Copyright/left – This Magazine https://this.org Progressive politics, ideas & culture Wed, 30 Mar 2011 14:10:19 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.4 https://this.org/wp-content/uploads/2017/09/cropped-Screen-Shot-2017-08-31-at-12.28.11-PM-32x32.png Copyright/left – This Magazine https://this.org 32 32 Here's what will happen to 5 bills that died when the election was called https://this.org/2011/03/30/killed-bills/ Wed, 30 Mar 2011 14:10:19 +0000 http://this.org/?p=6034 We profile five legislative initiatives that died on the docket—and find out which of them will be re-attempted after the election

Killed bills

Compiled by Dylan C. Robertson & Victoria Salvas

This election means death. Not only have Ottawa scrums, filibusters, and drawn-out committees been killed, pieces of legislation making their way through parliament have all met a harsh end as politicians take to the campaign trail.

Before a bill becomes law, it is introduced in either the House of Commons or the Senate. Subsequently the bill goes through readings where it is introduced, given a number code and debated. It can be read again, amended then passed, from the House to the Senate but only becomes law if it is given Royal Assent by the Governor General.

But bills are stopped in their tracks when an election is called. We tracked down the people who pioneered five of the most important bills that died on the order paper when the writ dropped. We asked what they thought of the abrupt death of their projects and if they’ll attempt rebooting them.

While government bills (titled C- with a number under 201) can be reintroduced at an advanced phase with the consent of the House, private members’s bills and motions are entered in a lottery to determine their Order of Precedence, meaning the order in which they can be re-introduced. Only 30 members per session have their motions considered, although the list is replenished if all motions are dealt with.

Here’s a look at the five bills that may or may not rise again:

1. Cheaper HIV Drugs:

Bill C-393, An Act to amend the Patent Act (drugs for international humanitarian purposes), was introduced by then NDP MP Judy Wasylycia-Leis in May 2009. After she left to run for mayor of Winnipeg, the bill was adopted by another NDP MP, Paul Dewar.

The bill, which came to be known as “the AIDS drug bill” would’ve allowed generic drug makers to supply their products to developing countries, so they could fight diseases like tuberculosis and malaria, and help the world’s 15 million AIDS victims. Apotex Inc. had promised to make much-needed antiretrovirals for children, should the legislaiton pass. The bill, which was passed earlier this month by the House of Commons, was sabotaged by its review committee and then by the Conservatives’s attempt to effectively whip the senate, feeling it would hinder Big Pharma.

“It’s pretty outrageous,” said Richard Elliott, executive director of the Canadian HIV/AIDS Legal Network. “This bill had a lot of potential, and we pushed really hard to get it to pass. We had a lot of support from MPs in all parties.”

Dewar said he plans to reintroduce the bill. “We have to abolish the senate though, first,” he laughed. “That’s my plan. Well I’m just joking… but not really.” Dewar noted the bill was lucky to be successfully transferred after Wasylycia-Leis’s leave, as it is not an automatic process. “It was revived when actual co-operation broke out in the House of Commons,” he said. “Through unanimous consent, I was able to pick the bill up. “I’m ready, able, and willing to carry it forward after the election,” said Dewar, who hopes it ranks high in the order or precedence. “There’s so much public support for it. I don’t think they could get away with this again.”

2. Civilizing parliament:

Private Member’s Motion M-517 proposed a reform of Question Period. Conservative MP Michael Chong’s pet project aimed to civilize parliament’s most savage — and ironically unproductive — 45 minutes each sitting day.

The motion sought to strengthen how much discipline a speaker can give, lengthen the alloted time for each question and answer, and aimed at “examining the convention that the minister questioned need not respond.”

“Parliament needs to be reformed and I think the reform of parliament should begin with the reform of Question Period,” said Chong. If passed, the motion would have also stipulated who should be asked questions, most notably dedicating Wednesday exclusively for questions to the Prime Minister, and requiring ministers be present for two of the other four days. Chong noted that he was listed in the Order of Precedence for the first time in six years, and said he would re-table his motion in the rare chance he was listed for the next session. “I’m disappointed that the committee didn’t have a chance to deal with it before the election.”

Chong explained that while many members add motions and bills to the order paper solely to generate publicity for an issue, he fully intends to enact this reform. “I’ll continue to work on this issue through whatever mechanisms are available to me after the election,” said Chong. “Because this problem isn’t going away and I think Canadians want it to be addressed.”

3. Protecting trans rights:

Bill C-389, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression), was a private member’s bill sponsored by NDP MP Bill Siksay. Introduced in early 2009, the legislation would have make it illegal to discriminate based on gender identity, and aimed to protect transgender individuals by amending the Human Rights Act.

These amendments would have also been made to the Criminal Code, rendering these acts of discrimination hate crimes. The House passed the bill in February, against Stephen Harper’s wishes. However, the fact that it received “unanimous support from the Bloc, several Conservatives, and the Liberals bodes well for the next parliament” says Siksay. The MP is confident in the future of the bill; passing it again will demonstrate the governments’ “commitment to human rights.”

4. Improving First Nations’ water:

Bill S-11 Safe Drinking Water for First Nations Act, was introduced in May 2010 and would have developed federal regulations for governing water provision, disposal and quality standards in First Nations communities.

An issue that has received much attention recently is the issue of providing First Nations reserves with safe drinking water. An assessment from 2001-2001 found that three quarters of the drinking water systems in First Nations communities were at risk.

Despite the dire situation on many reserves, many First Nations leaders criticized the bill, feeling they were left out of the creating of the legislation and not offered funding to get it off the ground. The Assembly of First Nations felt that the bill presented lofty goals but sparse plans for financial investment and support, which in the long run, could leave reserves in worse condition.

5. Copyright reform:

Bill C-32, An Act to amend the Copyright Act, was the third attempt at copyright reform killed by an election call, dragging on a 14-year effort.

The bill sparked controversy for attempting to criminalize the use and promotion of software that circumvents digital locks, generating high-profile criticism, a minister’s comment that critics were “radical extremists,” and an indutry-led astroturfing campaign. But the bill also aimed at tackling online piracy, and making it legal to transfer music from CDs to iPods.

MP Tony Clement, who introduced the bill as Minister of Industry, told us he plans to reintroduce the bill if re-elected. “It’s just another example of important legislation that has now been discontinued because of the opposition parties passing a motion of non-confidence,” said Clement. “This is a very necessary piece of legislation to help regularize certain habits of consumers and also protect artists from wealth-destroying pirates. “I’m hoping that if we get a majority government, we can actually concentrate on the issues like C-32 and privacy protection and other aspects of the digital economy.”

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Friday FTW: Canadians speak up about copyright https://this.org/2010/04/09/copyright/ Fri, 09 Apr 2010 20:52:58 +0000 http://this.org/?p=4356

Back in July of 2009, the Canadian government launched an eight week public consultation on copyright reform.  Members of the public were invited to let their will be known surrounding issues such as fair use, copyright terms, ISP neutrality and a host of other issues. With over 8,300 respondents in total an astounding 6183 people made it known that they opposed another bill C-61 (a meager 54 respondents favoured the bill)

Bill C-61, of course, was the draconian U.S. DMCA-style copyright reform bill that former Industry Minister Jim Prentice introduced to parliament in June of 2008. The bill was ultimately abandoned when an election was called that fall, but has remained on the periphery since. The Conservatives have attempted to pass copyright reform three times without public consultation, bending to the will of industry lobbyists.

So, finally, the public has spoken and in near unison oppose the claustrophobic sanctions of bill C-61. Canadians, in fact, are a much more generous and trusting population than we could have guessed. The overwhelming majority support stronger fair use/fair dealing protection, shorter copyright terms, and believe individuals should be protected from liability for non-commercial use. Moreover, as popular as lightening copyright restrictions was, the opposite is equally equally true: only 153 respondents favour limiting or halting unauthorized filesharing and only one, one single respondent, supported fining those for copyright violation.

So what does this mean?  Essentially, Canadians are asking for the very opposite of what the government has been trying to pass for years. The question now is whether current Industry Minister Tony Clement is listening.

After the jump, the full results of the questionnaire, courtesy Michael Geist:

Table of results, highlighting the numbers noted above

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Legalization Week continues with rockstars, pirates, lots of lawyers https://this.org/2009/11/10/legalize-music-piracy/ Tue, 10 Nov 2009 16:28:49 +0000 http://this.org/?p=3153

For day two of what we’ve dubbed “Legalization Week” here, Jordan Heath Rawlings writes about a plan from the Songwriters Association of Canada that would throw open the file-sharing doors to every Canadian and find new ways to help musicians make a living from their creativity. It’s just one of many proposals that have been made over the years — including the ones in today’s survey at right — to solve the problem of helping artists make a living in a time when digital music is easy to duplicate at virtually no cost. Cast your vote and let us know what you think!

Jordan writes in today’s piece:

Legalizing file sharing is the musical equivalent of legalizing prostitution: it’s already happening, crackdowns don’t stop it, and there are existing commercial frameworks that would improve working conditions and curtail exploitation.

The only things standing in the way—in both cases—are the taboo (it’s still illegal, after all) and the middlemen, those who stand to lose millions of dollars if the workers are allowed to own the means of production.

Piracy is happening all the time, so the question is how to transform people’s natural behaviour — wanting free stuff — into a plan that builds, instead of erodes, artists’ careers.

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The Commons https://this.org/2009/02/20/the-commons/ Fri, 20 Feb 2009 20:28:13 +0000 http://this.org/blog/2009/02/20/the-commons/ For your Friday viewing pleasure, a meditation on the nature of knowledge and ownership. Enjoy.

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Elect a Tory, kiss net neutrality goodbye https://this.org/2008/09/10/elect-a-tory-kiss-net-neutrality-goodbye/ Wed, 10 Sep 2008 20:11:04 +0000 http://this.org/blog/2008/09/10/elect-a-tory-kiss-net-neutrality-goodbye/ In a statement published on international peer-to-peer news site p2pnet.net, the NDP’s Charlie Angus has brought the net neutrality issue into the federal election campaign. He begins by outlining what he calls the ruling Conservatives’ ignorance toward digital innovation and the recent axing of the New Media Fund. The Harper government falls into line with the pro-free-market U.S. administration when it comes to copyright legislation, he continues, before extolling the virtues of his party as the only one defending Internet freedoms in the House of Commons.

“There are key urban ridings across Canada where the issue of copyright and Net Neutrality could spell the difference in winning or losing the riding,” Angus writes. “This provides a unique opportunity to the arts, education and innovation community to get active and organized. The Conservative party needs to know that the digital community will push back against their corporate agenda.”

Full text of the statement here.

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the self-correcting internet touches down in Iceland https://this.org/2007/05/17/the-self-correcting-internet-touches-down-in-iceland/ Thu, 17 May 2007 21:40:14 +0000 http://this.org/blog/2007/05/17/the-self-correcting-internet-touches-down-in-iceland/ 364687577_3e83bf717c_m.jpg
(photo courtesy Rebekka)
This one’s got everything I love — a copyright fight, great photography, Iceland, some folks behaving badly and genuine contrition. Maybe there is something to this internet thing after all.
Most everyone has by now heard of the talented Rebekka Gudleifsdottir, a Flickr photography star of the highest order. Rebekka’s stunning Icelandic landscapes and moody, broody self-portraits have attracted threes of millions of views on the photo-sharing site. Perhaps inevitably, her Flickr success has also attracted some crappy behaviour.
Long story as short as possible: Rebekka became aware that a company in England was selling copies of her images without her permission. She posted a note about this flagrant copyright violation on Flickr. The posting attracted hundreds of comments and started one of those famous internet tornadoes, with the discussion spreading out into photography and copyright fora the world over.
The plot twist: The infringing company started to receive some nasty messages from outraged Rebekka supporters and, presumably, complained to Flickr. Flickr removed Rebekka’s post and all the comments from their site, apparently worried that their site was being used for harrassment.
The return: Rebekka posted her disappointment about the Flickr removal, and mused about the value of staying on the site. Flickr took a good long look in the mirror, asked itself why it was punishing one of its superstars, and apologized.
Here are some quotes from Stewart Butterfield, a Flickr co-founder (good Canadian boys always apologize):
“… I have a pretty good idea that we screwed up — and for that I take full responsibility (actually, several team members are fighting to take responsibility).
There are several policies which will be changing as a direct result of this incident and the goal is that nothing like this ever happens again. Any errors from now on should be on the side of caution.
It’s important to be clear why the photo was deleted: it had nothing to do with a desire to silence Rebekka from calling attention to the outfit which had reportedly sold copies of her photos without knowledge or permission and without compensating her…
So, to Rebekka: Our apologies. I’m sure you did not intend to bring on the firestorm to the extent it developed, you were not in the wrong and it was our fault to suggest that you were.”
UPDATE: Coverage in the BBC

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corporate copyright complications complete complexity coefficient https://this.org/2007/04/11/corporate-copyright-complications-complete-complexity-coefficient/ Wed, 11 Apr 2007 21:37:38 +0000 http://this.org/blog/2007/04/11/corporate-copyright-complications-complete-complexity-coefficient/ cartleonnlg.jpg
(image courtesy Urban Counterfeiters blog)
Okay, let’s see if I can follow the thread here:
Boing Boing, famous for championing the copyleft reaction to corporate cultural lockdowns such as the well-documented Disney protectionism over the Mickey Mouse image (draw Mickey without pants; enjoy expensive philosophical discussions with Disney lawyers), has recently taken up the cause of independent artists who have their images used “without permission or payment” by corporations.
Boing Boing links to Urban Counterfeiters, a blog seemingly dedicated to outing the retail company Urban Outfitters for unlicensed commercial use of artists’ work. The t-shirt logo shown above has apparently been remade by Urban Outfitters and is being sold without the permission of the original artist, Michael Leon.
Checking out the Michael Leon link provided by Boing Boing, we see the following image of some of his t-shirt designs.
coop2.jpg
(image courtesy commonwealthstacks.com)
Note the Mountain Dew (TM) logo “homage” in the bottom right corner. The Urban Counterfeiters blog also shows a t-shirt design utilizing the famous John Deere deer logo (with the deer producing a musical note fart) on a t-shirt intended to criticize the tractor company for tractors “polluting nature with their toxic farts.” UC criticizes a company called Esprit Sport for using the same concept (moose farts this time).
So, am I getting this right? It’s not cool for a retail corporation to use an image or concept created by someone else for commercial gain, especially if the image or concept uses an image or concept created and owned by a corporation AND is being used by an individual artist for commercial gain?
If only Walt Disney were around to create a simple line drawing of this based on someone else’s simple line drawing. It would probably look like a goofy Arabian genie escaping from a bottle.

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Download for our troops! (?) https://this.org/2006/09/13/download-for-our-troops/ Wed, 13 Sep 2006 19:28:44 +0000 http://this.org/blog/2006/09/13/download-for-our-troops/ 250px-Samizdat.pathfinder.jpg
image courtesy wikipedia
There’s a fantastic event coming up in Toronto at the end of the month. CopyCamp, billed as an unconference for artists about the Internet and the challenge to copyright, looks to bring together working artists and creators from both sides of the current copyright/copyleft debate for open discussions and maybe a bit of a “where are we now?” moment before the Canadian government embarks on the next round of copyright law reform. I’ll be there for part of the conference, asking my usual “and how will the artist be paid?” sort of question, and I anticipate hearing a lot of interesting answers.
Browsing the CopyCamp site, I came across this fascinating post by sci-fi star and Boing Boing editor, Cory Doctorow, in which he relates how American troops stationed on a ship in the Mediterranean have been downloading his books and passing them around below decks. Doctorow provides all of his writing as Creative Commons licensed free downloads on his website, advertises them heavily on Boing Boing, and actually sells a startling number of dead-tree books as a result of this loss leader and viral marketing approach to book selling.
Doctorow insists he sells more books with the free downloading option available to his fans than he would without it, and I believe him, but the jury is still out on whether that success would transfer to other areas of bookselling outside sci-fi (whose natural market dwells on the Internet–somemight even say they are the Internet). Nevertheless, Doctorow’s entrepreneurial model should be intriguing to anyone working in writing and publishing today. I talked my own progressive publisher, Nightwood Editions, into free downloads of portions of my novel, The Uninvited Guest (sample the book for free here). To me, there is no question the benefit of viral Internet marketing on book sales is huge. Discussion on a full-text download of my book continues.
I love the image of American sailors passing loose pages of Doctorow’s stories back and forth, sharing the single copy downloads one of their fellows was smart enough to gather into binders. It reminds me of the banned samizdat texts passed around through networks of friends in the old Soviet bloc (ahem, sort of like what happens in The Uninvited Guest). It fairly reeks of freedom of expression and thought; and I’ll admit to being pleasantly surprised the American military does not engage in active download censorship. Especially gratifying because Doctorow writes some pretty subversive fictions.
But something in the economics of this story is not working for me, and I’d like to unpack it a bit and get some other views. As the sailor relates in a letter to Doctorow, “On a ship underway, there’s no room to keep books — unless they’re the ancient, creaking John Grisham paperbacks in the ship’s library – and no time to get some anyway if you’re scrambling around for the couple days of warning you have…”
Okay, if there’s no room on board for a single copy book of Doctorow’s writing, how is there room for a binder filled with loose sheets of paper, which would be larger than a book? Granted, with the binder approach, more sailors can read Doctorow’s book at the same time by passing loose sheets back and forth, but the same effect could be had by buying a single copy, ripping out the pages and passing them around, as was done often with samizdat texts, many of which were necessarily destroyed in the very act of being read.
As well, if the ship has a library, and the military obviously does not mind its troops reading Doctorow (since they are able to download him using military computers), why don’t the troops simply insist their employers stock Doctorow in the shipboard library, instead of the Grisham they seem to despise?
Whose paper is being used to print the downloads? One would presume it is the American military’s paper. Whose binders? And who has paid for the computer and the (presumably very expensive) high-speed Internet infrastructure that allows Doctorow’s loss leader texts to make it into sailors’ hands. This is all American military spending, is it not? Environmentalists might ask whether or not the sailors are printing their downloads double-sided. The arrangement is fraught with difficult questions not normally addressed in the copyright debate.
As an unrepentant social democrat, liberal and lover of peace, I think I would far prefer the American military buy a large stock of Doctorow’s books and provide them free of charge to their troops (one per ship or camp if space is an issue — liberal lending and borrowing allowed). That way an admittedly miniscule portion of the US military budget would go to something that does not blow up yet has the power to change hearts and minds. Doctorow and his publisher would then also be paid, money would flow through the cultural economy and free downloading could continue unabated on the home front.

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Designer duds: now with fewer duds https://this.org/2006/09/03/designer-duds-now-with-fewer-duds/ Sun, 03 Sep 2006 18:05:06 +0000 http://this.org/blog/2006/09/03/designer-duds-now-with-fewer-duds/ CBC News reports that the fashion industry is not just setting the latest fashion trends but also the latest sensation in anti-counterfeit technology. Your latest Louis Vuitton luxury over-night bag may now come embedded with authenticating synthetic DNA interwoven into it’s fine Italian silk inner lining. The technology makes any Canal Street forgery lacking the DNA undisputably identifiable from the coveted boutique sold original. While this spells a boon for the fashion industry which has struggled to defend its intellectual property for decades, it will undoubtedly exert distressing financial pressure on chavs.

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Captain Copyright! — where is the love? https://this.org/2006/06/07/captain-copyright-where-is-the-love/ Wed, 07 Jun 2006 23:06:02 +0000 http://this.org/blog/2006/06/07/captain-copyright-where-is-the-love/ Access Copyright, the Canadian Copyright Licensing Agency has recently launched a superhero — Captain Copyright — as a tool for teaching basic concepts of copyright to a generation that maybe is not getting a lot of “fun” information on the concept.
The character is silly, dumb, over-the-top and even, dare I say, derivative (in the critical sense). And I love him. I have a Captain Copyright sticker on my laptop… and I had vowed to never put a sticker on my beautiful little computer, but this guy is too great. He is way cooler than Elmer the Safety Elephant. I hope someday he too gets his own flag.
The website offers games, comics, and sometimes bizarre lesson plans for teachers. This stuff is straight out of the duck and cover days of instruction on how to survive a nucular attack.
What’s the reaction to Captain Copyright out there in the broader discussion of copyright? Are folks laughing? Oh bother:
“These materials, targeting kids as young as six years old, misrepresents many issues and proposes classroom activities that are offensive.” — Michael Geist
“They also neglect to mention that Canadians pay a tax on blank media that is meant to compensate artists for downloads.”— Slashdot News for Nerds. Stuff that Matters.
“Also, ironic that most of the elements of his costume are borrowed from elsewhere: Shazam’s arm protector thingees, the Sentry’s belt, and the Spectre’s color scheme.” — Cory Doctorow, Boing Boing
“Captain Copyright is the propaganda cartoon character created by Canada’s Access Copyright agency to “educate kids about copyright, in the most biased, one-sided and intellectually dishonest way imaginable.”” — same as above
I think it is just fine to disagree with Captain Copyright’s message, and I am in no way defending what has been pointed out about the good captain’s criticism-shielding linking policy (which seems a rather unfortunate decision and appears to have been removed), but the tone of this pile-on strikes me as a sad missed opportunity to bring this ongoing argument out of the land of super-charged emotionalism where it seems to really, really want to live for some reason.
Better, much better, are the inevitable parodies of CC. Check it out:
Hey Kids. It’s Captain Copyright

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