Digital Copyright Canada

Lemley, Mark A., "Property, Intellectual Property, and Free Riding" (August 2004). Stanford Law and Economics Olin Working Paper No. 291.

http://ssrn.com/abstract=582602

Abstract:

Courts and scholars have increasingly assumed that intellectual property is a form of property, and have applied the economic insights of Harold Demsetz and other property theorists to condemn the use of intellectual property by others as free riding. In this article, I argue that this represents a fundamental misapplication of the economic theory of property.

How to fight software patents - singly and together

By: Richard M. Stallman

Software patents are the software project equivalent of land mines: Each design decision carries a risk of stepping on a patent, which can destroy your project.

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However, fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria.

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Every software patent is harmful, and every software patent unjustly restricts how you use your computer, but not every software patent is legally invalid according to the patent system's criteria.

This article is published in Canadian New Media, Volume 7, Issue 16, under "Newsmakers".

Why creators should oppose DRM

By Russell McOrmond

One of the most controversial aspects of recent copyright reform worldwide has been the proposed prohibition on the circumvention of digital rights management (DRM). This proposal is part of the World Intellectual Property Organization (WIPO) copyright treaties that specific members of the Canadian Parliament wish to ratify soon.

DRM is controversial. It can be used by copyright holders to restrict activities which are not restricted in copyright law, effectively allowing DRM software to replace legislation as the authority on what can or cannot be done with a work. DRM can also be abused by copyright infringers to hide their infringement, and can be used by media companies to create or extend harmful monopolies.

iCommons Canada Launch Party.

Announcement in PDF format for printing (PDF readers)

Please join us on the evening of Thursday September 30, 2004 for the official launch of the Canadian version of the Creative Commons (cc-ca) licences for digital artworks. The licence was ported for use in Canada by the Canadian Internet Policy and Public Interest Clinic (CIPPIC) in collaboration with the Law & Technology Program at the University of Ottawa's Faculty of Law.

Emerson's strong backbone will be tested in the months ahead as he faces unrelenting U.S. pressure on two initiatives that would, if adopted, provide broadcasters with unprecedented control over television signals and severely curtail consumers' expectations with regard to their rights and personal privacy.

Read full article by Michael Geist in the Toronto Star.

The US based Center for Strategic and International Studies (CSIS) has created a document listing the open source policies in various governments (Federa, State/Province, Municipal).

Read the document (PDF Viewers)

Read more about Open Source software on CSIS website.

"The Internet and the Law - A Global Conversation" will be held at the University of Ottawa on Friday, October 1st and Saturday, October 2nd, 2004. Bringing together leading academics from 16 countries, including Lawrence Lessig, David Post, Bernt Hugenholtz, Graham Greenleaf, and Ian Walden, the conference will explore comparative approaches to intellectual property law, e-commerce, Internet regulation, and developmental issues.

Full Announcement and conference information...

The UN's International Open Source Network (IOSN) helped promote the first annual Software Freedom Day on 28 August, giving out CDs and booklets about the technology.

See full article on BBC News...


See past articles on the IOSN guide and Software Freedom Day.

As anyone following the online music debate knows, the recording industry regularly blames teenagers for the popularity of peer-to-peer file sharing. The Canadian Recording Industry Association has often cited the need for "education" so that teenagers might buy into its vision of copyright law.

The success of the ringtone market, which undoubtedly owes much to those same teenagers, contradicts that claim, illustrating not only that teens are willing to pay for digital music, but that they are willing to overpay for such music.

Read full article in the Toronto Star...

BBC (British Broadcasting Corporation) is working on an Open Source video codec. Many video codecs are proprietary, and this has been one of the limitations people observe when trying to operate with a completely free/libre computing platform.

The BBC seems to be doing quite a few publicly-minded projects, including their Creative Archive which will include content under Creative Commons licenses.

Canadians should ask: where is the CBC in this movement? (Hint: CBC download references a large number of proprietary vendors, including referencing proprietary codecs from RealNetworks and Apple for audio/video)