posted by CCER at Fri, May 9th, 2008

As Copyright reform begins to ramp up again in Canada with lobbyists and big business attracting much of the Government’s attention via the one sided Public Policy Forum Symposium and the pro restrictive copyright IP Caucus the public was left to cable television to attain a balanced debate.

The Business News Network (BNN) hosted a lively and spirited debate on Canada’s supposed lax copyright laws. The debate pitted Stevan Mitchell, Vice President of IP Policy at the Entertainment Software Association (The ESA) against colourful copyright scholar, blogger and litigator, Howard Knopf. Howard not only holds his own, but successfully argues that the flawed Made in America DMCA is not welcome here in Canada and Hollywood, Corporate America and American Lobbyists should stay out of Canadian Politics. Stevan Mitchell appears speechless towards then end as his argument begins to lose steam.

The CCER is in agreement with much of Howard’s talking points and would like to that this opportunity to re-iterate its stance:

  1. Any amendments to the Copyright Act must not prohibit the development and manufacturing of circumvention devices and technologies, commercial trade of circumvention devices and technologies, the possession and/or utilization of any device or technology which can circumvent a TPM or DRM for a non-infringing purpose or otherwise lawful activity such as fair dealing, interoperability, time and format shifting. 
  2. CCER opposes the proposed “notice and takedown” system in favour of the “notice and notice” system whereby a legal safe harbour for Internet intermediaries is established. Canadian copyright reforms must not permit ISP’s to act as ‘copyright cops’ at the discretion of supposed copyright holders and special interests.
  3. The Copyright Act should be amended to bring the backup copy provision into the 21st century by expanding the right to make an archival backup copy to all digital consumer products regardless of format or media.

Howard Knopf far better speaks on behalf of Canadians than US interests when it comes to updating Canada’s Copyright Act. One can only hope that this was simply the starting point for Canadians to voice their opinions. These US interests have had the Government’s ear for long enough, it’s time for Canadians to help craft a Made In Canada Copyright Act.

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