Blog - Unity Behind Diversity

Searching for beauty in the dissonance

Tagged: politics

Canadian Telcos Appoint Ex-Cabinet Ministers To Their Boards

This post originally appeared on Techdirt.

Two of Canada’s big three telcos have recently appointed former cabinet ministers of the ruling party’s government to their respective boards. A few weeks ago, Bell appointed Jim Prentice, who was responsible for telecom policy and regulating companies like Bell while serving as Minister of Industry in 2007-2008. Then, while former cabinet minister Stockwell Day’s new “government relations” not-a-lobbying-firm has raised concerns about loopholes in lobbying laws, this past weekend Telus named Day to its board. (How long until Rogers aligns with industry standards and finds an ex-minister of their own?) OpenMedia.ca decried both appointments as examples of big telecom “cozying up to the government,” but journalist Peter Nowak argues it’s the system’s fault: “Lobbying is so pervasive and deeply integrated” into the system that the only way to deal with it seems to be to “fight fire with fire,” as even new wireless carriers have quickly learned — i.e. don’t hate the players, hate the game.

Neither Prentice nor Day will be lobbyists, but it seems obvious that their knowledge of government is being sought for the purposes of lobbying. In the broadband space, Bell has been butting heads with the government and regulators over issues like wholesale usage-based billing. In the wireless space, the next spectrum auction is approaching and incumbents want to avoid a repeat of the last auction, where 40% of the spectrum was reserved for new entrants and the government forced incumbents to offer roaming agreements — rules ironically set by Bell’s new board member, Jim Prentice.

Are these appointments examples of regulatory capture? It might appear that way. It’s certainly a case of telcos gearing up for a heavy round of lobbying that’s unlikely to favor consumers, but it’s hardly a case of blatant revolving doors. Day was not actually responsible for telecom policy, and Prentice was behind rules that angered incumbents. If the government favors incumbents in the next spectrum auction or backs down on wholesale usage-based billing, that would be a different story, but Canadian incumbents are scrambling because they’ve lost some big battles. This isn’t so much a cause for deep concern as it is a challenge to those who favor more competition in Canada to keep pressing the government to follow through on what it’s started.

Comments are on Techdirt.

Creative Commons Attribution-ShareAlike 4.0 International Permalink | Comments Off on Canadian Telcos Appoint Ex-Cabinet Ministers To Their Boards

Ontario Premier Says Cellphones Could Be Useful In The Classroom

This post originally appeared on Techdirt.

With schools, cell phones and a politician in the same headline, you’d think the story would be about another attempt to ban technology, but in Ontario, Premier Dalton McGuinty is telling schools to be open to uses for cellphones in the classroom.Watch Full Movie Online Streaming Online and Downloadmovie Beauty and the Beast 2017 trailer

McGuinty, who won’t even let his ministers keep the devices during cabinet meetings, said he understands they can be a major distraction, but there is a “right way” to use them in class.

“Telephones and BlackBerrys and the like are conduits for information today, and one of the things we want to do is to be well-informed,” he said. “And it’s something that we should be looking at in our schools.

The issue came up in light of the Toronto District School Board rethinking its blanket ban, and “exploring ways to make [mobile devices] more acceptable.”

Political opponents are already mocking McGuinty, and his government does have a really mixed track record on technology… but the comments here are actually quite reasonable. There’s room between the “discipline theater” approach of a total ban and the teacher’s nightmare scenario of a total free-for-all. A good acceptable use policy would attempt to reduce distractions while not precluding ways in which mobile technology can be helpful in the classroom.

I attended a strict private high school in Toronto from 2001-2005, and we had a blanket ban on electronic devices… but teachers were smart enough to know when it made sense to ignore the ban. I used my PDA to take notes and manage homework in every class, and another student in my year often used a tablet computer. The ban was eventually lifted after I graduated, acknowledging the fact that more and more students were using laptops and mobile devices in ways that helped them learn, while I’m sure they still have a no nonsense policy for students goofing off or distracting others. Rules are needed to minimize bad uses, but that shouldn’t prevent people from exploring good uses.

So, good for McGuinty for recognizing that we’re better off exploring applications for mobile technology in the classroom than simply trying to ban it.

Read the comments on Techdirt.

This post originally appeared on Techdirt. With schools, cell phones and a politician in the same headline, you’d think the story would be about another attempt to ban technology, but…

This post originally appeared on Techdirt. With schools, cell phones and a politician in the same headline, you’d think the story would be about another attempt to ban technology, but…

Creative Commons Attribution-ShareAlike 4.0 International Permalink | Post a Comment

New Canadian Copyright Bill C-32: The Good, The Bad, The Ugly, And What To Do About It

As expected, the Canadian government tabled a new copyright bill today. Despite the consultation last summer, rumour has it that Canadian Heritage Minister James Moore and Industry Minister Tony Clement—the two cabinet ministers responsible for copyright (who seemed to understand the new opportunities technology presents)—couldn’t come to an agreement, and the Prime Minister’s Office sided with Moore’s more hard-line approach. Yet, it appears Clement’s influence was not lost. The proposed legislation, Bill C-32, actually contains many good provisions… but strict digital lock restrictions threaten to undo them all.

Fair Dealing—There’s An Exception For That

The current Canadian concept of fair dealing is more limited that the American doctrine of fair use. The Supreme Court has repeatedly ruled that it should be interpreted broadly, but present law restricts fair dealing to just five categories—research, private study, criticism, news reporting, and review. NDP Member of Parliament Charlie Angus had tabled a private member’s bill to introduce flexible fair dealing back in March, but with Moore’s vision winning out over Clement’s, Bill C-32 rejects flexible fair dealing.

But, it does contain a host of new exceptions for parody and satire, education, time shifting, formating shifting, and backup copies. There’s even a new “Non-Commercial User-generated Content” exception (29.21), which would legalize mashups and remixes under certain circumstances.

While the litany of exceptions fails to introduce real flexibility into the law for new innovations, Michael Geist—leading critic of the last, failed copyright bill—still describes this as “a pretty good compromise.” There are those who strongly oppose the uncertainty that comes with flexibility, so maybe the “there’s an exception for that” approach is the best we can hope for right now.

Though not perfect, it’s still a positive development, and definitely an improvement on the past.

Other Good Compromises

Geist notes two other good compromises. As with the last two copyright bills, C-32 would implement a notice-and-notice system for Internet Service Providers to handle copyright infringement allegations, rather than the guilty-until-proven-innocent American notice-and-takedown system, or the insanely disproportionate three-accusations-and-you’re-kicked-off-the-internet approach. Also, a change to the statutory damages provision would finally distinguish between large scale counterfeiting and non-commercial infringement, limiting the latter between $100-$5000 instead of the current $20,000 maximum. While $5000 per infringement is still pretty ridiculous, cutting the maximum down by 75% for non-commercial infringement would be a positive development.

The Downright Terrible: Digital Lock Provisions Undo The Exceptions

The huge loophole in this bill is the approach to anti-circumvention provisions, which would make it illegal to break a digital lock even if what you are doing is otherwise non-infringing. It’s important to understand how this massively undermines any good which might come from additional fair dealing exceptions: if there’s a digital lock, the exceptions are meaningless. Bill C-32’s rigid digital lock provisions undo the exceptions.

  • Want to make a backup copy? There’s an exception for that… unless there’s a digital lock!
  • Want to transfer songs to your iPod? There’s an exception for that… unless there’s a digital lock!
  • Want to make use of copyrighted content in the classroom? There’s an exception for that… unless there’s a digital lock!
  • Want to remix Louis Armstrong with death metal? There’s an exception for that… unless there’s a digital lock!

This has to change. More importantly, it doesn’t have to be this way. Submissions to last summer’s consultation were overwhelmingly opposed to this approach. Other countries have met their international obligations with anti-circumvention provisions that are actually linked to copyright infringement (e.g. New Zealand‘s passed law, India‘s proposed law). With a flexible anti-circumvention provision, the exceptions would apply to digital locks too.

Why should companies be able to rewrite copyright law and trump exceptions simply because they slap a digital lock onto something? If there’s a backup exception, there should be a backup exception. If there’s allowance for parody and satire, no digital lock should be able to take that away. And what’s the use of a format shifting exception if digital locks will force you to repurchase your content to stay legal anyways?

Canada needs to have a flexible anti-circumvention approach that is actually linked to infringement, or none of the compromises in this bill even matter.

Other Nasty Things

There’s an inducement clause (27 (2.3)) which would make it illegal to provide a service online “that a person knows or should have known is designed primarily to enable acts of copyright infringement.” Would the Internet-equivalent of a VCR pass that test? What about BitTorrent? Both technologies can be used to enable acts of copyright infringement, but they also have legitimate uses. How the “primary use” is determined could have significant implications here.

The time shifting provision (29.23) warrants further review, as it contains a variety of conditions under which you can record a program for later viewing. For example, the bill would require that you “keep the recording no longer than is reasonably necessary in order to listen to or view the program at a more convenient time”—seemingly, a requirement to get rid of recordings once you’ve listened to/watched them.

Also, library provisions allowing for distribution are subject to digital locks, and contain a requirement for copies to be destroyed within five days.

There are lots of details like this in this bill that require further study, and most likely revision.

The Strategy: Let’s Make Some Noise

The Conservatives are seeking support on this bill from the Liberals. Liberal Industry critic, MP Marc Garneau, is keen to work with the government to introduce a new law, and is open to the possibility of summer hearings to get it passed. But Clement told the CBC, “I’m not coming down from the mountain with this chiselled in stone… we could seek some consensus and there could be some positive amendments to this bill.”

When I met with my MP, Liberal Joe Volpe, over Bill C-61 in the summer of 2008, his main question to me was whether to scrap the bill or to fix it. Critically, We must let our MPs know—especially the Liberals—which compromises are acceptable, and which undermine the entire copyright bargain. Flexible fair dealing would have been better than a litany of exceptions, but that compromise could work. However, allowing digital locks to undo those exceptions is simply unacceptable.

Conclusion

Politics is the art of the possible, a complex art of balance between ideals and interests. This bill isn’t perfect, but there is a push from both sides of the floor to get it passed. There are a lot of good compromises, but whether or not the bad provisions get fixed could have huge implications on Canadian culture, technology and business in the years to come. Make your voice heard.

Creative Commons Attribution-ShareAlike 4.0 International Permalink | Comments (4)

Watch Movie Online Swiss Army Man (2016) subtitle english

Poster Movie Swiss Army Man 2016

Swiss Army Man (2016) HD

Director : Dan Kwan, Daniel Scheinert.
Writer : Dan Kwan, Daniel Scheinert.
Producer : Lauren Mann, Lawrence Inglee, Lauren Mann, Eyal Rimmon, Miranda Bailey, Jonathan Wang.
Release : June 24, 2016
Country : United States of America.
Production Company : A24, BlackBird, Tadmor.
Language : English.
Runtime : 97 min.
Genre : Comedy, Drama, Romance, Fantasy, Adventure.

Buy Now on Amazon Swiss Army Man (2016) Full Movie

‘Swiss Army Man’ is a movie genre Comedy, was released in June 24, 2016. Dan Kwan was directed this movie and starring by Paul Dano. This movie tell story about Alone on a tiny deserted island, Hank has given up all hope of ever making it home again. But one day everything changes when a dead body washes ashore, and he soon realizes it may be his last opportunity to escape certain death. Armed with his new “friend” and an unusual bag of tricks, the duo go on an epic adventure to bring Hank back to the woman of his dreams.

Do not miss to Watch movie Swiss Army Man (2016) Online for free with your family. only 2 step you can Watch or download this movie with high quality video. Come and join us! because very much movie can you watch free streaming.

Watch movie online Swiss Army Man (2016)

Incoming search term :

Swiss Army Man 2016 Episodes Watch Online
film Swiss Army Man online streaming
Swiss Army Man 2016 English Episodes Free Watch Online
Swiss Army Man 2016 HD English Full Episodes Download
download Swiss Army Man movie now
Swiss Army Man 2016 English Episodes
Swiss Army Man 2016 Full Episode
Swiss Army Man 2016 English Full Episodes Download
Swiss Army Man 2016 Full Episodes Online
Watch Swiss Army Man 2016 Online Viooz
movie Swiss Army Man 2016
Swiss Army Man 2016 Full Episodes Watch Online
Watch Swiss Army Man 2016 Online Free megashare
trailer film Swiss Army Man 2016
streaming Swiss Army Man 2016 film
Watch Swiss Army Man 2016 Online Megashare
watch movie Swiss Army Man now
Swiss Army Man 2016 Episodes Online
watch full movie Swiss Army Man 2016 online
download movie Swiss Army Man
Watch Swiss Army Man 2016 Online Free putlocker
Swiss Army Man 2016 English Full Episodes Free Download
film Swiss Army Man trailer
Watch Swiss Army Man 2016 Online Free
film Swiss Army Man online
Swiss Army Man 2016 Online Free Megashare
download full movie Swiss Army Man
streaming Swiss Army Man
Watch Swiss Army Man 2016 Online Putlocker
watch Swiss Army Man 2016 film online now
Swiss Army Man live streaming movie
movie Swiss Army Man 2016 trailer
Swiss Army Man 2016 English Full Episodes Online Free Download
Watch Swiss Army Man 2016 Online Free Putlocker
Swiss Army Man 2016 For Free Online
download movie Swiss Army Man 2016 now
Swiss Army Man 2016 movie
Swiss Army Man 2016 English Full Episodes Watch Online
watch Swiss Army Man 2016 movie online now
film Swiss Army Man 2016 streaming
movie Swiss Army Man 2016 download
Swiss Army Man 2016 English Episode
watch full Swiss Army Man 2016 movie online
Swiss Army Man 2016 Watch Online
Watch Swiss Army Man 2016 Online Free Viooz
Swiss Army Man 2016 For Free online
Swiss Army Man 2016 HD Full Episodes Online

Creative Commons Attribution-ShareAlike 4.0 International Permalink | Comments (1)

SOCAN Tries To Keep Its Copyright Consultation Submission Offline And Secret, But Fails

This post originally appeared on Techdirt.Watch Full Movie Online Streaming Online and Download

We were just talking about how SOCAN, the Canadian copyright collection society, was going after gymnastics clubs for kids using music in their practice routines. Now they’re getting some well-deserved attention for other antics. Michael Geist explains how SOCAN tried to keep its submission to the government copyright consultation secret. The organization apparently requested that its submission not be posted online, even though that was part of the consultation process. The government made it available anyways, but only by email upon request. Of course, it’s now available online elsewhere [PDF].

SOCAN’s recommendations aren’t surprising. They call for a making available right (article 22 of the submission), a broadening of the private copying levy (article 30), anti-circumvention provisions (55-56), notice-and-takedown (59), copyright term extension (60), and no further exceptions to copyright (34, 48). But rather than outright declaring war on consumers, they copy the language (poorly) of those seeking more effective copyright reform. For example, they claim that the “rights of users and creators” are already “balanced” because “the Copyright Board of Canada provides a fair mechanism to set the royalty” (45) — someone had better tell the gymnastic clubs! Another great example: They want to expand the private copying tax levy to digital audio players so that it’s “technologically neutral.” (11) No word on when they’ll want it to apply to hard drives in general. SOCAN also repeats the ridiculous argument from the Toronto copyright townhall that “unwarranted” fair dealing provisions would mean asking creators to “work for nothing:”

Copyright amendments must not set up unwarranted exemptions, or otherwise limit the copyright royalties paid… If you deprive SOCAN’s members of copyright royalties, you are basically asking over 35,000 Canadian individuals to take risks and work for nothing. That’s not realistic, and it’s not fair. (34-35)

It’s just laughable to suggest that more flexible fair dealing (i.e., something like the American concept of fair use) would mean artists not getting paid. Do artists “work for nothing” in the U.S.? Though, it should be no surprise from an organization that claims that, if you use a Creative Commons license, you “won’t get paid” and your work may become devalued. To a collection society, getting paid can only mean royalties, and the value of music can only mean… well, royalties.

Best of all, they seem nervous about Industry Minister Tony Clement, who’s given some indication that he wants to craft forward thinking policies. SOCAN recommends that the Standing Committee on Canadian Heritage have sole responsibility for copyright reform (article 66). The Heritage committee is involved in the process, but as Geist points out, this recommendation betrays some discomfort with Clement and the Industry Committee, since the Copyright Act clearly grants the Minister of Industry responsibility for copyright. So, first, we get a laundry list of maximalist demands using the language of “balanced” copyright reform, then a suggestion to ignore the Copyright Act and exclude the ministry they’re not comfortable with (you know, the one focusing on the economic concerns) from having any responsibility in reform? No wonder they wanted to keep the submission secret.

Read the comments on Techdirt.

This post originally appeared on Techdirt. We were just talking about how SOCAN, the Canadian copyright collection society, was going after gymnastics clubs for kids using music in their practice…

Creative Commons Attribution-ShareAlike 4.0 International Permalink | Post a Comment

Is There A Better Word Than “Balance” In The Copyright Debate?

Mike Masnick questions the word “balance” in the copyright debate:

I’ve long thought that balance is the wrong way to look at it. The purpose of copyright law is to incentivize the creation of new content, and thus the standard on which copyright law should be judged is one where the [benefits of the] creation of content is maximized. As such, there shouldn’t be a question of balance, because the ideal situation where content is maximized should make everyone better off. Talking about balance is figuring out how both sides should compromise to meet in the middle. Talking about maximizing content creation, on the other hand, is talking about ways to improve the marketplace of options for everyone.

He links to a paper by Abraham Drassinower of the U of T Law School arguing that balance is the wrong way to view copyright policy. “Balance” as a concept in copyright suggests that the law is designed to reward a content creator for their labour (the “sweat of the brow” argument), Drassinower argues, though Masnick has to tease out the main point: “Balance” falsely implies that this is a zero sum game, when “the goal of copyright should be maximizing the [benefits of the] creation of content overall, such that everyone is better off.

I’m sold. I tried to use this point at the Toronto Copyright Townhall and in my submission to the consultation.

But, if not balance, then what?

Words like “balance” are used often to make sure that the interests of the public aren’t forgotten in the face of copyright holders’ interests. I strongly support the group, Fair Copyright for Canada, but “fair” has similar problems to “balance.” What words might serve to include the public interest without suggesting a zero sum game? Mike described it as “maximizing [the benefits of] content creation,” but that seems more useful in explanation than at the sound bite stage.

What about “calibrate?” I notice that Mike used the word in a subsequent post on why morality isn’t relevant in copyright: “A properly calibrated system is one where there’s the greatest overall economic good and everyone has the greatest opportunity to benefit” (strongly related — if it’s an economic question rather than a moral one, rights holders interests are not necessarily opposed to the public interest). “Calibrate” seems like the most accurate word. It doesn’t directly conjure up the notion of the public interest, but it does so indirectly by suggesting an approach that’s about more than “protection.” But it’s too technical for a mainstream audience.

Is there a more accessible synonym for “calibrate?” Optimize? It works, but “optimizing copyright law” seems a bit too vague, and doesn’t really capture the non-zero sum game and the public interest. Thesaurus.com doesn’t help much either.

So what else? I’m not sure. I like “calibrate,” but it won’t work with all audiences. “Optimize” is nice to use in passing to reinforce the point, but it doesn’t introduce it. “Balance” and “fair” are still useful for drawing attention to the interests beyond that of rights holders, but I won’t offer those terms without a caveat or disclaimer.

Other suggestions?

Credit: Brent and MariLynn [CC BY] Mike Masnick questions the word “balance” in the copyright debate: I’ve long thought that balance is the wrong way to look at it. The…

Creative Commons Attribution-ShareAlike 4.0 International Permalink | Comments (2)

Watch Movie Online The Great Wall (2016) subtitle english

Poster Movie The Great Wall 2016

The Great Wall (2016) HD

Director : Zhang Yimou.
Producer : Jon Jashni, Peter Loehr, Charles Roven, Thomas Tull.
Release : December 16, 2016
Country : China, United States of America.
Production Company : Universal Pictures, Atlas Entertainment, China Film Group, Le Vision Pictures, Legendary Entertainment, Legendary East, Kava Productions.
Language : English, 普通话, Український.
Runtime : 104 min.
Genre : Action, Adventure, Fantasy, Thriller.

Buy Now on Amazon The Great Wall (2016) Full Movie

‘The Great Wall’ is a movie genre Action, was released in December 16, 2016. Zhang Yimou was directed this movie and starring by Matt Damon. This movie tell story about European mercenaries searching for black powder become embroiled in the defense of the Great Wall of China against a horde of monstrous creatures.

Do not miss to Watch movie The Great Wall (2016) Online for free with your family. only 2 step you can Watch or download this movie with high quality video. Come and join us! because very much movie can you watch free streaming.

Watch movie online The Great Wall (2016)

Incoming search term :

Watch The Great Wall 2016 Online Free megashare
The Great Wall 2016 For Free online
The Great Wall 2016 English Full Episodes Free Download
watch full The Great Wall movie
live streaming movie The Great Wall 2016 online
watch The Great Wall movie online now
The Great Wall 2016 English Episodes
The Great Wall 2016 movie download
Watch The Great Wall 2016 Online Free Viooz
The Great Wall 2016 For Free Online
watch movie The Great Wall 2016 now
The Great Wall 2016 Episodes Online
watch The Great Wall 2016 movie now
The Great Wall 2016 Online Free Megashare
The Great Wall 2016 Full Episode
Watch The Great Wall 2016 Online Free
The Great Wall 2016 Watch Online
movie The Great Wall 2016 streaming
streaming The Great Wall
The Great Wall film
Watch The Great Wall 2016 Online Free putlocker
The Great Wall 2016 English Full Episodes Download
The Great Wall 2016 English Full Episodes Watch Online
Watch The Great Wall 2016 Online Putlocker
download full film The Great Wall 2016
Watch The Great Wall 2016 Online Viooz
The Great Wall 2016 English Episodes Free Watch Online
movie The Great Wall download
The Great Wall 2016 Episodes Watch Online
The Great Wall streaming
watch The Great Wall 2016 film online now
download movie The Great Wall
live streaming movie The Great Wall 2016
Watch The Great Wall 2016 Online Megashare
watch full film The Great Wall 2016 online
The Great Wall 2016 HD English Full Episodes Download
The Great Wall film trailer
The Great Wall 2016 Full Episodes Watch Online
The Great Wall 2016 English Full Episodes Online Free Download
watch The Great Wall 2016 film now
The Great Wall 2016 HD Full Episodes Online
The Great Wall 2016 Full Episodes Online
download The Great Wall movie
The Great Wall 2016 live streaming movie
Watch The Great Wall 2016 Online Free Putlocker
The Great Wall 2016 English Episode

Creative Commons Attribution-ShareAlike 4.0 International Permalink | Comments (1)

Canadian Human Rights Tribunal Declares Internet Hate Speech Law Unconstitutional

This post originally appeared on Techdirt.

The Canadian Human Rights Tribunal has refused to enforce a controversial internet hate speech law, claiming that it’s unconstitutional. The tribunal adjudicator, Athanasios Hadjis, expressed worry back in March about the “chilling effects” that Section 13 of the Canada Human Rights Act would have on the internet. In his ruling Wednesday, he decided that the restriction imposed by Section 13 “is not a reasonable limit” within the meaning of the Canadian Charter of Rights and Freedoms, and thus, unconstitutional. Since the tribunal isn’t a real court, it can’t actually strike down the law, so Hadjis just refused to impose any penalty.

Section 13 prohibits the repeated communication of “any matter that is likely to expose a person or persons to hatred or contempt” via telephone or — since 2001 anti-terrorism measures — the internet. The section is quite controversial; neither truth nor intent are a defense, and it’s not part of the criminal code, so it tends to become a vehicle for cases that wouldn’t stand a chance in a real court. Last fall, an independent review commissioned by the Canadian Human Rights Commission itself called for Section 13 to be repealed (an epic whitewash fail), and some politicians have begun to ask for the same. For serious issues, there are other hate speech provisions in the criminal code with real defenses, handled in real courts. Section 13 makes it too easy for someone to be “dragged through the process,” as Hadjis puts it.

Not only is the section controversial, but its application to the web has been clumsy at best. Hadjis said, when applied to speech online, “suddenly, the chilling effect catches not only individuals who set up telephone messages… but just about everyone who posts anything on the internet.” Hadjis notes that telephone hate messages tend to be overt, while opinions on the internet include many borderline cases. Part of the problem is that there are no safe harbors in Canadian law (or “safe harbours,” as we Canadians would call them). Hadjis was concerned that website owners could be charged under Section 13 for user comments on message boards and blog posts. While this particular website owner doesn’t seem like all that nice of a guy (to be charitable…), twisting the law to make a site owner responsible for user posts would have set a terrible precedent. Hadjis, thankfully, had the common sense to avoid that error. Hopefully Section 13 is repealed soon, and other tribunal adjudicators take note of Hadjis’ ruling in the meantime.

Read the comments on Techdirt.

Creative Commons Attribution-ShareAlike 4.0 International Permalink | Post a Comment

Toronto Copyright Townhall: Canadian Record Industry Mobilizes In Panic, Everyone Loses Out

This post originally appeared on Techdirt.

Last Thursday, I attended the Canadian Copyright Consultation Toronto Town Hall (video). Despite the stated intention of soliciting a “breadth of perspectives,” the record industry dominated the event. Michael Geist described it as the “Toronto Music Industry Town Hall” and a local publication called it the “town hall that didn’t invite the town”. Tickets were limited and speakers chosen by lottery, yet half the speakers were from the entertainment industry — collection societies, record labels, industry lawyers. Twice as many industry representatives spoke as artists or creators. There was the odd librarian, student or programmer (and I had a chance to speak), but otherwise the participants seemed so skewed towards the same perspective that one person greeted the audience, “hello, music industry,” and some non-industry (though admittedly not very eloquent) speakers were heckled towards the end. When asked afterwards about the strong music industry presence, the Minister who ran the town hall joked, “I guess they had the night off.” There are lots of questions about the sincerity and efficacy of the consultations (though, also some indication that the government might take the time to try and get things right), but what was most disappointing, albeit least surprising, was what the entertainment industry actually had to say.

Most industry speakers presented emotional pleas, with little in the way of serious suggestions. They focused on a “right to get paid” and “fair compensation” (without talk of providing a reason to buy), while Canada was portrayed as a “lawless society,” rampant with property “theft” and hostile to “legitimate” business (despite evidence to the contrary). A writer stunningly declared that “[more flexible] fair dealing would be a disaster for creators,” while SOCAN claimed that adding “unwarranted” fair dealing provisions would be asking creators “work for nothing” (even though flexible fair dealing would be a lot like fair use in the US — hardly a disaster). The President of Warner Music Canada talked about disappearing jobs, and many industry employees painted a dire picture of colleagues and artists struggling to make ends meet (with little mention of any success stories). Yet, when the occasional concrete recommendation was made, it was to implement a notice-and-takedown system (ripe for abuse), extend the “you must be a criminal” tax blank media levy to digital audio players (an idea that’s been struck down twice), or enshrine an inducement doctrine into law — extreme measures which have provided little solace to failing businesses elsewhere.

It wasn’t argument. It was the language of moral panics.

The Canadian record industry was demanding to be lied to, to be told that more restrictive copyright laws will save their business. Though fewer and fewer people can convincingly tell the lie, they seemed perfectly capable of convincing each other that restrictive copyright legislation might somehow stop the market from changing (even with a decade of hindsight on the DMCA). It’s tragic, because hard working people who love music and love working for artists are losing their jobs, but the industry continues to block the sort of innovations that could provide it with a way forward. A lawyer described the music industry as a “copyright industry,” even though most artists and companies who are figuring out how to make money in the digital economy are successful despite copyright — not because of it.download movie The Intern now

Artist voices were few (nevermind consumer voices), which is disappointing because many Canadian creator groups are adopting more forward thinking approaches, proposing solutions that don’t involve criminalizing common consumer behaviour. Now… most creators echoed the industry in supporting the levy and its expansion to digital audio players and even ISPs, and some asked for new royalties and more collective licensing, but that’s much better than demanding stricter laws and enforcement mechanisms. The problem remains though, that although collective licensing may be a move in the right direction, short-term revenue from additional royalties and levies also increases barriers to innovation, making it harder for new sustainable long-term business models to emerge. Artists and creators need to find a way to earn money that’s based on a solid economic ground, instead of depending on levies that can quickly become absurd. That’s where the record industry should be able to help them out.

Artists and creators need to be able to experiment with new business models, but the copyright crutch gets in the way. They turn to levies and licensing because they can’t imagine how else to make money, but successes have been outside of the copyright system. Canada needs innovative companies to help artists and creators find digital business models, not to chase fictive legislative solutions. If the Canadian record industry isn’t willing to help creators with what’s next, they need to clear out of the way.

Read the comments on Techdirt.

This post originally appeared on Techdirt. Last Thursday, I attended the Canadian Copyright Consultation Toronto Town Hall (video). Despite the stated intention of soliciting a “breadth of perspectives,” the record…

Creative Commons Attribution-ShareAlike 4.0 International Permalink | Post a Comment

My Comments at the Copyright Consultation Toronto Town Hall

Thursday night, I had a chance to speak at the government’s Copyright Consultation Toronto Townhall. I’ll post more detailed thoughts shortly, but in the meantime, Nick Dynice was kind enough to upload a video of my comments to YouTube.

I wasn’t expecting a chance to speak and hadn’t prepared much, but my name came up in the lottery in the last half hour or so. I’m not particularly happy with how I spoke — some parts felt awkward, and I had to cut other points due to time — but I’m glad could provide a different perspective compared to the ~80% of speakers who were folks from the music industry arguing for some combination of locks, levies and legislative responses to their business model problems.

Creative Commons Attribution-ShareAlike 4.0 International Permalink | Comments (4)