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 Post subject: To my fellow Canadians
PostPosted: Mon Jun 16, 2008 9:05 am 
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Joined: Mon Feb 16, 2004 7:06 pm
Posts: 309
Location: Toronto
Ye Be Warned!

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PostPosted: Tue Jun 17, 2008 4:14 am 
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Joined: Mon May 24, 2004 10:49 pm
Posts: 112
Location: Calgary, Alberta, Canada
Bill C-61 - An Act to amend the Copyright Act

HTML Index with links to sections of the bill
http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3570473&Language=e&Mode=1

HML version of the entire bill
http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=3570473&file=4

PDF version of the entire bill
http://www2.parl.gc.ca/content/hoc/Bills/392/Government/C-61/C-61_1/C-61_1.PDF

This thing almost looks like the entertainment industry wrote the legislation for the government. They've stuck in everyting they put in the US DMCA, plus all the crap they have tried to pass in the US since the DMCA.

Some highlights:
You can record a Single copy of a TV, radio, or internet broadcast, for later viewing. I wonder if that makes transcoding to a different format illegal? What about re-recording that same program again at a later date? However you may only keep "the recording no longer than necessary in order to listen to or watch the program at a more convenient time." You cannot keep it in a permanent collection. You may not give a copy to someone else.

The "Broadcast Flag" preventing you from recording programs is in here too.

If you possess illegal copies of music, movies or TV programs, you may be liable for a copyright infraction of up to a maximum of $500. (Is that per item, or total?)

If you upload those same copies, you may be liable for a copyright infraction to a maximum of $20,000. Since most of these downloads happen via a peer to peer technology where you are, in essence, both uploading and downloading, can we expect $20,500 fines?

Industry Minister Jim Prentice said, "It seems pretty unlikely somebody is going to start a lawsuit to recover $500." That may be true, but the entertainment industry would consider $20,500 for a bittorrent worth the effort.

All those songs, and pictures on social networking sites, if you don't own the copyright, would fit into that $20,000 category.

It becomes illegal to bypass any DRM to make another copy for playing on a different device. That so called "digital lock" would also apply audio CDs that contain some kind of anti-piracy technology. (Remember the Sony Root Kit!)

The phrasing on bypassing DRM would seem to outlaw use of the so called analogue hole. It might make the Hauppauge HD-PVR illegal in Canada. "The individual, in order to record the program, did not illegally circumvent a technological measure or cause one to be illegally circumvented."

Further paragraphs on DRM really seem to emphasise "sound recordings" with little discussion of Video.

One of the major reasons Canadians haven't suffered from the RIAA type lawsuits, is that the ISP's have refused to reveal contact information linked to IP addresses. The new bill will compel the ISP to release that information. If they fail to turn over your contact information there is a fine of between $5000, and $10,000 per case. They must have six months of logs available should an allegation of illegal activity be made. The ISP will also have to inform you if there is an allegation of illegal activity.


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