Email to Costas Menegakis, Member of Parliament, Richmond Hill

Dear Costas,

Thanks for replying to my email. You seem to have missed the points I was trying to make, so I’m going to lay them out carefully. This will be a long email.

Bill C-11 is not WIPO compliant. Of course this isn’t surprising, since none of the supposedly WIPO compliant legislation like the Digital Millennium Copyright Act that the United States adopted is WIPO compliant either.

Both C-11 and the DMCA (as well as C-32) allow technologies like BluRay which are non-compliant with Article 11, Obligations concerning Technical Protection Measures of the WIPO Internet Treaties. The exact wording is:

Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law.

This means if an author changes their mind about the use of a TPM, and decides it should no longer be used, that the manufacturer of the media must be able to REMOVE THE TPM FROM EXISTING COPIES OF THE WORK. I suggest that you ask the Blu Ray Disc Association or the DVD Forum, or game system manufacturers such as Sony, Nintendo, Microsoft, and Apple if their current systems are compliant with Article 11.

As a Canadian Publisher of Music, Literature, and Video works, I have studied this area carefully. Bill C-11 does nothing for me or my artists. It does nothing for anyone as far as I can tell. The American equivalent, the DMCA has had no positive effect on anything. It has however added significant costs to the publishers, and significant costs to the Internet Service Providers.

The next time you are in the riding, I would be happy to meet with you, and discuss what would be useful to Canadian publishers and artists.

As to the consultation, it would have been useful if the legislation had followed the suggestions of the consultation. Since it didn’t, I think we can ignore it.

I’m going to suggest that you read the following. Some of it is mine, some of it is from other writers. It covers a large chunk of the background of how we ended up with C-11, and why it is flawed:

Three articles about the lack of rigor used in investigating Copyright:

Barry Sookman, a lobbyist for Music Canada (which used to be the Canadian Recording Industry Association) invited Doctor Mihaly Ficsor to write a post about why Canada should adopt the WIPO Internet Copyright Treaties. I wrote several articles about this. Links to the original articles are included in my articles of course.

Just after that I caught Barry Sookman in some inaccuracies, and challenged him on it. He wasn’t too happy with me:

An article I wrote after the new U.S. Ambassador was appointed, and interviewed by MacLean’s magazine. Just after this the U.S. Embassy started to follow me on Twitter.

James Gannon is a lawyer who works with Barry Sookman. James often writes about copyright in his personal blog. He claims these are his personal opinions. The only problem is that they match his employer’s opinion 100% of the time. I’ll admit that my opinions match my company’s opinions 100% of the time, but that is because I am my company… James can’t make that claim.

Three articles about two cases which involved misuse of the Police by the International Federation of the Phonographic Industry.

A series of articles calling on the involved individuals to admit their connections publicly when speaking on the copyright issue. If you check with Tony Clement or the staff at the Industry Ministry, they probably still have copies of these emails.

Articles about the Copyright Consultation:

Articles about Technical Protection Measures:

General Copyright Articles:

Bill C-32 (and Bill C-11)

There is about 100,000 words in those articles. Tony Clement, who used to be Industry Minister has copies of these. You might want to sit down and discuss this with him.

I’m posting a copy of this on my blog. I draw a lot of people who are interested in the Canadian Copyright situation.


Wayne Borean
Wednesday November 9, 2011



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