Canadian Government Sought U.S. Copyright Blacklisting

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
45,698
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Canadian Government Sought U.S. Copyright Blacklisting


It turns out that Canada is on the U.S. "priority watch list" of countries with runaway piracy problems because the Canadian government asked to be put there.

Remember back in April 2009, when the U.S. added Canada to its Special 301 "priority watch list [http://www.escapistmagazine.com/news/view/91365-Canada-Added-to-U-S-Piracy-Watch-List]" of countries that fail to adequately enforce intellectual property laws? America's neighbor to the north joined nations like Russia, China, India and Thailand on the list, giving the whole thing a whiff of the ridiculous, although Entertainment Software Association CEO Michael Gallagher was happy enough to see its addition to the copyright rogue's gallery. "Canada's weak laws and enforcement practices foster game piracy in the Canadian market and pave the way for unlawful imports into the U.S.," is how he put it at the time.

Most of us in the Great White North who pay attention to this sort of thing assumed it was just a dick move on the part of the U.S. [we assume that about a lot of things, to be honest] but while it was unquestionably a dick move, it turns out that it was actually made somewhat closer to home - by none other than our very own Canadian government.

As discovered by noted copyright crusader Professor Michael Geist, U.S. Embassy cables that were released into the wild by Wikileaks revealed that the Canadian government undertook some pretty shady dealings with regard to its efforts to "update" Canada's copyright laws. In 2006, Maxime Bernier, then the Minister of Industry, suggested to the U.S. Ambassador that updates to Canadian copyright laws could be introduce a copyright reform bill [http://cables.mrkva.eu/cable.php?id=90378] before the end of the year.

But the real sleaze came a couple of years later, when Zoe Addington, the director of policy for then-Industry Minister Tony Clement, told U.S. officials about plans to use a public consultation process [the results of which it later chose to ignore entirely] to "educate consumers and 'sell' the Government view." And that's not the worst of it.

"[Addington] said that if Canada is elevated to the Special 301 Priority Watch List (PWL), it would not hamper - and might even help - the GOC's ability to enact copyright legislation," according to the Wikileaked cable [http://cables.mrkva.eu/cable.php?id=203598].

Sure enough, Canada quickly landed on the Special 301 Priority Watch List, where it remains to this day, sharing space with Algeria, Chile, Pakistan, Venezuela and other notorious copyright violation stations.

For its part, the U.S. government seems somewhat contemptuous of Conservative Party efforts to portray its copyright reforms as "made in Canada." In a separate cable sent in 2007 [http://wikileaks.org/cable/2007/06/07OTTAWA1076.html], an Embassy official wrote, "[Heritage Minister Bev] Oda said somewhat disingenuously that the policy change had been in the works 'for months' and claimed that U.S. pressure -- in the form of studio threats to delay releases of major films in Canada, Canada's designation on the Special 301 list, repeated Embassy approaches, and the May 30 visit of California Governor Arnold Schwarzenegger who personally raised the camcording issue with Prime Minister Harper -- had nothing to do with the Government's decision to move forward with the bill at this time."

The Government of Canada has made numerous efforts in recent years to bring about DMCA-like updates to the country's copyright laws but has thus far been unsuccessful, thanks primarily to the minority governments held by the Conservative Party of Canada since 2006. But with a majority government handed to it in 2011, copyright reforms are expected to be reintroduced soon [http://www.winnipegfreepress.com/canada/breakingnews/long-awaited-copyright-bill-returns-but-top-court-to-wade-in-too-129482508.html] and will likely become law.

via: michaelgeist.ca [http://www2.macleans.ca/2011/09/07/canada-to-u-s-please-blacklist-us/#.TmjgEBE-cl8.twitter]


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sir.rutthed

Stormfather take you!
Nov 10, 2009
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Wow. Sleaze is certainly the right word. Is anyone really surprised though? I mean, something like this had to happening.
 

Sougo

New member
Mar 20, 2010
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Dirty politics is apparently another feature Canada shares with 'Algeria, Chile, Pakistan, Venezuela and other notorious copyright violation stations.'

Getting your own country blacklisted to help pass legislation you support. Thats just low.
 

Lost In The Void

When in doubt, curl up and cry
Aug 27, 2008
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Fucking wonderful; and the worst part is that we fucking did it by giving them a majority government
 

drkchmst

New member
Mar 28, 2010
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I'm more than disgusted. The copyright laws we have in the US are beyond intrusive and annoying. Every one has a right to protect their property to the extent they want so by all means if you want to use DRM and all that use it. Don't make laws you can't enforce though. A law not supported by the people has no chance of success which is why there is so much pirating going on everywhere.
 

Blind Sight

New member
May 16, 2010
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Underhanded actions in Canadian politics don't surprise me. Ever. Our political system is so broke it just breeds corruption.
 

-Dragmire-

King over my mind
Mar 29, 2011
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I didn't vote for them but I new this would happen... I never liked the conservatives... and Harper's a knob.

on a separate note:

California's population - 37,253,956 (2010 census)
In 2011, Statistics Canada projects Canada's population will reach 34.5 million people
How much pull do we really have here when they talk about high percentages of anything to do with population. When comparing the percentage of anything between countries, it's important to know how many people that represents.

Our laws need updating, but we should create it ourselves, not just pirating the laws of our neighbor to the South.
 

emeraldrafael

New member
Jul 17, 2010
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...

Most of us in the Great White North who pay attention to this sort of thing assumed it was just a dick move on the part of the U.S. [we assume that about a lot of things, to be honest] but while it was unquestionably a dick move, it turns out that it was actually made somewhat closer to home - by none other than our very own Canadian government.

...
well what would have been more insulting? The us putting you on the list, or the us chuckling and patting canada's head saying canada doesnt know what it wants or how to make decisions?
 

Jumwa

New member
Jun 21, 2010
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I'm just hoping they try to screw with healthcare before the next election, and thereby get Canadians to smarten up and vote them out of office for the next few decades.

I voted NDP last election, was quite sad to see Harper get his majourity. We'll be paying for that for years to come, well beyond when he finally gets removed. The $200 billion in free money he just gave the banks will be something we'll be paying for with reduced services for many years.
 

4173

New member
Oct 30, 2010
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What is objectionable before the elevation to 301 to encourage new law portion?
 

Formica Archonis

Anonymous Source
Nov 13, 2009
2,312
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-Dragmire- said:
I didn't vote for them but I new this would happen... I never liked the conservatives... and Harper's a knob.
I'm right-leaning but I'd never vote for Harper, and I didn't in this past election. Reminds me too much of a kid I went to school with who pushed me into traffic.

-Dragmire- said:
Our laws need updating, but we should create it ourselves, not just pirating the laws of our neighbor to the South.
Oh, we didn't pirate it, the RIAA was more than willing to give it to us!
 

-Dragmire-

King over my mind
Mar 29, 2011
2,821
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Formica Archonis said:
-Dragmire- said:
I didn't vote for them but I new this would happen... I never liked the conservatives... and Harper's a knob.
I'm right-leaning but I'd never vote for Harper, and I didn't in this past election. Reminds me too much of a kid I went to school with who pushed me into traffic.
The best way I've heard Harper described was a man who stands well on international issues but doesn't know what to do at home.

I thought that description's very apt and even handed.

Formica Archonis said:
-Dragmire- said:
Our laws need updating, but we should create it ourselves, not just pirating the laws of our neighbor to the South.
Oh, we didn't pirate it, the RIAA was more than willing to give it to us!
I think it's pirating even if it's free when we don't give the creator credit for the creation.

Andy Chalk said:
For its part, the U.S. government seems somewhat contemptuous of Conservative Party efforts to portray its copyright reforms as "made in Canada." In a separate cable sent in 2007 [http://wikileaks.org/cable/2007/06/07OTTAWA1076.html], an Embassy official wrote, "[Heritage Minister Bev] Oda said somewhat disingenuously that the policy change had been in the works 'for months' and claimed that U.S. pressure -- in the form of studio threats to delay releases of major films in Canada, Canada's designation on the Special 301 list, repeated Embassy approaches, and the May 30 visit of California Governor Arnold Schwarzenegger who personally raised the camcording issue with Prime Minister Harper -- had nothing to do with the Government's decision to move forward with the bill at this time."
At least that's the feeling I get when reading this.
 

Johnson McGee

New member
Nov 16, 2009
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Jumwa said:
I'm just hoping they try to screw with healthcare before the next election, and thereby get Canadians to smarten up and vote them out of office for the next few decades.

I voted NDP last election, was quite sad to see Harper get his majourity. We'll be paying for that for years to come, well beyond when he finally gets removed. The $200 billion in free money he just gave the banks will be something we'll be paying for with reduced services for many years.
I was really hoping the NDP's momentum would make Layton our next PM but that's not going to happen now.

Now I just hope that the Conservative government keeps its ambition to be re-elected ahead of its ambition to transform Canada into the US's power plant.
 

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
45,698
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I really thought there'd be more outrage over this.

It's hard to accept "made in Canada" copyright reform when it's so obviously just pandering to pressure from the US. I'm all for copyright reform - it's no secret that I'm not a fan of copyright infringement - but not in any form that strips all power from the hands of consumers and hands it directly to big corporations, which is exactly what all previous Conservative efforts to introduce reform have tried to do. There are plenty of freedoms spelled out in all those bills, all of which were trumped by a provision stating that any bypass of "digital locks" is against the law. In other words, all any content producer has to do is include some form of DRM with its product - doesn't matter what, doesn't matter how effective - and it's automatically illegal for anyone to make copies for backups, for listening in the car, for putting on the PC, or anything else. You hear plenty of talk from plenty of agencies about how consumers are protected by these bills, but none of them want to mention the digital lock provision because it renders all other provisions meaningless. It's a mess.

And then to find out it's all basically kowtowing to US interests? Canadians should be absolutely losing their shit over this. I suppose I shouldn't be surprised that they're not; I mean, how can something like this compare to Ice-T unboxing Gears 3, am I right?
 

Baldr

The Noble
Jan 6, 2010
1,739
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US laws are nothing but an exact duplication of the international agreement through the Berne Convention and the WIPO Copyright Treaty. The United States is just strict on enforcement because Intellectual Property is the largest export of the US and huge part of the economy.

And with all this the larger section of Intellectual Property is not in the hands of large corporations. Without these laws, you think large corporation are dicks about enforcement, the corporations could go around and steal whatever they want.
 

Camaranth

New member
Feb 4, 2011
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Wow this is just sickening and to make it worse I'm having trouble finding any reference to this from any of Canada's news outlets. I'm thinking that if more people knew then they certainly would be losing it over this, I know I am. But then again this shit has been going on for a while, it seems the Canadian government can't do anything unless they get approval from Big Brother down south.

I agree that our copyright laws could use an update but they should be OUR laws not "brought in line with the U.S"
 

Mekado

New member
Mar 20, 2009
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So, it's kind of a false flag thing about piracy "The big bad US says our software laws sucks so we need to change them or else..."

Yeah, this is pretty much bullsh*t, our government needs external "threats" to enforce american laws, no thanks...