Copyright law could result in ‘police state,’ critic warns
Last Updated: Thursday, June 12, 2008 | 12:35 PM ET
By Peter Nowak, CBC News

“We are confident we have developed the proper framework at this point in time,” Minister of Industry Jim Prentice told a press conference in Ottawa on Thursday. “This bill reflects a win-win approach.”
Bill C-61 contains an anti-circumvention clause that will make it illegal to break digital locks on copyrighted material. That means TiVos and other personal video recorders (PVRs) will be made useless if television broadcasters choose to put technical locks on their shows so they can’t be recorded.
People caught downloading music or video files illegally could also be sued for a maximum of $500, but uploading a file to a peer-to-peer network or YouTube could result in lawsuits of $20,000 per file.
Prentice deflected questions about potential lawsuits by saying the bill is necessary to modernize Canada’s laws.
“You can get into hypothetical situations,” he said, “but the purpose of the bill has been to expand the balance of protection between consumers and copyright holders.”
Critics blasted the government for the legislation, with Liberal industry critic Scott Brison suggesting Prentice was proposing the creation of a “police state.” He criticized the government for its lack of consultation with Canadian stakeholders and for not considering the implications of the bill if it passes.
“There’s no excuse for why the government has not consulted broadly the diverse stakeholders,” he said. “The government has not thought this through. It has not thought about how it will enforce these provisions.”
“There’s a fine line between protecting creators and a police state.”
Downloading on the rise
According to the latest survey from Statistics Canada, one in five Canadians aged 16 and older said he or she had downloaded or watched TV or movies over the internet, an increase from 12 per cent in 2005.
The percentage of Canadians who downloaded music — either paid or for free — also increased from 37 per cent to 45 per cent in the two-year span. Part of that increase can be attributed to a change in methodology, as Statistics Canada for the first time included 16- and 17-year-olds in the study, a demographic more likely to download media than older groups.
Critics feared the bill will mirror the U.S. Digital Millennium Copyright Act (DMCA), which similarly brought in restrictive measures and opened the door for copyright owners to enact huge lawsuits against violators.
Prentice has said on several occasions that Canada’s Copyright Act must be amended to bring the country into compliance with the World Intellectual Property Organization treaty it signed in 1996. The act was last overhauled in 1997.
The minister was forced to retreat on introducing the bill in December after being hit with major public opposition.













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