Cliff, Jeff

1. How do Canada’s copyright laws affect you? How should existing laws be modernized?

They affect me:

As a hacker, and student of computer science, about to reach bachelor degree status in the fall. I see people who study similar things, such as dmitry sklyarov in the US become imprisoned for conducting mathematics and computer science research, and I see the current proposals criminalizing the very same activities (research and distribution of research findings). I will have thrown many years and tens of thousands of dollars away on a degree that might very well be criminalized if the wrong kind of law is passed. Richard Stallman's "the right to read" is an example, with some background on why bills like C-61 create a slippery slope to a future where my form of education is made illegal. Making research into things relating to DRM illegal guarantees a problem space that will be unexplored. We cannot afford, in this day and age, to blind ourselves as a country to any avenue of research as fertile as computer science. Hackers built the internet, and are the heroes of the internet. Criminalizing them further is shooting ourselves in the foot.

Suggestion: if copyright laws are to include paracopyright, DRM relating law, let it be under the guise of consumer protection as Michael Geist suggests — ban DRM in Canada outright or better yet require that any instance of a work protected by DRM is to be not protected by copyright protections in addition to TPMs. Copyright holders and their agents should be made to choose whether they wish the protection of TPMs or copyrights. That way they can restrict people as far as they wish, and give up government help, or maintain government help, and keep their current intellectual monopoly status for that instance of that work.

As a musician. I have been composing music since I was a small child and to this day I still try to maintain whatever I can of my talent, music, and musician network. I do not make a living off of my music; I offer it instead as a gift to the world. As a musician I agree with the Canadian Musicians Coalition; providing an atmosphere where suing one's fans is commonplace is simply not a canadian thing to do. Changing the law so that american labels can sue canadians and extort money from them in this way is unethical and against the Canadian national interest. Do not assume one download is one lost sale, there is neither evidence for this and plenty of evidence against this. Instead consult lawrence lessig's "Free Culture" on some harms and benefits of one download to get a broader view.

As a citizen of the internet. Copyright has historically been a law restricting the use of technology. Although I am currently on a kind of vacation (I'm working about 5 jobs, 2 fulltime, in the prairies…as my normal student workload isn't available as the classes I need to graduate aren't being offered in the summer semester), usually I mostly live through computer media - most of my friendships, social activity, thinking, …pretty much everything passes through computer at some stage. And legal mechanisms to restrict my use of technology, regardless of intent is a de facto infringement of my natural rights, legally codified or not, to extend my consciousness into electronic media. And that is exactly what paracopyright DRM friendly laws do; restrict consciousness and the very extension of man's nervous system. If not today, then wait another 20 years. These rights should be codified, in copyright law form or not, not ignored and trampled on.

As a citizen of a country, Canada. This very questionaire is being conducted using copyrighted software, on my end, GPL, on your end, probably some kind of proprietary software. Any restriction on what can and cannot happen on a digital apparatus that the citizens of a democratic country choose to use to communicate with their government and eachother may potentially determine what level of de facto freedom those citizens have. When I can afford membership fees, I try to renew my membership in the Electronic Frontier Foundation for this reason. Any attempt to criminalize free software use, or any of a variety of other issues the EFF has fought for in the past is an infringement on our freedoms. If computers were not involved, the average person might understand better, and for some situations, be in angry mobs in the street over how little respected freedom has actually been.

As a tutor and educator. I make part of my living, and part of the canadian economy teaching others, and use computers and p2p software as part of my teaching toolkit. Restrictions and requirements on educators, licenced or not restrict how much I can teach others, and attempts to centralize learning push my ability to help others beyond what I can do. Copyright laws that do not respect the right of individuals to build libraries, or consider libraries as something only large institutions can build are outdated. The massive, towering local library of my childhood could probably fit on an inexpensive thumbdrive today. Individuals in Canada should be encouraged by law to build, share and maintain libraries, not interefered with by copyright, paracopyright(laws protecting TPMs and DRM) and other law.

As a labourer. I make use of computer technology every day and the proprietary, centralized development model has failed miserably in many ways. Here I am, with almost a year of work experience as a programmer, practically a CS degree, pushing hay around, while systems that I could potentially fix had I the source code lay broken around me. I'm not allowed to help, because people chose to be helpless by using proprietary software. This situation should be discouraged. Digitally locking the hood of a car so that only the dealer can maintain it restricts who can learn to fix it — this is not how things happen in the future Canada that I want.

As a friend and peer. I am forced often to make a choice between respecting the copyrights and laws of my country and helping a friend by giving him what I have and can freely share(information). The very fact that one can get into this dilemma is a ethical problem. Private distribution of any information should not be a crime, and at worst should be treated as harshly as a speeding offense, whether DRM is broken or not.

As far as what to do:

Firstly, the situation in regards to filesharing needs to be clarified. Profitright should replace copyright as the central concern; if you are not profiting from your use of copyrighted material there should be greater legal rights for your use. Fair use instead of fair dealing.

Second, bittorrent and new, private distribution methods, obsolete old language detailing telecommunications usage. Swarms of automated agents trading small peicelets of material that is not even known whether or not it is public domain, copyright or creative commons'd should not be treated the same way as a commercial piracy outfit, as it is a different thing.

Thirdly, term lengths are excessive. Copyrights should expire sooner.

Fourthly, no more negotiation of ACTA behind closed doors. ACTA should have been public from day #1.

2. Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time

Open them up. Encourage both free culture, and more choice. Get rid of the section involved in importing the wrong kind of books as that isn't even a copyright and doesn't belong in a copyright law.

3. What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?

I don't think we should do this. I think innovation and creativity are natural and copyrights and other laws merely serve to get in the way of them, in the name of encouraging them. I recognize however that there is another side to this and am willing to accept a compromise. But if you truly want creativity and innovation, create prosperity, social connectedness, freedom and a strong culture. Don't restrict information, restrict people from communicating information between eachother, don't enforce an american copyright and cultural model on Canada.

4. What sorts of copyright changes do you believe would best foster competition and investment in Canada?

Reduce bureaucracy, and get government the hell out of this arena. Let the free market do its thing, and for SERVER's sake quit treating copyrights and paracopyrights like some perverse form of property.

5. What kinds of changes would best position Canada as a leader in the global, digital economy?

Stop criminalizing people who toy with technology: hackers, pirates and anyone who uses the internet as a world of ends instead of just leaching off of it.

Stop criminalizing children. Children should not be in fear of their government in regards to their use of the internet. This is a dangerous road to start down, and does not bode well for our future. You want Canada as a leader? Let your children, at least, free.

For more perspectives that I'd probably mostly agree with, see Michael Geist, and SaskBoy

http://www.abandonedstuff.com/2009/07/20/canadian-copyright-consultation/

Jeff Cliff

Outlook, Saskatchewan