Sandwalk: Impending Canadian Copyright Legislation Could Be Disasterous

Saturday, December 08, 2007

Impending Canadian Copyright Legislation Could Be Disasterous

The Government of Canada has served notice that it intends to amend Canadian copyright law to bring it more into line with international standards. The goal has widespread support but the proposed legislation goes too far. The Conservative government is looking at changes that mimic the American Digital Millennium Copyright Act (DMCA) [What Is DMCA and Why Should We Care?].

Industry Minister Jim Prentice (see photo) is the man behind this obnoxious legislation.

A consortium of 92 Canadian Colleges and Universities has issued a statement opposing many of the proposed changes (Association of Universities and Colleges of Canada, AUCC). You can read the entire document at AUCC SUBMISSION TO THE MINISTERS OF INDUSTRY AND CANADIAN HERITAGE CONCERNING COPYRIGHT LAW REFORM.

This is the part that refers to new laws governing internet service providers (ISPs) such as universities and colleges.

One legislative option to address this issue would be to introduce a “notice and notice” system under which an ISP must forward to its user an allegation by a copyright owner that material on the user’s web site infringes copyright. The ISP would be required to take steps to remove the material from the hosted web site only after there has been a finding of infringement by a court and the issuance by the court of a removal order. If an ISP failed to take the steps mandated by the court order, it would be liable for authorizing infringement. This "notice and notice" approach is the existing industry practice of ISPs in Canada and has worked well for both rights holders and for ISPs. The "notice and notice" approach is supported by the Canadian Association of Internet Providers, representing major Canadian ISPs.

An alternative legislative option promoted by some interests would see the introduction of a "notice and takedown" regime similar to the one set out in the Digital Millennium Copyright Act (DMCA) in the U.S. Under this approach, when an ISP is notified by a copyright owner that there is allegedly infringing material on a web site, the ISP must respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. AUCC agrees with the view of the Canadian Association of Internet Providers that this approach has the serious disadvantage of putting ISPs in a "quasi-judicial" role that conflicts with the interests of the users of their services. A “notice and takedown” approach could create incentives for ISPs to take the path of least resistance by removing content without warning or evidence of actual infringement, and thereby harm freedom of expression. This is not a minor matter for universities given that many university faculty members maintain web sites, often related to the university courses that they teach and their research.
AUCC recommendation on the liability of ISPs for infringements by users of their services:

AUCC recommends that the Copyright Act be amended to codify a “notice and notice” system under which an ISP’s obligations would be to forward to its users any allegations of copyright infringement made by a copyright owner. An ISP should not be liable for infringing material that has been posted on a web site by a user of the ISP’s services unless, after a court has ruled that the material is infringing and orders its removal, the ISP fails to comply with the court order within a reasonable time.

This is important legislation that could have a serious impact on the internet in Canada. It's one time when we definitely do not want to copy the Americans as the present government is so fond of doing. People need to pay attention. Contact your Member of Parliament.

Read the links on Canadian Cynic [ Keep Those Cards and Letters Coming] for more information.

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Quotations

The old argument of design in nature, as given by Paley, which formerly seemed to me to be so conclusive, fails, now that the law of natural selection has been discovered. We can no longer argue that, for instance, the beautiful hinge of a bivalve shell must have been made by an intelligent being, like the hinge of a door by man. There seems to be no more design in the variability of organic beings and in the action of natural selection, than in the course which the wind blows.Charles Darwin (c1880)

Although I am fully convinced of the truth of the views given in this volume, I by no means expect to convince experienced naturalists whose minds are stocked with a multitude of facts all viewed, during a long course of years, from a point of view directly opposite to mine. It is so easy to hide our ignorance under such expressions as "plan of creation," "unity of design," etc., and to think that we give an explanation when we only restate a fact. Any one whose disposition leads him to attach more weight to unexplained difficulties than to the explanation of a certain number of facts will certainly reject the theory.

Charles Darwin (1859)

Science reveals where religion conceals. Where religion purports to explain, it actually resorts to tautology. To assert that "God did it" is no more than an admission of ignorance dressed deceitfully as an explanation...

Peter Atkins

Quotations

The world is not inhabited exclusively by fools, and when a subject arouses intense interest, as this one has, something other than semantics is usually at stake. Stephen Jay Gould (1982)
I have championed contingency, and will continue to do so, because its large realm and legitimate claims have been so poorly attended by evolutionary scientists who cannot discern the beat of this different drummer while their brains and ears remain tuned to only the sounds of general theory. Stephen Jay Gould (2002) p.1339
The essence of Darwinism lies in its claim that natural selection creates the fit. Variation is ubiquitous and random in direction. It supplies raw material only. Natural selection directs the course of evolutionary change. Stephen Jay Gould (1977)
Rudyard Kipling asked how the leopard got its spots, the rhino its wrinkled skin. He called his answers "just-so stories." When evolutionists try to explain form and behavior, they also tell just-so stories—and the agent is natural selection. Virtuosity in invention replaces testability as the criterion for acceptance. Stephen Jay Gould (1980)
Since 'change of gene frequencies in populations' is the 'official' definition of evolution, randomness has transgressed Darwin's border and asserted itself as an agent of evolutionary change. Stephen Jay Gould (1983) p.335
The first commandment for all versions of NOMA might be summarized by stating: "Thou shalt not mix the magisteria by claiming that God directly ordains important events in the history of nature by special interference knowable only through revelation and not accessible to science." In common parlance, we refer to such special interference as "miracle"—operationally defined as a unique and temporary suspension of natural law to reorder the facts of nature by divine fiat. Stephen Jay Gould (1999) p.84

Quotations

My own view is that conclusions about the evolution of human behavior should be based on research at least as rigorous as that used in studying nonhuman animals. And if you read the animal behavior journals, you'll see that this requirement sets the bar pretty high, so that many assertions about evolutionary psychology sink without a trace.

Jerry Coyne
Why Evolution Is True

I once made the remark that two things disappeared in 1990: one was communism, the other was biochemistry and that only one of them should be allowed to come back.

Sydney Brenner
TIBS Dec. 2000

It is naïve to think that if a species' environment changes the species must adapt or else become extinct.... Just as a changed environment need not set in motion selection for new adaptations, new adaptations may evolve in an unchanging environment if new mutations arise that are superior to any pre-existing variations

Douglas Futuyma

One of the most frightening things in the Western world, and in this country in particular, is the number of people who believe in things that are scientifically false. If someone tells me that the earth is less than 10,000 years old, in my opinion he should see a psychiatrist.

Francis Crick

There will be no difficulty in computers being adapted to biology. There will be luddites. But they will be buried.

Sydney Brenner

An atheist before Darwin could have said, following Hume: 'I have no explanation for complex biological design. All I know is that God isn't a good explanation, so we must wait and hope that somebody comes up with a better one.' I can't help feeling that such a position, though logically sound, would have left one feeling pretty unsatisfied, and that although atheism might have been logically tenable before Darwin, Darwin made it possible to be an intellectually fulfilled atheist

Richard Dawkins

Another curious aspect of the theory of evolution is that everybody thinks he understand it. I mean philosophers, social scientists, and so on. While in fact very few people understand it, actually as it stands, even as it stood when Darwin expressed it, and even less as we now may be able to understand it in biology.

Jacques Monod

The false view of evolution as a process of global optimizing has been applied literally by engineers who, taken in by a mistaken metaphor, have attempted to find globally optimal solutions to design problems by writing programs that model evolution by natural selection.

Richard Lewontin

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Saturday, December 08, 2007

Impending Canadian Copyright Legislation Could Be Disasterous

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