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Posted by bulshoy Promoted 85 days 17 hours ago 2948 views
editorial
Technology / P2P
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61 comments
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It's finally been tabled, and it's downright idiotic. Luckily it might not survive the parliamentary summer break.
Canadians have been gloating for a long time now. They repeated state, in forums and comments, that downloading is not illegal in Canada – only uploading and sharing copyrighted material will get you in trouble. Yesterday, the Conservatives unveiled their updated version of the copyright act. Here's what you need to know.
1. Downloading = $500 fine
The legislation tries to take the bulls-eye off of downloaders. Under the new legislation, the maximum fine for downloading copyrighted material is $500. Also, the maximum in damages that can be awarded to a copyright holder in a civil suit is $500. That means no more grandmothers slapped with $10000000 lawsuits because their granddaughter downloaded an illegal copy of “Hit Me Baby One More Time.”
2. Uploading = $20000
People who upload copyrighted material, or people who hack DRM could face a fine up to $20000. Similarly, no judge can award more than $20000 in damages to a copyright holder in a civil suit against an uploader or DRM hacker.
3. ISPs Are Not Liable
The legislation calls on ISPs to discourage illegal activity online, but they will not be held responsible for the actions of their users. If a complaint is launched by a copyright holder, the ISP is required to inform subscribers. They also have to track user contact information for 6 months after such a complaint is launched. ISPs are not happy about that, and neither are consumers.
4. Back-Up Copies OK
A consumer will not be penalized in any way for making a digital copy of a DVD or CD that they own for the purpose of watching or listening on their PC or mobile device. It is also OK to record television shows using a PC or digital recorder for the purpose of watching at a later date.
5. Don't Take Your Ipod to the US
This is the part that is causing such a public outcry. Canadians crossing the US border with a digital music player or laptop are subject to search and seizure. Border guards can peruse your device or laptop for illegally obtained copyrighted material without cause. They may also seize a device suspected of containing illegally obtained copyrighted material.
This is stupid for so many reasons. How the fuck would they know how you obtained the music on your device? How do they know whether you have those CDs at home or not? Are they going to search your house too? Do you want border guards going through your iPod or laptop every time you cross the border? Is this idiotic shit even enforceable?
People are questioning this legislation. Whose interests are being served here, Canadians, or American corporations? Shouldn't our elected officials draft legislation with Canadians in mind? I guess I don't need to mention that this legislation was drafted in response to immense pressure, not by Canadian artists, but by American corporations and lobby groups representing American interests. They wanted Canada to adopt something close to the Digital Millennium Copyright Act in the US.
This new legislation is causing a huge uproar, both in public forums and in parliament itself. The bill is encountering fierce criticism from artists, regular Canadians, and the opposition parties. Because of this, it is expected that the bill will be left to die after the parliamentary summer break. The opposition plans to endlessly delay it, or outright refuse to let it pass. Similarly, if I know the Senate, should the bill ever get beyond parliament the upper house will sit on it and sit on it until the end of time (or at least until the end of the Conservative government).
To make a long story short, there is almost no chance that this new legislation will become law, so don't worry about it. Still, it's only a matter of time until the current copyright law is overhauled. The Copyright Act was last changed in 1997 – waaay before the first iPod. Let's just hope the Liberals (or whoever governs next) come up with something a bit better.
