | view in thread ]

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