msobkow's Journal: Bitch, Whine, And Complain: Bill-C10 legislation ratifying ACTA in Canada

Under Canadian copyright law and over 50 years of precedent cases held by the Supreme Court of Canada, I, as a Canadian, have the RIGHT to preview media. I have the RIGHT to format-shift media I have purchased. I OWN my media, not "license" it.

The US system is dramatically and drastically different, despite the use of the common term "copyright" in reference to the related IP legislation. Canada is a Commonwealth country, and most of our law is based on the UK system heritage, not "starting from scratch" as the US did. I expect MOST Canadian interpretations on copyright and patents would apply ANYWHERE in the Commonwealth.

The US does NOT get to dictate that the rest of the world implement their screwed up IP legislation, no matter how much the media lobbyists cry that the "system is broken."

They cried it was broken in the 1970's when people were granted the right to make cassette copies of LPs in Canada.

They cried it was broken in the 1980's when it was confirmed people could make cassettes for use in portable music players.

They cried it was broken in the 1990's when it was AGAIN confirmed that people can make cassettes from CDs.

Never mind the companion arguments in support of VCR's and PVRs for recording and time-shifting TV movies and shows.

And then the recording industry shot itself in the foot, by ratifying the levy charged on blank media, which effectively put into Canadian law the right to make backups.

The DMCA-style legislation tabled as part of C-11 goes contrary to that 50 year history of Canadians being allowed to back up media they own. This clause MUST be struck for the legislation to be valid.

It would also be a good idea to make clear EXACTLY what the media companies have to submit as PROOF that someone is violating copyright legislation. It's important that such clauses are based on the CANADIAN interpretation of copyright, not the US assumption that their interpretation is going to be acceptable to the planet. Just because we use the same legal term "copyright" does NOT mean we're talking about the same draconian restrictions the US media companies have successfully lobbied for in the United States.

I use my torrents to preview media, as I'm allowed to do at any store in Canada when I slip on a pair of headphones to check out a new CD, or toss a DVD into a player to check it out at the store. All I'm doing is saving myself the hassle of going TO a store to do it. So I'm comfortable that ACTA will not apply to my torrent downloads, but I am VERY concerned about the DMCA-like clauses.

Here are some supporting discussions from experts on Canadian IP legislation (Michael Geist) and international aspects of ACTA (Electronic Frontier Foundation):

Michael Geist: Copyright Is Back: Why Canada is Keeping the Flawed Digital Lock Rules
Micheael Geist: Canada Signs ACTA: What Comes Next
Electronic Frontier Foundation: 2011 in Review: Developments in ACTA