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[d@DCC] Proposed copyright revision will take creativity backwards (fwd)

From: Russell McOrmond <russell _-at-_ flora.ca>
To: General Copyright Discussions <discuss (at) list.digital-copyright.ca>
Date: Thu, 9 Dec 2004 10:29:20 -0500 (EST)

  I sent a similar letter to the following to the ministers and critics
for Heritage and Industry.

  I hope it will inspire others to write letters to the ministers and
their own MP.

-- 
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Have you, your family, your friends (, your enemies) signed the
 Petition to the Canadian Parliament for Users' Rights in Copyright?
 http://digital-copyright.ca/petition/

---------- Forwarded message ----------
Date: Thu, 9 Dec 2004 10:27:39 -0500 (EST)
From: Russell McOrmond <russell@flora.ca>
To: Peterson.J@parl.gc.ca
Cc: Stronach.B@parl.gc.ca, Paquette.P@parl.gc.ca, Julian.P@parl.gc.ca
Subject: Proposed copyright revision will take creativity backwards


To The Hon. Jim Peterson -- Minister of International Trade

Cc: Belinda Stronach -- Conservative International Trade critic,
    Pierre Paquette  -- Bloc Québécois International Trade critic,
    Peter Julian     -- New Democratic International Party Trade critic,


  The narrative you have been hearing internationally at WIPO and other
treaty setting negotiations on copyright and related rights is a simple
one: new technologies have allowed citizens to infringe copyright, content
industries are being mortally harmed, and governments must step in to
protect these industries at all costs or we will see an end of creativity.  
The story is very cut-and-dry, and like an old western movie we know the
good guys are wearing the white hats, and the bad guys are wearing the
black hats.

  The problem is that reality is never as simple as an old western. This
narrative is polished because incumbent content industries have been
making the same claims for every new technology introduced over the last
century. When player pianos, talking machines, and other methods to record
music were invented the sheet music publishing industry of the day claimed
these "pirates" would cause the end of music. When the VCR was introduced
the then president of the Motion Picture Association of America, Jack
Valenti, claimed that "the VCR is to the American film producer and the
American public as the Boston strangler is to the woman home alone".

  Looking back we know for certain that the industry associations of the
day were very wrong. Not only did recorded music not kill music, but it
spawned the very lucrative recording industry that is today the industry
most listened to by parliamentary committees. If the parliaments of the
day listened to the music industry of the day, today's recording industry
would not have been allowed to exist. The same is true of the VCR which
spawned the home theater industry and is responsible for nearly half the
current revenues of the lucrative motion picture industry.

  In all cases I am aware of when modern technologies were allowed to
exist and be independent of control from the incumbent content industries,
creators and other copyright holders benefited considerably. Old business
models may have gone away, but the form of creativity has only ever
advanced.

  There are some things new in the narrative today than a repeat of the
past. The incumbent industry associations have become powerful enough that
they are able to convince politicians of their misleading narrative. In
recent parliamentary Heritage committee meetings, only those interests in
general agreement on the narrative were included. This echoed similarly
biased talks at the international level at WIPO and WSIS, with anyone
disagreeing with the narrative being labeled as "pirates" or worse
derogatory terms. The incumbent industry associations are fighting against
the change that comes with progress, and for the moment they seem to be
winning.

  Please help turn this around. Future Canadian creativity must be allowed
to advance and be protected from control by the past. It is not the place
of the government to pick what business models and industries will be
successful, but this is in fact what the incumbent industries are asking
for when claiming they wish to stop copyright infringement.

Thank you,

  I live and work in Ottawa, and can be available to speak with you and
other policy makers at your convenience.

Russell McOrmond, 305 Southcrest Private, Ottawa, ON K1V 2B7
Phone: (613) 733-5836 Web: http://www.flora.ca/

-- 
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Have you, your family, your friends (, your enemies) signed the
 Petition to the Canadian Parliament for Users' Rights in Copyright?
 http://digital-copyright.ca/petition/
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