Wikileaks Cable Confirms Public Pressure Forced Delay of Canadian Copyright Bill in 2008

From December 2007 to mid-February, senior GOC officials and well-informed private sector contacts assured the Embassy that legislative calendar concerns were delaying the copyright bill's introduction into Parliament. Our contacts downplayed the small - but increasingly vocal - public opposition to copyright reform led by University of Ottawa law professor Dr. Michael Geist. On February 25, however, Industry Minister Prentice (please protect) admitted to the Ambassador that some Cabinet members and Conservative Members of Parliament - including MPs who won their ridings by slim margins - opposed tabling the copyright bill now because it might be used against them in the next federal election. Prentice said the copyright bill had become a "political" issue. He also indicated that elevating Canada to the Special 301 Priority Watch List would make the issue more difficult and would not be received well.

(Comment: James Rajotte - chair of the Industry Committee, which would likely receive a copyright bill - told the Ambassador on February 28 that the legislation would not have such smooth sailing. End Comment)

"Why don't you do something about it?" I did and I had an effect.

Response to the Conservatives '08 platform: Copyright

Taken from the platform

A re-elected Conservative Government led by Stephen Harper will reintroduce federal copyright legislation that strikes the appropriate balance among the rights of musicians, artists, programmers and other creators and brings Canada's intellectual property protection in line with that of other industrialized countries, but also protects consumers who want to access copyright works for their personal use.

We will also introduce tougher laws on counterfeiting and piracy and give our customs and law enforcement services the resources to enforce them. This will protect consumers from phoney and sometimes dangerous products that are passed off as reliable brand-name goods.

I really hope when they say reintroduce they do not mean it will be a carbon copy of Bill C-61. All the MPs I have met with agreed that Bill C-61 has problems. I imagine they will have a hard time telling me a carbon copy of Bill C-61 "strikes the appropriate balance" with my knowledge that they know better.

How do I know my MPs know better? I met with them one at a time, multiple times.

As for the ACTA, I would love to talk more about it but it appears to be a secretive treaty. Yay democracy :-(

I would also like to give a hardy congratulations to the NDP for getting my donation. The tag team of the Conservatives and the NDP turned me from political apathy to donator!

..I have no idea what the next step after donating is but it scares the heck out of me.

Eye on Rahim Jaffer

There was a Edmonton Strathcona All Candidates Forum I was unable to attend to. Luckily, Ian wrote all about it. Thanks!

Steve Melenchuk asked what the positions were on dead Bill C-61, which dealt with copyright reform.

Rahim Jaffer: Any reform needs to emphasize balance. This bill was a first crack at this issue and reform attempts are not over.

Linda Duncan: The NDP led the opposition to the bill, exposed data throttling by internet companies and we also need to protect individual artists.

Claudette Roy: Favored protecting IP, but should overhaul the bill

Rahim Jaffer's response is consistent to what was discussed in the meeting I was in. I would also like to emphasize the fact the NDP, specifically Charlie Angus, is my hero when it comes to copyright and technology in general.

Edit: Additional link to Charlie Angus on copyright.

Response to Rona Ambrose

Here is a couple quick notes. No, I do not actually own a Celine Dion CD although I am sure it is very good.

I do not expect to get any kinda of response from Rona Ambrose. If she really cared I would have got a proper response long ago.

I also do not expect a phone call from a scheduling manager. It is just one more "misunderstanding" from the office of The Honourable Rona Ambrose.

I really send this letter so I can exclaim "at least I tried". I also get the added benefit of having more cannon fodder against Rona Ambrose.

I do not claim to be above disliking MPs. Only Rona Ambrose managed to earn my loathing. Not even Jim Prentice earned that.

Without further ado, my letter.

Your response to my letter is very concerning. The response shows the lack of attention paid to my concerns and my fears in general. I would like to take a moment and explain why this response should be a embarrassment to your office. Hopefully, I can look forward to hearing a proper response as well as a phone call from the scheduling manager for a meeting (780) XXX-XXXX.

I would like to make a few quick points about the supposed clarifications. Your letter says Bill C-61 clarifies time shifting but it fails to clarify a key point. The bill fails to clarify how long I can keep my recordings.

Your letter says I can “copy legally acquired music onto other devices”. In the case of my 2002 Celine Dion CD, A New Day Has Come, your statement appears to be murky at best.

The fixed amount of $500 statutory damages appears to be a red herring. Most Canadians would fall under the $20,000 statutory damages per infringement because of the abusive digital lock provisions as well as the simple fact most programs that download files upload as well.

The educator copyright rules are complicated enough it takes copyright lawyers to figure it out. I very much doubt these rules will provide educators with a new way “to deliver course material and lessons” when considering the restrictions these new rules have.

The Anti-Counterfeiting Trade Agreement (ACTA) is a secretive treaty without public consultation. I fear the ACTA will be a bias treaty. I plead with you, in the name of democracy, that you help bring the ACTA treaty into the light instead of the cloak and dagger state it is currently in.

I agree that Amendments to Canada's Copyright Act are needed and are long overdue but that is no reason to rush though a bad bill. Time and care needs to be taken to make sure it is done right. I ask that you, Rona Ambrose, meet with me because I believe it is important that all MPs understand the effects Bill C-61 will have, both good and bad.

Rona Ambrose

Sometimes I question why I am so hard on Rona Ambrose.. then I remember I am her constituent. In theory she should at least try to see what her constituents think. This is a stark contrast to Laurie Hawn who has no reason to meet with me. I'm just some guy running around proclaiming himself to be Fair Copyright for Canada - Edmonton Chapter founder and yet he met with me as have others.

So, why have I gone off the "Boo Rona Ambrose" deep end again? Let me try to explain.

Here is a quote from James Rajotte's canned letter response to Bill C-61.

"For your information, Bill C-61 is at the second reading stage in the House of Commons. Debate at this level is over the principle of the bill rather than a specific examination of every clause contained in the bill...I support Bill C-61 in principle, but I am ready and willing to listen to your views."

I could go into detail and describe why I like this canned letter response to Bill C-61 but I think it speaks for its self. I have met with James Rajotte and I believe it when he says he is "ready and willing to listen".

Lets take a look at the canned letter Rona Ambrose sent out to me today.

"The bill clarifies that consumers will now be able to record television shows for later viewing (time shifting); copy legally acquired music onto other devices such as MP3 players or cellphones; and make backup copies of legally acquired books, newspapers, videocassettes and photographs onto devices they own (format shifting). Furthermore, the bill has set new limitations on statutory damages, so individuals would be liable for a fixed amount of $500 if they have infringed copyright for private use, provided that the material is not protected by a technological measure (TM or digital lock). Individuals may still be liable for other types of damages or remedies."

It reads like a freaking PR campaign. That letter is so filled with half truths it makes me rage. That is comming for a guy that almost never gets angry.

That quote is the reason why I meet MPs. I have to go around to make sure people understand the actual effects of Bill C-61 and shed full light on the supposed clarifications.

The Rona Ambrose scheduling manager has yet to contact me even though they say he/she would. I would still like a meeting just so she has the opportunity to see what I see in Bill C-61. I doubt it will ever happen though.

I am going to write a reply to that canned letter and post it here but I am unable to do so now due to my shear outrage.

Excuse me as I need to find a box of cute puppies stat.

Hedy Fry

Something was odd about this meeting from the get go. Why would a Vancouver MP have round tables in multiple cities on Bill C-61?

I knew it was not going to be a casual meeting so I decided to bring my A game. I bought a suit and got all my information as lined up as possible. I know I did my best.

At the round table we had song writers, record companies, art curators, independent radio, and more. Everyone agreed the bill was flawed. The core question was should the bill be amended or killed.

The discussion covered all areas I could think of. I think everyone in that room heard a different take on Bill C-61 that they did not know of before.

Time will tell if that meeting accomplished anything. My eyes are going to be on Hedy Fry to see what she does in the future.

Jim Prentice - 2008 Stampede Breakfast

So, it came to pass on Saturday, July 5, 2008 I would drive down to Calgary yet again to attempt to meet Jim Prentice during his stamped breakfast(1,2). I did that after a cup of coffee of course.

I noticed those who went to the last rally came to this rally more prepared. There were more signs, more hand outs, more CDs, more t-shirts, and more people. Kempton Lam once again organized it.

This marks the first time I ever met a plain clothes officer. He was friendly enough though.

It took me and my friends working as a cohesive team to position our selves in such a way that Jim Prentice had no choice but to accept the letter we worked on for him. Pam, Jim Prentice's handler, was scarily efficient at blocking all those who wished to speak with him.

To this date I have yet to ever hear of any kind of response to Bill C-61 from Jim Prentice that Canadians deserve. I never used to care about politics and I came out of the stamped breakfast still a activist quietly longing for my political apathy.

Ah Jim Prentice.. Why didn't you consult in the first place? Then we wouldn't be in this mess and I could go back to watching T.V.

Bill C-61 - Release day

Before Bill C-61 was tabled everyone had a one day heads up. I contacted whatever media I could come up with to make sure they covered the story. At very least I tried. Apparently while I was at work Joel Gotlib tried to get in touch with me. "When sending e-mails and and making phone calls remember to leave your contact information". Lesson learned. At least Michael Edward picked up my dropped ball.
CFRN news coverage
Vue Weekly

Michael also created the first Fair Copyright for Canada - Edmonton Chapter meeting. A admit I was a bit hesitant about the meeting at first but it turned out great.

The Following is the introduction for my letter in response to Bill C-61:

Bill C-61, An Act to amend the Copyright Act had its first reading on June 12, 2008. Before the bill was released I did everything I could to get my voice heard. I sent e-mails, went to rallies, met with Members of Parliament, and sent in questions to the Minister of Industry, Jim Prentice. The results were less than acceptable. The questions I sent to Jim Prentice went unanswered and Bill C-61 with it's sections dealing with Technological Measures and Rights Management has what I feared despite my efforts to show the harm of such measures. In short, my voice and many others were not heard by those drafting the bill.

Now with the bills release I will do what I have done in the past, only more so which is why you are reading this letter. I will send more e-mails, go to more rallies, meet with more Members of Parliament, and send a new set of questions to Jim Prentice. I do this because the bill as it stands should not be passed. I don't believe it is a made in Canada solution and I don't believe it is fair and balanced. I would like to have a bill I can feel proud of as a Canadian citizen. Bill C-61 is not it.

Meetings

I believe about 4 to 5 of us went to the Laurie Hawn meeting in his office. Laurie Hawn was the first to admit he did not understand the full depth of the technological issues but he was still willing to listen. If Laurie Hawn was my MP I would be happy. His Town Halls should be a example to other MPs.

I then scheduled and went to a meeting for James Rajotte - The Chair of the Parliamentary Committee on Industry. One other joined me for this meeting. We talked about some of my specific fears for bill C-61 as well as other technological issues including Bell Canada which just started making waves. A meeting I was once again satisfied with.

Meeting with my own MP.. Rona Ambrose is apparently a multi-step process. I first had a meeting with Debra Bain the Constituency Office Manager. I guess I passed the screening and Debra said I would get a meeting with Rona Ambrose at some point in the future. After a couple phone calls my turn for a meeting came up.

The Rona Ambrose meeting I think lasted a total of 20min.. the shortest meeting to date. The meeting managed to be cut short on both the front and back end.

During the meeting I asked if they could print me off a copy of Bill C-61 when it is released. They said sure. After Bill C-61 was released I gave them a phone call. Turns out my tax money does not go to paper for constituents... only affords a link in a e-mail.

Also, during the meeting she said I could schedule another meeting. I thought it would be a meeting about C-61 when it gets released. Debra Bain thought it would be a meeting on another subject that needs attention. Either way it did not matter. I was not able to get a meeting with Rona Ambrose on that or any other issues even after some more phone calls.

I made sure all my family and friends knew the trouble I had with Rona Ambrose. I know Rona Ambrose is never going to receive a vote from me. I know she will not get a vote from my family and friends without heavy thought. I also encourage everyone reading this that you do not vote for Rona Ambrose without heavy thought. At least try and schedule a meeting with her first.. so you can find out first hand how hard it is to get her to hear her constituents. She is the kind of MP I feared when I started trying to meet MPs.

So it begins

I never used to care about politics. But Jim Prentice managed to do what no other politician was able to do. Turn me into a political activist.

On Saturday, December 8, 2007 I drove down to Calgary for a rally(1,2) being held at Jim Prentice Constituency Office to protest bill C-61. I really did not think much of it. I had the time and the gas for the drive down so why not go?

Bill C-61 got delayed for a time and I figure my job was done. I was now able to respond to those people who constantly complain about politics and smugly reply "why don't you do something about it?"

That was enough for me. I figured I would leave the rest of politics to more capable hands then mine. I did my part.

Then those more capable hands came to me and suggested I created a local Edmonton chapter for Fair Copyright for Canada.

Apparently I was not even close to doing my part.