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Internet Service Provider Liability
Currently in Canada, Internet Service Providers (ISPs) operate under a Notice and Notice Regime. Canada needs to keep Notice and Notice. This is the best way to move forward with Internet Service Provider liability for the long term.
How Notice and Notice works:
An ISP receives a notice that a user of its service is alleged to have infringed copyright. The ISP passes that notice onto its user and the ISP is then required to track what the user does with the copyrighted material. At that point it is up to the person or organization alleging copyright infringement to take someone to court. At no point does the ISP attempt to decide whether the accused is guilty or innocent.
The US and some other countries have a Notice and Take Down Regime. A number of industry groups in Canada are lobbying to bring Notice and Take Down to Canada. They feel that Notice and Notice is not sufficiently rigorous to deal with copyright infringement.
In a Notice and Take Down regime, after an ISP receives a notice of alleged copyright infringement, it is up to the ISP to take down the infringing website or service within a certain number of days. The alleged copyright infringer is treated as guilty until proven innocent. To put material back up on the web, the accused person or organization needs to sue the accusing organization or individual in court.
Three reasons why Notice and Notice is better:
1) With Notice and Take Down, you are guilty until proven innocent.
2) Censorship. In Canada like many other countries, it is not against the law to make a false claim of copyright. In the US and Australia, there are many examples of organizations using Notice and Take Down to shut down websites that they don't like. It can take many months to clear your name in the courts and receive permission to put material back up. Many individuals and organizations don't have the money to fight Notice and Take Down.
3) In addition to the commercial ISPs, there are many non-profit organizations that serve as ISPs including public libraries, school boards, universities and colleges. Why should non-profit organizations have to put up with Notice and Take Down? Why create a rule change that would cause difficulties for smaller ISPs.
Notice and Notice already serves Canada well and will stand the test of time. If we implement Notice and Take Down, we will start seeing the same problems that other countries with that system have. This definitely won't stand the test of time.
meikipp [2009-08-06 14:02] Comment ID: 1388 Reply to: 1229
The notice and notice scheme was one of the only parts of Bill C-61 that made sense.
ACUTE SEXISM is rabid throughout the entire 'digital tech economy'. Fact: only 1.5% women are involved in 'open source' or software development.
Kirrily Robert's, a female mathematician from San Francisco, looks at THIS PROBLEM with both clarity and understanding …
(Above link includes video shot at OPSCON [Open Source Convention] this past weekend… see http://en.oreilly.com/oscon2009 for ADDITIONAL info)
Kirrily's blog is a 'must read' for both sexes to appreciate the PITFALLS & DANGER of continued gender based internet/apps development, globally…
rinzertanz [2009-08-02 12:41] Comment ID: 1266 Reply to: 1180
Here's another 'inside' perspective …
Can an industry DOMINATED by the male mind of 'wants & needs' truly reflect the 'wants & needs' of the rest of the species, ie. women & children-??
Sexism is a BIG 'issue' within the 'digital economy', but it doesn't get much air play, cuz, well, the digital economy is DOMINATED by male 'wants & needs' …
Gamers, porn, downloads, gadgets & gizmos: users are PREDOMINATELY male. The REST of the species, ie. women & children, are getting 'mowed' over. Either that, or they are being FORCED to 'adapt' to this 'male way'.
If they don't they are 'jeered', 'excluded', 'dismissed' or 'left behind'. Make no mistake, the DOMINATING are in CONTROL. It is aggressive, bullying, and ultimately - narcissitic.
Forcing 'society' to 'swallow it' IS, however, creating a backlash. That backlash is, at the moment, small, but it is growing daily & globally. ie. 'the slow movement'.
Unless some kind of 'humanity' can be brought to the industry as a whole, so that 'women & children' are not so exploited & victimized, this movement will continue to grow.
If the industry continues in the direction it is going, where 'cyberspace' superimposes & increasingly replaces 'reality', the consequences will be catastrophic. Because when 'GROWN MEN' lose a grip of 'the Real', the rest of the world is in grave danger. Anything can and will happen.
When men who put their PLEASURE derived from the 'digital economy' BEFORE their LOVE & responsibility to others, the Real World - (ie.the planet that the rest of us inhabit) - becomes a much colder, hostile & lonely place.
And yes, a bit of rant here, but LADIES, if any of you ARE out there, you KNOW what I'm talking about. You've SEEN it happening to your men & increasingly to your children. It's not a 'pretty sight', is it? You KNOW it's not 'healthy', or healthy behaviour. For now though, you kinda go along with it, cuz, hey, it's 'his way', and 'his thing'. But you do kinda WONDER about WHEN the endless obsessive CONSUMING 'in another world' - will stop, you WONDER when they will come back to LIFE … don't you?
It's been boldly stated elswhere in this forum by one of the DOMINATING ones, that 'The World Ended, you'e just in denial'.
Has it really-? ladies, has it? Is this really 'it' - the WAY it's GOING to BE for the rest of humanity-?
Please think about it. Think about it for your children. Think about it for the FUTURE …
rinzertanz [2009-08-06 17:01] Comment ID: 1395 Reply to: 1266
And, condsider this …
'Addiction counsellors to go 'on-line' for the addicted' - 16 hours per day not uncommon …
pneves [2009-08-09 02:57] Comment ID: 1437 Reply to: 1180
Well that may be the case that there is ACUTE SEXISM in the software industry but thats not the fault of men in the industry. Women just don't get involved in the tech economy much to the disappointment of the men in the industry. This is interesting because the very first computer programmer was a woman. Her name was Ada Lovelace. Computer science was originally invented to allow women to take part in such areas as mathematics and physics because of the restrictions put on women at the time that they couldn't pursue traditional sciences. Its the most progressive science in that regard. Back then there were no machines called computers. Computers were people who calculated trajectories for artillery during the war.
rsmits [2009-08-09 13:50] Comment ID: 1445 Reply to: 1180
I don't disagree with your point, but it has nothing to do with how we structure copyright. You're way off topic!
rinzertanz [2009-08-10 00:26] Comment ID: 1458 Reply to: 1445
Men currently DOMINANT (ie. "own") the computer & the software industries thru copyright, patents and trademarks.
Doesn't it strike you as VERY STRANGE that half of our species is not actively involved in the fundamental mechanics of this massive engineering 'experiment'? especially now that it impacts so significantly on the every day life of everyone?
This 'male-controlled' 'Reality' is not only intrusive it is very overbearing. The rest of humanity is being forced to 'adapt', like it or not.
Yet, wouldn't it be BETTER for HUMANITY if REAL women played a REAL role in the continued development of this marvel of the 'digital web'?
Surely, the impact on our COMBINED evolution, and education, would be profound.
So, how can this be accomplished?
I don't rightly know.
I do know that I am not remotely interested in tinkering with either the hardware or the software just to make some thing do my bidding. It just doesn't appeal. I'd really rather do anything else. In that sense, mine IS a different KIND of 'Reality'.
And that is really my point.
It all seems so 'lopsided' at the moment …
The WHOLE THING is in dire need of 'balance'.
meikipp [2009-08-10 13:17] Comment ID: 1475 Reply to: 1458
Since the right to tinker is one of the rights which could have been lost with Bill C-61 this conversation isn't entirely off topic.
rinzertanz [2009-08-10 14:18] Comment ID: 1478 Reply to: 1475
… phew, I passed …
crade [2009-08-10 15:04] Comment ID: 1480 Reply to: 1458
"I do know that I am not remotely interested in tinkering with either the hardware or the software just to make some thing do my bidding"
Good for you. Do you have a good reason that you would like to prevent others who are interested from doing so?
I'm not interested in building model airplanes but I'm not hoping to get the practice outlawed either.
rinzertanz [2009-08-10 15:16] Comment ID: 1481 Reply to: 1480
Software expertise & mechanical engineering, using patents, copyrights, trademarks and IP legislation is not my forte.
I use English.