MESSAGE
| DATE | 2005-05-02 |
| FROM | Ruben Safir
|
| SUBJECT | Subject: [NYLXS - HANGOUT] DMCA Boarder War
|
U.S. Government Objects to Canadian Copyright Reform Plan
The U.S. Trade Representative has issued its annual report on global
intellectual property protection, known as the Special 301 Report. Once
again, Canada finds itself in good company on the list (a more
interesting list would consist of countries who meet the U.S. standard
for IP protection).
This year's report is most notable for its comment on Canada's copyright
reform plan, announced just last month. The USTR has the following to
say about Canada:
"Canada is being maintained on the Special 301 Watch List in 2005,
and the United States will conduct an out-of-cycle review to monitor
Canada’s progress on IPR issues during the upcoming year. We urge
Canada to ratify and implement the WIPO Internet Treaties as soon as
possible, and to reform its copyright law so that it provides adequate and
effective protection of copyrighted works in the digital environment. The
Canadian court decision finding that making files available for copying
on a peer-to-peer file sharing service cannot give rise to liability
for infringement under existing Canadian copyright law underscores
the need for Canada to join nearly all other developed countries in
implementing the WIPO Internet Treaties. The U.S. copyright industry is
concerned about proposed copyright legislation regarding technological
protection measures and internet service provider (ISP) liability,
which if passed, would appear to be a departure from the requirements
of the WIPO Internet Treaties as well as the international standards
adopted by most OECD countries in the world. The United States urges
Canada to adopt legislation that is consistent with the WIPO Internet
Treaties and is in line with the international standards of most
developed countries. Specifically, we encourage Canada to join the strong
international consensus by adopting copyright legislation that provides
comprehensive protection to copyrighted works in the digital environment,
by outlawing trafficking in devices to circumvent technological protection
measures, and by establishing a “notice-and-takedown†system to
encourage cooperation by ISPs in combating online infringements. It also
is imperative that Canada improve its enforcement system so that it can
stop the extensive trade in counterfeit and pirated products, as well
as curb the amount of transshipped and transiting goods in Canada. The
United States also urges Canada to enact legislation that would provide a
stronger border enforcement system by giving its customs officers greater
authority to seize products suspected of being pirated or counterfeit. We
also encourage greater cooperation between Customs and the Royal Canadian
Mounted Police in enforcement matters, and encourage Canada to provide
additional resources and training to its customs officers and domestic law
enforcement personnel. Canada's border measures continue to be a serious
concern for IP owners. With respect to data protection, we recognize that
Canada has taken positive steps to improve its data protection regime. The
U.S. pharmaceutical industry is concerned about certain aspects of the
proposed regulations. The United States will use the out-of-cycle review
to monitor Canada’s progress in providing an adequate and effective IPR
protection regime that is consistent with its international obligations
and advanced level of economic development, including improved border
enforcement and full implementation of data protection."
What to take away from this? Not surprisingly, Canada's balanced
proposal for copyright reform does not leave the U.S. copyright
industries particularly happy. It isn't just that they want Canada
to implement the WIPO Internet treaties, they want us to implement a
Canadian version of the DMCA. They interestingly question whether the
Canadian plan meets WIPO standards given the exclusion of devices from
our anti-circumvention provisions. I think a plain reading of the WIPO
Internet treaties suggests that it does. Meeting the U.S. standard is,
of course, an entirely different matter.
Further, the U.S. also objects to the proposed notice and notice system
for ISPs. Again, there is no surprise here. Notice and takedown may be
completely ineffective, but it is the U.S. system so presumably they
would like everyone to adopt it.
This represents the first shot across the Canadian bow. If history is
any indicator, the copyright reform plan is going to face an onslaught
of U.S.-backed lobbying for stronger protections in the months ahead.
One side note for those new to these issues -- the references to data
protection do not refer to privacy, which is not a big issue for the
U.S. these days. posted on Fri. Apr. 29/05 05:51:20 AM
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