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[fsfc-discuss] Amendments to Bill C-11


From: Russell McOrmond
Subject: [fsfc-discuss] Amendments to Bill C-11
Date: Wed, 14 Mar 2012 20:54:53 -0400
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On 12-03-14 05:13 PM, Stephen Paul Weber wrote:
The reverse engineering for compatability and encryption research are very
much there.  I know the others were discussed in comittee, but do not have
on hand exactly which ones they passed.  He was there, though, so I expect
these are indeed the set of (all of) the exceptions.


Some notes from Monday and Tuesday. All 8 government amendments of course passed, all NDP and Liberal amendments were defeated. Given everyone knew the pattern the clause-by-clause went very quickly. While the opposition put their opinions on the record with tabling amendments and speaking to them, and there was a demand for a recorded division for the various amendments they tabled to try to tie TPMs to copyright, anything not tabled by the Conservatives was defeated by their majority.

My quick summary of the government amendments are:

G-1 amends clause 12, clarifying that if a country is part of multiple treaties that they don't get multiple royalty payments.

G-2 amends clause 18, the enabler provision, to remove the language around "designed primarily to enable acts" and replace with "person, by means of the Internet or another digital network, to provide a service primarily for the purpose of enabling acts of copyright infringement"

G-3 amends clause 22, reproduction for private purposes and "reproductin for later listening or viewing" to clarify as being only for *the individual's* private purposes.

G-4 amends clause 31 to further limit interoperability of computer programs, encryption research and security. (Full amendment posted in earlier message).

G-5 amends clause 35 clarifies ISP liability using language such as: "specified in a manner consistent with industry practice", and "does not interfere with the use of technology that is lawful and consistent with industry practice in order to obtain data on the use of the work or other subject-matter"

G-6 amends clause 37 relates to institutional exceptions serving those with "a print disability" to limit the "work available in country" section such that only an injunction (and not statutory damages) if the institution acted in good faith as to which country an author/etc was from.

G-7 amends clause 46, deals with statutory damages, ensuring there are statutory damages against so-called so-called "enablers" defined under 27(2.3).

G-8 amends clause 47, the largest clause in the bill, but only parts relating to ISPs and search engines.


Bill will be re-printed, so the modified text of the bill should be available via http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Language=E&Mode=1&billId=5134851 soon.

The text of the amendments are embedded within the minutes for the Monday and Tuesday meetings. If someone wants to extract them and convert into unified context diff format, that might be interesting and useful :-)

http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=5457960&Language=E&Mode=1&Parl=41&Ses=1

http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=5457525&Language=E&Mode=1&Parl=41&Ses=1


--
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
 Please help us tell the Canadian Parliament to protect our property
 rights as owners of Information Technology. Sign the petition!
 http://l.c11.ca/ict

 "The government, lobbied by legacy copyright holders and hardware
  manufacturers, can pry my camcorder, computer, home theatre, or
  portable media player from my cold dead hands!" http://c11.ca/own



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