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[d@DCC] Amendments to Bill C-11

From: Russell McOrmond <russell _-at-_ c11.ca>
To: fsfc-discuss (at) gnu.org
Cc: discuss -_at_- list.digital-copyright.ca
Date: Wed, 14 Mar 2012 20:54:53 -0400
References: <CAGUCw==EJ1oi_oQuhPrFVKaSakw6y8VAN+jRE-tPu=xfmjRdoA@mail.gmail.com> <CAJvAQ4KvbWV7uRu3NEa1M1fn+vVmidSxynqJfZDcDe2Z7DsoVA@mail.gmail.com> <20120314211315.GD7655@singpolyma-svelti>

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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