Posts Tagged ‘three strikes’

Canada’s Copyright Consultation

Wednesday, July 22nd, 2009

Speak Out On Copyright

UPDATE: As mentioned in the earlier version of this blog post, Michael Geist will launch has launched the Speak Out On Copyright website and you should go there now.

I’ve been bleating for some time now about how the Harper government was trying to jam through Bill C-61 in the hopes of looking good in that particular shade of brown lipstick the U.S. media lobby loves so well, and how in the well-intentioned but malignantly misguided efforts to reform copyright law in Canada the people most affected by these changes – the people of the country – were not consulted.

Let's tell 'em what we REALLY think!

Here’s your chance.

Michael Geist reports on the launching of the Copyright Consultation Website where you – and everyone you encourage to go there – can let the government know exactly what you feel and think about copyright law and how it affects you, this country and the world.

As Geist himself says in a previous post:

There has been some criticism over the past week about perceived “A” lists for those invited to roundtables and those excluded. My view is that the only list that really matters is the list of people who take the time to make a public submission. That process is open to everyone and this is the ideal opportunity to ensure that Canadians voices are heard. The government has not consulted on copyright since 2001 and this consultation represents both a crucial opportunity and a potential threat. While Canadians can ensure that the government understands that copyright matters and that a balance is needed, some groups will undoubtedly use the consultation to push for a return of Bill C-61. Indeed, the recording industry has already said that that bill did not go far enough. That means we could see pressure for a Canadian DMCA, a three-strikes and you’re out process, and the extension of the term of copyright to eat into the public domain.

Countering those calls will require broad participation. To help foster that participation, tomorrow I will be launching a new website geared specifically to the copyright consultation along with my short form response to these questions. I plan to blog a long form response throughout the summer.

Geist will soon have his own site up to help organize voices that can speak just as loudly as the favoured elite who get to sit in on the roundtable discussions and twist the government’s ear. This is important shit that will affect everything from the public domain, the DMCA, that fucking ACTA bullshit, Net Neutrality, Freedom Of Speech, government transparency, open culture and more.

I’ll be sure to holler about it when the other site comes online.

In the meantime visit the consultation site – tell your friends – talk about it – think about it and be sure to give Geist’s latest post a read since it really distills the issues to the core points that will affect everything we will do for the rest of our lives.

Everything? Really? Isn’t that a bit of an exaggeration? Indulging in hyperbole, perhaps? Not when you give it even just a moments thought.

Here’s Geist’s thoughts on Why Does Copyright Matter?

For me, copyright matters because I am a professor and my students need access to copyrighted materials and the freedom to use those materials. It matters because I am a researcher who needs assurance that as materials are archived they will not be locked down under digital rights management. It matters because I am deeply concerned about privacy and fear that DRM could be harmful to my personal privacy. It matters because I have created videos and need flexibility in the law to allow for remix and transformed works and do not want my content taken down from the Internet based on unproven claims. It matters because I am a writer and I need certainty of access to speak freely. It matters because I am a consumer of digital entertainment and I want the law to reasonably reflect the right to view the content on the device of my choice. It matters because I am a parent whose children have only known life with the Internet and I want to ensure that they experience all the digital world has to offer. It matters because I live in a city with a strong connection to the digital economy and we need forward-looking laws to allow the next generation of companies to thrive. It matters because I am a proud Canadian who wants laws based not on external political pressure, but rather on the best interest of millions of Canadians.

So think about it. Read about it. Talk about it. Visit the site(s).

And then speak up.

Cheers.

P. S. Muchos gracias to Jimmy Kayak (aka Jim Taylor) for his shout out about this post and the issue at large. Thanks, man!

Declaration Of Independence Of Cyberspace

Thursday, June 25th, 2009

It seems apropos of current events to re-post this remarkable piece of writing, originally composed back in 1996 by John Perry Barlow.

The Declaration Of Independence Of Cyberspace, crafted as a response to America’s Telecommunications Act of 1996, still resonates very strongly today as we see corrupt governments and grasping corporate authority from all around the world attempt to assume ownership and control of cyberspace. As various laws are passed at the behest and urging of dying media monopolies, designed to shape and constrain the flow of information throughout the internet, depriving citizens in the real world of their basic rights and freedoms, we also see an increasing outrage and awareness on the part of the citizens who inhabit both the real world and cyberspace.

If you are reading these words you are a citizen of cyberspace.

Keep reading.

Three strikes laws that would give corporations the governance under law to decide who is allowed to have access, punitive lawsuits to enforce proscribed consumer behaviour, control of information access through filters and firewalls, disabling entire systems to prevent free speech and informed discourse, unwarranted and unlimited spying on all communications – all these affronts to the democratic rule of law are happening right now and they affect you directly.

There are numerous groups and individuals working on your behalf and you should certainly support their efforts but it also helps when you yourself know what the hell is going on and why these issues are so important.

Read this declaration with a mind to our current events. Maybe even print out a copy and stick it on your wall. Slap your favourite passage on a t-shirt. Share it with friends. Help in whatever way you can to ensure the continued evolution of Cyberspace, the new home of Mind.

A Declaration of the Independence of Cyberspace

by John Perry Barlow

Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather.

We have no elected government, nor are we likely to have one, so I address you with no greater authority than that with which liberty itself always speaks. I declare the global social space we are building to be naturally independent of the tyrannies you seek to impose on us. You have no moral right to rule us nor do you possess any methods of enforcement we have true reason to fear.

Governments derive their just powers from the consent of the governed. You have neither solicited nor received ours. We did not invite you. You do not know us, nor do you know our world. Cyberspace does not lie within your borders. Do not think that you can build it, as though it were a public construction project. You cannot. It is an act of nature and it grows itself through our collective actions.

You have not engaged in our great and gathering conversation, nor did you create the wealth of our marketplaces. You do not know our culture, our ethics, or the unwritten codes that already provide our society more order than could be obtained by any of your impositions.

You claim there are problems among us that you need to solve. You use this claim as an excuse to invade our precincts. Many of these problems don’t exist. Where there are real conflicts, where there are wrongs, we will identify them and address them by our means. We are forming our own Social Contract . This governance will arise according to the conditions of our world, not yours. Our world is different.

Cyberspace consists of transactions, relationships, and thought itself, arrayed like a standing wave in the web of our communications. Ours is a world that is both everywhere and nowhere, but it is not where bodies live.

We are creating a world that all may enter without privilege or prejudice accorded by race, economic power, military force, or station of birth.

We are creating a world where anyone, anywhere may express his or her beliefs, no matter how singular, without fear of being coerced into silence or conformity.

Your legal concepts of property, expression, identity, movement, and context do not apply to us. They are all based on matter, and there is no matter here.

Our identities have no bodies, so, unlike you, we cannot obtain order by physical coercion. We believe that from ethics, enlightened self-interest, and the commonweal, our governance will emerge . Our identities may be distributed across many of your jurisdictions. The only law that all our constituent cultures would generally recognize is the Golden Rule. We hope we will be able to build our particular solutions on that basis. But we cannot accept the solutions you are attempting to impose.

In the United States, you have today created a law, the Telecommunications Reform Act, which repudiates your own Constitution and insults the dreams of Jefferson, Washington, Mill, Madison, DeToqueville, and Brandeis. These dreams must now be born anew in us.

You are terrified of your own children, since they are natives in a world where you will always be immigrants. Because you fear them, you entrust your bureaucracies with the parental responsibilities you are too cowardly to confront yourselves. In our world, all the sentiments and expressions of humanity, from the debasing to the angelic, are parts of a seamless whole, the global conversation of bits. We cannot separate the air that chokes from the air upon which wings beat.

In China, Germany, France, Russia, Singapore, Italy and the United States, you are trying to ward off the virus of liberty by erecting guard posts at the frontiers of Cyberspace. These may keep out the contagion for a small time, but they will not work in a world that will soon be blanketed in bit-bearing media.

Your increasingly obsolete information industries would perpetuate themselves by proposing laws, in America and elsewhere, that claim to own speech itself throughout the world. These laws would declare ideas to be another industrial product, no more noble than pig iron. In our world, whatever the human mind may create can be reproduced and distributed infinitely at no cost. The global conveyance of thought no longer requires your factories to accomplish.

These increasingly hostile and colonial measures place us in the same position as those previous lovers of freedom and self-determination who had to reject the authorities of distant, uninformed powers. We must declare our virtual selves immune to your sovereignty, even as we continue to consent to your rule over our bodies. We will spread ourselves across the Planet so that no one can arrest our thoughts.

We will create a civilization of the Mind in Cyberspace. May it be more humane and fair than the world your governments have made before.

Davos, Switzerland

February 8, 1996

It’s a beautifully written document, isn’t it?

Cheers.