Ottawa plans to overhaul Canadian copyright law this spring. Unlike the U.S. Digital Millenium Copyright Act (DMCA), which many critics believed tipped the balance too far towards rights holders, the Canadian initiative seems to strike a balance and, of some note, was written with an eye towards a peer-to-peer universe:
The rapid evolution of digital network technology, notably the Internet, has compelled a re-examination of the operation of the Act. Significant improvements in speed and bandwidth in particular have permitted the Internet to become an efficient and relatively low-cost platform for creating and disseminating all types of copyright material, regardless of their size or format (e.g., software, music, film). One consequence of this development has been the advent of peer-to-peer file-sharing mechanisms which has made it possible to share copyright material at little or no cost, often without the authorization of rights holders. At the same time, the ability to use high-quality Internet services in the educational and research context is important for Canada's future economic success and in promoting Canada's cultural presence in the world.
Both the music industry in Canada and its sometimes critics seem pleased with the proposals.
“”This is terrific news,” Graham Henderson, president of the Canadian Recording Industry Association (CRIA) said in a press release. “Canada is one step closer to having a copyright law that will reflect the realities of the digital marketplace and allow the music industry a chance to prosper. We want to thank the government and the opposition parties for their support in getting to this stage.”
Meanwhile, the Canadian Internet Policy and Public Interest Clinic (CIPPIC) put out this statement:
“CIPPIC is very pleased to see the government of Canada rejecting the one-sided approach to copyright we saw in the May, 2004, Interim Report on Copyright Reform of the Standing Committee on Canadian Heritage,” says David Fewer, legal counsel for CIPPIC. “Although it will be critical to see the detail of how the proposals are implemented, these proposals appear to represent a commitment to balance in copyright law, not just lip service.”
Smart guys (and West Coasters) Tim Bray and Tod Maffin seem a bit nervous.
The wise Michael Geist of the University of Ottawa's law school has some thoughts at his site about this initiative. Here's one thing Michael has to say:
This is a major development as it implements a much fairer system than that found in the U.S. (or even the more draconian notice and termination system that CRIA raised last spring). The FAQ argues that this system is better suited to a P2P world, since notice and takedown simply doesn’t work for P2P.