Drew Wilson
October 14th, 2009, 03:01 PM
What is needed? Notice and takedown. Notice and notice has been proposed in Canada, uniquely in the world. Canada has weak secondary liability provisions, which is a real concern. Need injunctive relief against ISPs to prevent third-party infringement. Reform is needed; it’s not simply a domestic problem but a trade problem.
Q: What about that Google analogy? So what’s the holdup in Canada for fixing the law?
Sookman: Google is watching the Isohunt litigation with interest—any secondary liability developments have an impact on them, even though Isohunt isn’t the same as Google. Google worries that bad facts will make bad law for Google. Politically: might be because of successive minority governments, where proposals have never made it to fruition. Canada is also late in implementing digital treaties, and since those early days there’s been more of an anticopyright movement who use digital media to popularize anticopyright sentiment. There’s a perception that the public may not appreciate new legislation.
More... (http://tushnet.blogspot.com/2009/10/visit-to-weird-planet-canadian.html)
Of course, it's easy to be "anti-copyright". All we have to do is quote copyright maximalists saying stupid things to justify perverted copyright laws they propose. Believe me, it's things like this that make Canadians angry at copyright maximalists. Reportedly, this was said during a talk in DC - speaks volumes in and of itself there.
Q: What about that Google analogy? So what’s the holdup in Canada for fixing the law?
Sookman: Google is watching the Isohunt litigation with interest—any secondary liability developments have an impact on them, even though Isohunt isn’t the same as Google. Google worries that bad facts will make bad law for Google. Politically: might be because of successive minority governments, where proposals have never made it to fruition. Canada is also late in implementing digital treaties, and since those early days there’s been more of an anticopyright movement who use digital media to popularize anticopyright sentiment. There’s a perception that the public may not appreciate new legislation.
More... (http://tushnet.blogspot.com/2009/10/visit-to-weird-planet-canadian.html)
Of course, it's easy to be "anti-copyright". All we have to do is quote copyright maximalists saying stupid things to justify perverted copyright laws they propose. Believe me, it's things like this that make Canadians angry at copyright maximalists. Reportedly, this was said during a talk in DC - speaks volumes in and of itself there.