Canada More Or Less Admits Its Copyright Reform Plan Is Driven By US, Following DMCA Exemption Rulings

from the why-wait-until-now? dept

Tue, Jul 27th 2010 6:29am — Mike Masnick

With the Librarian of Congress issuing the latest round of DMCA anti-circumvention exemptions, many Canadians who were battling over the proposed anti-circumvention provisions in C-32, the proposed copyright reform bill, noted how the new exceptions were not found in the Canadian proposal. The key issue was the idea, as Canadian politicians (and the entertainment industry) had suggested, that such exceptions might not bring it into compliance with various treaties. However, with the US showing that such exemptions are allowed, apparently Canadian politicians are "reviewing" the rulemaking to see what "implications" there may be for C-32.

While I'm glad that Canadian politicians may be reconsidering their awful digital locks provision, it seems odd that it would take a US rulemaking for them to do so. After all, one of the key talking points by Canadian politicians is that this is a "made in Canada" approach to copyright, rather than being driven by the US. So, why would a US rulemaking matter? While it's good that this rulemaking is in a good direction, the fact that Canada didn't think to include similar exemptions in its copyright law until this rulemaking is more or less a confession that the copyright law was based on US rules and US interests, rather than Canadian interests.

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Filed Under: canada, circumvention, copyright, digital locks, dmca, drm, rule making

22 Comments

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Free Capitalist (profile), 27 Jul 2010 @ 7:09am

301 Special Reasons
So, why would a US rulemaking matter?

Not that it is good policy to follow your neighbors off the cliff, but historically, Canada has, in general, has put effort into open trade relations with the United States.

Putting aside the entertainment industry's world wide government buy out efforts, you probably agree it is likely the politicians are getting pressure to get off the United States' annual Axis of Evil, Bad, Terrorist, IP Pirate, Artist Raping Nations List.
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James Moore, 27 Jul 2010 @ 7:13am

Radical Extremists
The US Library of Congress are a bunch of radical extremists. Everyone should engage them on this issue. (*)

* Everyone except me.
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darryl, 27 Jul 2010 @ 7:15am

Its because any Country wants to be able to work in world markets
Its not about US Vs Canada, after all the US system is basically based on the Europien system, and the Statue of Anne..

For the US to do business with England of any other countries then they can to comply with the laws of the other countries.

So it makes sense for canada or any other country to have similar rules and laws governing their society, it makes it easier for international trade, and also easy to work in other countries.

So if you want to sell your product in the US you have to work by the laws of the US, if you want to sell your product in Canada, then again you have to work within those laws.

So it makes sense that if two countries have essentually the same laws, trade and commerce is easier.

Its not the US that defines copyright law or IP law, and it certainly was not the US that started it.

They used systems established in other countries, with sligh modifications, and canada is doing the same.

Its a good idea, especially if you consider how difficult it is to trade with countries with very different rules and laws.

Again, its all about setting the rule of the game, and ensuring all play by those rules.

Then its simple, if you dont like the rules you dont play the game.

(you dont go and steal their ball, and make up your own game, with no rules).
*If you do that you are not playing the game, your cheating, stealing, copying, and thats why there are laws agaist not playing by the rules.

If you dont like the rules, seek to have them changed, become a politician, or a lawyer.

How often has anarchy achieved the desired results, how many times have governments said, OK, you can break that law now, we give up?

If Governments created stupid rules, and rules that hurt society, they would be voted out, or the rule would not be passed in the first place.

thats why its a majority of those, and their representitives that get to make the rules, because that is what most people want.

Its called Democracy...
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Simon, 27 Jul 2010 @ 7:19am

Re: 301 Special Reasons
You're right, everyone knew they were bowing to pressure from the US, but rather than admit it, they repeatedly claimed that this was an entirely "made in Canada" solution. The fact is that 1000's of Canadians complained, and the government ignored them, but one change in US domestic law, and they go scurrying back to revisit the legislation. The real story here is their hypocrisy has been glaringly revealed.
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btrussell (profile), 27 Jul 2010 @ 7:24am

Stephen Harper told them to "make the US happy" with regards to forming Bill C-32.

By "US" he meant the entertainment industries.
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Gwiz, 27 Jul 2010 @ 7:25am

Re: Its because any Country wants to be able to work in world markets
thats why its a majority of those, and their representitives that get to make the rules, because that is what most people want.

I simply don't believe that anymore - rules are made for those with the most lobbying dollars these days - not the majority of the people as you claim. The system is broken in favor of those with the deepest pockets.

We might have had Democracy at one time - but not so much anymore.
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Simon, 27 Jul 2010 @ 7:26am

Re: Its because any Country wants to be able to work in world markets
darryl, you've completely missed the point of this story.
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btrussell (profile), 27 Jul 2010 @ 7:27am

Re: Its because any Country wants to be able to work in world markets
So copy other nations making it illegal to copy?
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Haywood (profile), 27 Jul 2010 @ 7:29am

Re: Its because any Country wants to be able to work in world markets
"Its called Democracy..."
I'd like to live where you live, unfortunately I'm stuck in reality. In reality politicians are bought and paid for, and citizens are too disorganized to actively protest, let alone affect change. The 2 party system locks out any change, as the candidates are chosen to be a choice between 2 evils. Anarchy did score one big win in getting rid of prohibition, and it is still working on marijuana. Not huge useful victories, but you take what you can get.
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Anonymous Coward, 27 Jul 2010 @ 7:30am

Re: Radical Extremists
Those who believe in 95+ year copy protection lengths are radical extremists.
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Anonymous Coward, 27 Jul 2010 @ 7:35am

Re: Its because any Country wants to be able to work in world markets
"Its called Democracy..."

If this were true copy protection laws wouldn't last 95+ years. I highly doubt that most Americans agree with this nonsense. We don't live in a democracy, we live in a corporate plutocracy.
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Gwiz, 27 Jul 2010 @ 7:35am

Re: cheap abercrombie clothes
Go away spammer.
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Joel (profile), 27 Jul 2010 @ 7:52am

Admitted
Canada admitted it because the people were complaining too much and because it is obvious that they were...Now maybe they will work up some laws and rules of their own.
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jenningsthecat (profile), 27 Jul 2010 @ 7:58am

"it would take a US rulemaking for them to do so"
What needs to be understood here is that, when the US breaks wind, Stephen Harper's head momentarily appears before it burrows back between the cheeks. As long as Harper is in power, Canada will continue to surrender its autonomy to the US, and Canada will continue to be an also-ran when it comes to world policy and perception.

I still call myself a Proud Canadian, but of late my government is doing its damnedest to destroy that pride...
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crade (profile), 27 Jul 2010 @ 7:59am

Re: Its because any Country wants to be able to work in world markets
Unfortunately, the system is set up to allow lobbyists to override the electorate and obtain disproportianate influence, and lobbyists aren't elected so it sort of breaks the system. This is how we get these sort of rules passed. Usually, they are not so much "stupid", but rather tailored to disproportionately benefit a small group at the expense of everyone else. The point when you get the really stupid rules passed and maintained is when the lobbyists make bad decisions.
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NAMELESS.ONE, 27 Jul 2010 @ 8:26am

about markets
they need resources like canada has so if you dont want to allow us to make our own rules we wont sell them to the US oF ASSHOLES and will sell them to the I HATE ACTA india and THE WHO GIVES A FUCK CHINA
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NAMELESS.ONE, 27 Jul 2010 @ 8:28am

@15 harper has no power
he is leading a minority govt barely
and i mean barely
as soon as a real leader of the opposition appears harper is DOOMED TOTALLY

half his own party dont want this c32
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Anonymous Coward, 27 Jul 2010 @ 8:32am

Re: Its because any Country wants to be able to work in world markets
(you dont go and steal their ball, and make up your own game, with no rules).
*If you do that you are not playing the game, your cheating, stealing, copying, and thats why there are laws agaist not playing by the rules.

Like the U.S. did with ACTA right, they got their ball and are trying to make their own game outside an international body to have their way.

So I guess Europe and the U.S. should be punished for not being team players in the global field.
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kyle clements (profile), 27 Jul 2010 @ 11:44am

Re: Admitted
"Canada admitted it because the people were complaining too much and because it is obvious that they were..."

Are you saying The Conservatives listened to the people of Canada? Ha! I haven't LOLed that hard in years.

Have you looked up the results from last years consultations?
6000 vs 60. They ignored the 6000 and listened to the 60.
Or the change to the Census rules. Again, ignoring the people.

The Conservative party has never been about listening to the voices of the people of Canada during my lifetime.
I think they are a bit like Apple, they have a nice shiny exterior that appeals to a lot of people, but deep down, they think that they know best, and the users/voters shall have no say on anything.
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btrussell (profile), 28 Jul 2010 @ 5:59am

Re: Its because any Country wants to be able to work in world markets
"Its not about US Vs Canada, after all the US system is basically based on the Europien system, and the Statue of Anne.."

I thought it was the statue of Liberty?

"If Governments created stupid rules, and rules that hurt society, they would be voted out, or the rule would not be passed in the first place.

thats why its a majority of those, and their representitives that get to make the rules, because that is what most people want.

Its called Democracy..."

I think you are i-overdosing.
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BearGriz72 (profile), 28 Jul 2010 @ 2:10pm

Re: Its because any Country wants to be able to work in world markets
"Hi, I'm Larry. This is my brother Darryl, and this is my other brother Darryl."
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Gene Cavanaugh, 28 Jul 2010 @ 4:09pm

Canada and jailbreaking phones
So if the US military uses an Iraqi camel, it shows the US is under the influence of Iraq in the conduct of the war?

Get real, Mike, it is not a digital world, it is an analog world - picking up something useful from someone else does not mean you are under their domination.
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