Kelly, Lorne

Discussion question:

How do Canada's copyright laws affect you? How should existing laws be modernized?

As a member of a small organization specializing in electro magnetic compatibility, copyright affects the way we publish our research and development papers. Traditionally we and our peers published research papers with the IEEE (Institute of Electrical and Electronics Engineers) however that approach is no longer satisfactory. IEEE retains the copyright to all submissions, and its distribution is highly exclusive even among its own members.

We now publish independently, and are waiting patiently for IEEE to "open up" or be replaced.

I would like to see Canadian copyright law formulated in a way that would discourage copyright aggregation. I see no reason why any organization should require exclusive rights to a work.

As an individual, I am shocked and appalled that the US DOJ considers $2e6 to an acceptable settlement for online sharing of music. Law is intended to create justice, if the law considers this just, then it has failed, and I will no longer respect or be bound by it.

I would like to see Canadian copyright law formulated in a way that would allow corporations and individuals settle their differences in a fair and equitable manner. An individual should not have their life destroyed due to a copyright violation

Discussion question:

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

The changes in technology will continue to accelerate according to Moore's law (exponentially), and the copyright debate will continue to expand as our reproductive technologies move into the physical realm. RP machines and 3d scanners already allow us to reproduce simple items in our own homes (I know at least one person with an RP machine in the home). This impacts trademarks in the same way that cassette recorders and photocopiers affect copyright.

The challenge with copyright legislation is to determine what is fair

Developments in technology put people out of work — this has been consistent since the dawn of the industrial revolution. We are now entering a cultural revolution, and the type of people to be made redundant will be of a different class. (engineers and authors vs general laborers).

It is futile to try to preserve a way of life that has been destroyed by technology. Canadian copyright law should be formulated in a way that allows us to adapt to new reality's with a minimum of infighting.

Discussion question:

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

As a member of a small EMI organization copyright affects the way we do testing, and the closed nature of IEEE affects the way we do research.

Test standards published by Canada and the EU are costly, and often republished (at full cost) with minuscule changes. It is possible for a test to cost less than the test standard. As a result, technology innovators often test to old standards, or assume that standards from differing regions will match.

This is not a healthy way to do business, and the elimination of crown copyright would certainly be helpful to innovators.

A great deal of information is obscured by the closed nature of IEEE, copyright changes that discourage copyright aggregation would help innovators everywhere.

With over twenty years experience in the technology industry. I have done a fare number of interviews and selections. It has become clear to me that the best candidates are consistently the ones who have developed experience at their own initiative. Education is secondary. If we create an environment where it is not legal to reverse engineer hardware, or 'hack' software/media, innovation in Canada will die.

I am also concerned that the 'moral rights' movement will spread to hardware with similar consequences, but have seen no evidence of this as yet.

Finally, a great deal of research goes to waste when it is discovered that a given solution or discovery has been patented and not implemented. We need to ensure that patents are either brought to market, or transferred to those who will. In the same way, copyright aggregators should be required to return ownership to the original creator, or the public domain, if a work is not currently being distributed.

Discussion question:

What sorts of copyright changes do you believe would best foster competition and investment in Canada? What kinds of changes would best position Canada as a leader in the global, digital economy?

It is difficult to ensure that a particular region becomes the primary benefactor of technological innovation, it is easier to ensure that innovation is not stifled.

When looking at the IBM PC it seems clear to me that the success of the PC vs Apple was due to the open architecture of the hardware. Apple had(s) a much stronger OS, a more devoted following, and a longer history. When IBM opened the architecture, everyone started making PCs, and the market exploded.

In a closed environment one entity makes a little money. In an open environment everyone makes a lot of money.

The key then, is to ensure that the Internet remains free, uncensored, and neutral, and to ensure through strengthened antitrust laws, that no one entity gains too much control.

Lorne Kelly