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Introduction to the Canada DMCA Opponents forum.

From: Russell McOrmond <russell _-at-_>
To: canada-dmca-opponents (at)
Date: Thu, 2 Aug 2001 13:41:54 -0400 (EDT)

  This is an introduction to the materials to be posted at , as well as the mailing list.

  The Government of Canada is launching the process for reforming Canadian
copyright legislation over the years to come. This process has sparked
the creation of this online forum, as well as a number of other forums.

The government process can be read about at:

  Most controversial may be the provisions similar to the USA's Digital
Millennium Copyright Act which not only makes legal the circumvention by
copyright holders of copyright's Fair Use provisions, but also makes the
circumvention of this circumvention a crime.

  To many, this circumvention of fair use is in complete opposition to the
ideals of copyright to create a balance between the privileges that
governments grant to copyright holders on their temporary monopoly on the
intellectual work, and the rights of the users of the materials as well as
the good of society as a whole.

  The purpose of this list is to discuss this process, and to facilitate
discussion between similar-minded people who wish to make submissions, as
well as promote a more balanced reform process.  Subscribe/unsubscribe
instructions are posted at

Note:  This list is a publicly archived list, and messages submitted are
not filtered (beyond basic technical issues such as a rejection of
messages containing file attachments, or messages from unknown authors).
Do not send a message to that are not
intended for public view. This very specifically means that you should
never submit information from others that is not already public, or for
which you have not received permission to submit.

Other lists:

  There are also alternative lists being created.  The first one to be
created was

To subscribe, send a message to:

  This group not only will be discussing responses to the consultation
process, but will also be discussing some of the more general aspects of
those laws commonly lumped together under the phrase "Intellectual
Property".  The name of the list should make obvious the intent of it's

  Note: Some of us do not agree with the use of this phrase:
  and thus will concentrate in discussing the specific legal term such as 
  patents and trademarks, with this specific forum being about
  potential changes to copyright law.

 Russell McOrmond, Internet Consultant: <>
 RMS clarifies Freedom
 Free Sklyarov Oppose DMCA in Canada!

---------- Included text ----------

               Government of Canada - Gouvernement du Canada
               Franšais Contact Us Help Search Canada Site 

                          COPYRIGHT REFORM PROCESS

   With the release of A Framework for Copyright Reform, the Government
   of Canada is launching the process for reforming Canadian copyright
   legislation over the years to come. This document outlines the reform
   process that Industry Canada and the Department of Canadian Heritage
   are undertaking over this government's mandate to address a number of
   key copyright issues. These issues will need to be addressed over the
   next few years to ensure that the Copyright Act remains among the most
   modern and progressive in the world, as promised in the January 2001
   Speech from the Throne.

   As part of the process, the Government will consider issues, consult
   Canadians, and propose legislative amendments, where necessary, in a
   step-by-step manner. Review of the Copyright Act through frequent
   revisions involving manageable packages of issues and narrowly
   focussed bills is consistent with the need to better respond to the
   fast-changing technological and business environment. The anticipated
   result is that issues will be dealt with quickly and efficiently.


   As a first step in the copyright reform process, the Government of
   Canada is also releasing two consultation papers on Internet issues:
   Consultation Paper on Digital Copyright Issues and Consultation Paper
   on the Application of the Copyright Act's Compulsory Retransmission
   Licence to the Internet.

   Industry Canada and the Department of Canadian Heritage are seeking
   comments regarding possible amendments to the Copyright Act with
   respect to the issues described in these two consultation documents.
   Canadians are invited to provide their comments by September 15, 2001.
   Subject to consent, all written submissions received will be posted on
   the two departments' websites. Comments on the submissions received
   should be provided by October 5, 2001. Consultations meetings will be
   held by the two departments later in the fall and policy options would
   be developed, if necessary, by early 2002.

   Consultation Paper on Digital Copyright Issues

   In order for Canada to be an important player in the emerging digital
   economy, the Copyright Act may need to be amended to ensure that it
   continues to be meaningful, clear and balanced. In particular, the
   examination of key digital copyright issues is necessary to fully
   realize the government's priority of promoting the dissemination of
   new and interesting content on-line, for and by Canadians. The
   departments believe it is now an opportune moment to initiate
   consultation with stakeholders on whether the Act should be amended
     * set out a new exclusive right in favour of copyright owners,
       including performers and record producers, to make their works
       available on-line to the public;
     * prevent the circumvention of technologies used to protect
       copyright material; and,
     * prohibit tampering with rights management information.

   Another important issue relates to the circumstances under which
   Internet service providers should be held liable for the transmission
   and storage of copyright material when their facilities are involved.
   At present, the Act does not clearly identify the conditions for
   imposing liability, nor does it explicitly limit such liability. of page not included - please see for full text...

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