What's Bill C32 you ask? Why it's the new copyright reform bill from the Harper conservatives. Canada needs to modernize its copyright legislation and C32 purports to do just that. Harper's conservatives have toiled long into the night, asking for advice from U.S. special interest groups and, of course, the RIAA (Recording Industry Association of America) along with the U.S. ambassador to Canada. I wonder too, what the U.S. ambassador knows about copyright or the needs of Canadians. Ask Harper, he knows the answer to that one.
The last time copyright reform was tried (2008), it died a merciful death because of the election. That bill was deeply flawed and garnered a response from across the country the Harper conservatives did not expect. Bill C32, though, was expected to take into account the concerns of consumers but after much discussion, deliberation, and even online public forums last summer, consumers were ignored and the Harper conservatives went forward with drafting Bill C32.
On the surface, Bill C32 looks impressive. Whereas it is presently illegal in Canada to record TV shows (seriously), Bill C32 allows for PVRs and time-shifting (time-shifting is when you record a show on Monday and watch it on Wednesday). It allows for format shifting. This is when you take the CD you just bought and rip it to your iPod. Awesome you say? Maybe not. It also allows consumers to make backup copies of CDs, DVDs, and software they own. Swell. And it allows for satire, parody, education uses, research, and library archiving. Again, swell, right?
Well, with all the new stuff we Canadians will be able to do with our music and DVDs, we should be rejoicing. Now Canada will be as modern and forward-thinking as the U.S. We sure are lucky. Yet, when the veil of misinformation is lifted, the ugly truth is revealed.
Sure, Bill C32 allows for all of the things listed above, but there is a fly in the ointment and it's known as TPMs or Technological Protection Measures. More commonly TPMs are referred to as DRM (digital rights management) or digital locks.
Try to wrap your head around this one. Backup copies, time-shifting, format shifting, all looked after. Yes we can finally legally make backup copies of software, music, and video; yes we can watch Glee three days after it airs; yes you can rip your newly purchased CD into the portable music device of your choice. BUT (and this is a big but), if there is a digital lock it will be illegal to break the lock or to own software that will break the lock. In other words, all of the provisions allowed in Bill C32 are moot if there is a digital lock. And a lot of media (DVDs, CDs, software, etc.) have digital locks. Even some TV shows have them, they're called broadcast flags and if a show is "flagged" you can't record it.
Michael Geist, law professor and Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, gives a succinct analysis of the consumer rights portion of Bill C32. It's worth a read. Also, major newspapers across the country have published op-eds regarding Bill C32. Two of them are here and here. There is also an excellent website called Speak Out On Copyright that has a lot of useful information. As well, Prof. Geist has started a Facebook page Fair Copyright For Canada. Please join the group.
The general consensus is that Bill C32, while "modernizing" a lot of the activities the Great Unwashed indulges in everyday, actually handcuffs consumers, researchers, librarians, and educators because of the TPM provision. It's like saying "Sure, have a cookie, it's illegal to open the cookie jar, but you can have as many cookies as you want."
Despite public outcry, there is no way the Harper conservatives are going to pass up on this one. They view this as an important step toward bringing Canada's copyright laws more in line with what is happening in other countries (read: U.S.A.). They shout their self-congratulatory claims to the heavens (as conservatives are wont to do), but in reality Bill C32 is lip service to the Canadian public and a towing of the line to American special interest groups. I didn't realize the line needed towing. I thought Canada was capable of creating copyright legislation by and for Canadians, or more accurately, I thought the Harper conservatives were capable. I guess I was wrong.
The only thing missing in this debacle, is the creation of Copyright Police.
Maybe I shouldn't give Harper any ideas.
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