
I’ve written about copyright several times before. Now I write more.
The Harper Government, now in a substantially more powerful majority position in the House of Commons, are poised to reintroduce the copyright legislation that died on the table last May. According to Michael Geist, the Canada Research Chair in Internet and E-Commerce Law, the bill will be introduced in the exact same form it was left in before the election.
This is a problem.
To be fair, the most recent incarnation of the Conservative’s copyright reform has been, by far, the most balanced we’ve seen out of that government. They’ve tried before, several times, to introduce copyright reform legislation and always met with an enormous backlash of public opinion. After the latest bill was introduced Industry Minister Tony Clement made a concerted and very public effort to consult with groups that had expressed concern and hear them out. He heard them out and it seemed that he was really listening, but then the election was called, the writ dropped, and the bill met an untimely death.
The problem with the bill being reintroduced in the form it was last left in is that there were glaring—enormous(!)—issues with that bill. Through concerted consultation Mr. Clement discovered these issues. But this time around, according to the Harper Government, no consultations will be made.
In other words, they know the bill is broken, their previous consultations told them so, but they aren’t fixing a thing. Not a thing. Nothing changed or reworded or rejigged after all those consultations. Which really makes you wonder if it wasn’t all just window dressing from a government that, as a minority, really didn’t have a choice. They acted to appease; when push comes to shove, they don’t have to act anymore.
So the bill is broken. While it’s protections are, for the most part, fair and reasonable, the “digital locks” provision which has been in the legislation since the beginning is a fatal flaw.
To put it simply, despite any protections and provisions for consumers that exist in the law, if a piece of media is protected by a so-called digital lock, all consumer rights are null and void.
However, it gets much worse. In the midst of the Conservative’s last push for copyright reform cables released by Wikileaks reveal that the Harper Government actually lobbied to be put on a U.S. copyright watch list. Yes, if you can believe that. The Harper Government actually requested that we be put on an American copyright watch list—a list of prolific copyright violaters—that includes countries like China and Russia. We are on that list, at the request of the Harper Government, under the assumption that public pressure from the Americans would perhaps help pass the legislation through to law. Our government, lobbying a foreign government, to put pressure on our citizens. It seems pretty unreal.
So, there is a lot to worry about. We have a bad bill coming down the pipe. One that was introduced before, protested against strongly, and despite consultation was not amended in any form. And we have a government that, if the cables indicate anything, will do whatever it takes to push through this reform into law. For what it’s worth, both the Liberals and the New Democrats were opposed to the legislation the last time around. There’s also an enormous, well-organized protest movement that mobilized in the past and remains very active and energized. So, if nothing else, we can at least hope that the passage of this bill won’t exactly go quietly.