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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 |
User-agent: |
Mozilla/5.0 (X11; Linux i686; rv:10.0.2) Gecko/20120216 Thunderbird/10.0.2 |
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