Canada Is About To Pass Sopa’s Evil Little Brother. Politely.
“I’m a Canadian.
We’re a quiet bunch; prone to enjoying hockey, drinking stronger beer than our friends south of the border, and lovers of fries smothered in cheese curds and gravy.
We also, apparently, have an inferiority complex when it comes to being evil dirt bags, because we’ve decided to pass our very own version of SOPA up here.
Only better*
Meet Bill-C11. Formerly Bill C-32. (I think they thought if they made the number lower people would care less about it?)
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But, as innocuous as it sounds, C-11 does a whole lot that SOPA did with a few extra twists you might not find in the Wikipedia write-up.
Like your PVR? You can’t keep it under C-11.
Like ripping CDs to your iPod? Say bye-bye.
Hey, do you want to be able to unlock your $500 smartphone and take it to a provider less dedicated to violating your wallet? That won’t be allowed either.
Did you get accused of internet piracy but no evidence has been presented and a trial date hasn’t even been set? Under C-11 your ISP will now be forced to terminate your internet access.
And people say that governments can’t be bought.
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There are only 14 days left people. Get active.”
Send a letter to your Member of Parliament now. The letters are prewritten, you just need to click send.
http://www.ccer.ca/letter-wizard-enter/
Come on non-Canadian people, please signal boost this for your Canadian friends.
help us polite canucks please :)
Alright everyone, take a deep breath.
First of all, I want to note that I think everyone should sign the petition. I did. However, I do think that this particular post offers information that is incomplete. There. If you are part of the TL/DR crowd, go sign the petition! If you’d like to be able to argue this, skim for the bold parts!
Like your PVR? You can’t keep it under C-11.
Reproduction for later listening or viewing
29.23 (1) It is not an infringement of copyright for an individual to fix a communication signal, to reproduce a work or sound recording that is being broadcast or to fix or reproduce a performer’s performance that is being broadcast, in order to record a program for the purpose of listening to or viewing it later, if
(a) the individual receives the program legally;
(b) the individual, in order to record the program, did not circumvent, as defined in section 41, a technological protection meas- ure, as defined in that section, or cause one to be circumvented;
(c) the individual makes no more than one recording of the program;
(d) the individual keeps the recording no longer than is reasonably necessary in order to listen to or view the program at a more convenient time;
(e) the individual does not give the recording away; and
(f) the recording is used only for private purposes.
(2) Subsection (1) does not apply if the individual receives the work, performer’s performance or sound recording under an on-demand service.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Docid=5144516&File=51#9
Basically:
You can record items so long as you receive them legally, you watch them in a reasonable time, do not give the recording away and they are not locked from recording by any technological measure*
Like ripping CDs to your iPod? Say bye-bye.
Reproduction for Private Purposes
29.22 (1) It is not an infringement of copyright for an individual to reproduce a work or other subject-matter or any substantial part of a work or other subject-matter if
(a) the copy of the work or other subject-matter from which the reproduction is made is not an infringing copy;
(b) the individual legally obtained the copy of the work or other subject-matter from which the reproduction is made, other than by borrowing it or renting it, and owns or is authorized to use the medium or device on which it is reproduced;
(c) the individual, in order to make the reproduction, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented;
(d) the individual does not give the reproduction away; and
(e) the reproduction is used only for private purposes.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Docid=5144516&File=48#8
Basically:
You can copy the items so long as you own them legally, you do not give it away or sell it and you do not break any technological measures* while doing it. Please note this would be the end of mixed CDs being legal in Canada and I have a lot of friends who kind of like my mixed CDs and will be very disappointed if they no longer receive them as presents (and I will be disappointed because it’s an easy thoughtful gift I have at my fingertips). IF THAT’S NOT WORTH SIGNING THE PETITION I DON’T KNOW WHAT IS.
Hey, do you want to be able to unlock your $500 smartphone and take it to a provider less dedicated to violating your wallet? That won’t be allowed either.
Technological Protection Measure
“technological protection measure” means any effective technology, device or component that, in the ordinary course of its operation,
(a) controls access to a work, to a perform- er’s performance fixed in a sound recording or to a sound recording and whose use is authorized by the copyright owner; or
(b) restricts the doing — with respect to a work, to a performer’s performance fixed in a sound recording or to a sound recording — of any act referred to in section 3, 15 or 18 and any act for which remuneration is payable under section 19.
Basically:
Locking your iPhone to a particular provider is not a copyright, or controlling access to work or a performer’s performance. I can see how this might come up, but I suspect that CRTC and the lawmakers might have something to say to it.
HOWEVER, the fact that basically mega corporations could put locks on their devices, and stop you from ripping CDs (perhaps this is what some of the stuff above refers to? If so, I still feel full context is VERY necessary) even when it is legal, and you are not allowed to circumvent it is very uncool.
Under C-11 your ISP will now be forced to terminate your internet access.
I couldn’t find anything relating to this - now that doesn’t mean it wasn’t there. It’s a bill, I am not a law maker and it might be hidden, but some googling on the internet, only found the suggestion that the Industry is demanding we add SOPA-like language, however, even that reference had to do with blocking websites, not individuals.
* I believe this is the point of the statement, however, I think it’s reactionary to claim it will happen to every single media item and it’s better that full context is provided, particularly when having an argument with your c/Conservative relatives on the subject.
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Now, I want to reiterate, as I said above, that I think the petition should be signed - it’s a problematic bill, I think the fact that adding digital locks would effectively stop what would normally be a legal activity is a bad idea and that rules in this case should favour the performer, the consumer and the corporations in that order. I do not like this bill. That said, I think that the more information everyone has, the more power we have in discussing it, and the more power we have in discussing it, the better we can actively fight it.
Furthermore, there is a point that the market will control this. I think that’s probably accurate. Digital locks won’t sell records. A record company that digitally locks their CDs will, in theory get less sales than a company that does not digitally lock it. That said, when there are monopolies, as there are, the ability to respond to a company like that effectively is small. For example, if you like Metallica, and you cannot get Metallica CDs legally in any way but a digitally locked copy, then the options become very slim. If you want a Metallica CD you either suffer through a copy that limits what you can legally do (even if you could legally do it otherwise) or you break the law. Furthermore, given certain issues we have seen in the US, and issues we have seen in Canada as well, I am not fond of putting our trust entirely in the market. People’s rights should come before major corporations, or the corporations will step all over the people who will have no recourse in the framework of the law.
So again - SIGN the petition. Just - know why you’re signing.
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Apologies for the long post, but SOPA is hitting Canada in the form of Bill-C11
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