

Currently released so far... 12553 / 251,287
Browse latest releases
2010/12/01
2010/12/02
2010/12/03
2010/12/04
2010/12/05
2010/12/06
2010/12/07
2010/12/08
2010/12/09
2010/12/10
2010/12/11
2010/12/12
2010/12/13
2010/12/14
2010/12/15
2010/12/16
2010/12/17
2010/12/18
2010/12/19
2010/12/20
2010/12/21
2010/12/22
2010/12/23
2010/12/24
2010/12/25
2010/12/26
2010/12/27
2010/12/28
2010/12/29
2010/12/30
2011/01/01
2011/01/02
2011/01/04
2011/01/05
2011/01/07
2011/01/09
2011/01/10
2011/01/11
2011/01/12
2011/01/13
2011/01/14
2011/01/15
2011/01/16
2011/01/17
2011/01/18
2011/01/19
2011/01/20
2011/01/21
2011/01/22
2011/01/23
2011/01/24
2011/01/25
2011/01/26
2011/01/27
2011/01/28
2011/01/29
2011/01/30
2011/01/31
2011/02/01
2011/02/02
2011/02/03
2011/02/04
2011/02/05
2011/02/06
2011/02/07
2011/02/08
2011/02/09
2011/02/10
2011/02/11
2011/02/12
2011/02/13
2011/02/14
2011/02/15
2011/02/16
2011/02/17
2011/02/18
2011/02/19
2011/02/20
2011/02/21
2011/02/22
2011/02/23
2011/02/24
2011/02/25
2011/02/26
2011/02/27
2011/02/28
2011/03/01
2011/03/02
2011/03/03
2011/03/04
2011/03/05
2011/03/06
2011/03/07
2011/03/08
2011/03/09
2011/03/10
2011/03/11
2011/03/13
2011/03/14
2011/03/15
2011/03/16
2011/03/17
2011/03/18
2011/03/19
2011/03/20
2011/03/21
2011/03/22
2011/03/23
2011/03/24
2011/03/25
2011/03/26
2011/03/27
2011/03/28
2011/03/29
2011/03/30
2011/03/31
2011/04/01
2011/04/02
2011/04/03
2011/04/04
2011/04/05
2011/04/06
2011/04/07
2011/04/08
2011/04/09
2011/04/10
2011/04/11
2011/04/12
2011/04/13
2011/04/14
2011/04/15
2011/04/16
2011/04/17
2011/04/18
2011/04/19
2011/04/20
2011/04/21
2011/04/22
2011/04/23
2011/04/24
2011/04/25
2011/04/26
2011/04/27
2011/04/28
2011/04/29
2011/04/30
2011/05/01
2011/05/02
2011/05/03
2011/05/04
2011/05/05
2011/05/06
2011/05/07
2011/05/08
2011/05/09
2011/05/10
2011/05/11
2011/05/12
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Apia
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Auckland
Consulate Amsterdam
Consulate Adana
American Institute Taiwan, Taipei
Embassy Bujumbura
Embassy Buenos Aires
Embassy Budapest
Embassy Bucharest
Embassy Brussels
Embassy Bridgetown
Embassy Bratislava
Embassy Brasilia
Embassy Bogota
Embassy Bishkek
Embassy Bern
Embassy Berlin
Embassy Belmopan
Embassy Belgrade
Embassy Beirut
Embassy Beijing
Embassy Banjul
Embassy Bangkok
Embassy Bandar Seri Begawan
Embassy Bamako
Embassy Baku
Embassy Baghdad
Consulate Barcelona
Embassy Copenhagen
Embassy Conakry
Embassy Colombo
Embassy Chisinau
Embassy Caracas
Embassy Canberra
Embassy Cairo
Consulate Curacao
Consulate Ciudad Juarez
Consulate Chennai
Consulate Casablanca
Consulate Cape Town
Consulate Calgary
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dili
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Helsinki
Embassy Harare
Embassy Hanoi
Consulate Ho Chi Minh City
Consulate Hermosillo
Consulate Hamilton
Consulate Hamburg
Consulate Halifax
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
Embassy Kingston
Embassy Kigali
Embassy Khartoum
Embassy Kathmandu
Embassy Kampala
Embassy Kabul
Consulate Kolkata
Embassy Luxembourg
Embassy Luanda
Embassy London
Embassy Ljubljana
Embassy Lisbon
Embassy Lima
Embassy Lilongwe
Embassy La Paz
Consulate Lahore
Consulate Lagos
Mission USOSCE
Mission USNATO
Mission UNESCO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Mbabane
Embassy Maputo
Embassy Manila
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Mumbai
Consulate Montreal
Consulate Monterrey
Consulate Milan
Consulate Melbourne
Embassy Nicosia
Embassy Niamey
Embassy New Delhi
Embassy Ndjamena
Embassy Nassau
Embassy Nairobi
Consulate Naples
Consulate Naha
Embassy Pristina
Embassy Pretoria
Embassy Prague
Embassy Port Of Spain
Embassy Port Louis
Embassy Port Au Prince
Embassy Phnom Penh
Embassy Paris
Embassy Paramaribo
Embassy Panama
Consulate Peshawar
REO Basrah
Embassy Rome
Embassy Riyadh
Embassy Riga
Embassy Reykjavik
Embassy Rangoon
Embassy Rabat
Consulate Rio De Janeiro
Consulate Recife
Secretary of State
Embassy Suva
Embassy Stockholm
Embassy Sofia
Embassy Skopje
Embassy Singapore
Embassy Seoul
Embassy Sarajevo
Embassy Santo Domingo
Embassy Santiago
Embassy Sanaa
Embassy San Salvador
Embassy San Jose
Consulate Strasbourg
Consulate St Petersburg
Consulate Shenyang
Consulate Shanghai
Consulate Sapporo
Consulate Sao Paulo
Embassy Tunis
Embassy Tripoli
Embassy Tokyo
Embassy The Hague
Embassy Tel Aviv
Embassy Tehran
Embassy Tegucigalpa
Embassy Tbilisi
Embassy Tashkent
Embassy Tallinn
Consulate Toronto
Consulate Tijuana
USUN New York
USEU Brussels
US Office Almaty
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Embassy Vilnius
Embassy Vienna
Embassy Vatican
Embassy Valletta
Consulate Vladivostok
Consulate Vancouver
Browse by tag
APECO
ASEC
AMGT
AFIN
APER
ACABQ
AORC
AEMR
AF
AE
AR
AGMT
AU
AY
ABLD
AS
AG
AJ
APCS
AX
AM
AMEX
ATRN
ADM
AMED
AFGHANISTAN
AZ
AL
ASUP
AND
ARM
ASEAN
AFFAIRS
AQ
ATFN
AMBASSADOR
AODE
APEC
ACBAQ
AFSI
AFSN
AO
ABUD
AC
ADPM
ADCO
ASIG
ARF
AUC
ASEX
AGAO
AA
AER
AVERY
AGRICULTURE
AIT
AADP
ASCH
AORL
AROC
ACOA
ANET
AID
AMCHAMS
AINF
AMG
AFU
AN
ALOW
ASECKFRDCVISKIRFPHUMSMIGEG
ACS
ADANA
AECL
ACAO
AORG
AGR
BEXP
BR
BM
BG
BL
BA
BTIO
BO
BP
BC
BILAT
BK
BU
BD
BRUSSELS
BB
BF
BBSR
BIDEN
BX
BE
BH
BT
BY
BMGT
BWC
BTIU
BN
CA
CASC
CFED
CO
CH
CS
CU
CE
CI
CM
CMGT
CJAN
COM
CG
CIS
CVIS
CR
CKGR
CHR
CVR
COUNTER
CIA
CLINTON
CY
CPAS
CD
CBW
COUNTERTERRORISM
CITEL
CDG
CW
CODEL
COUNTRY
CLEARANCE
COE
CN
CARICOM
CB
CONDOLEEZZA
CWC
CACS
CSW
CIDA
CIC
CITT
CONS
CL
CACM
CDB
CDC
CAN
CF
CJUS
CTM
CBSA
CARSON
CT
CLMT
CBC
CEUDA
CV
COPUOS
CTR
CROS
CAPC
CAC
CNARC
CICTE
CBE
ECON
ETRD
EIND
ENRG
EC
ELAB
EAGR
EAID
EFIS
EFIN
EINV
EUN
EG
EPET
EAIR
EU
ELTN
EWWT
ECIN
ERD
EI
ETTC
EUR
EN
EZ
ETC
ENVI
EMIN
ET
ENVR
ER
ECPS
EINT
EAP
ES
ENIV
ECONOMY
EXTERNAL
EINN
EFTA
ECONOMIC
EPA
EXBS
ECA
ELN
ETRDEINVECINPGOVCS
ENGR
ECUN
ENGY
ECONOMICS
ELECTIONS
EIAR
EINDETRD
EREL
EUC
ECONEFIN
EURN
EDU
ETRDEINVTINTCS
ECIP
ENERG
EFIM
EAIDS
EK
ETRDECONWTOCS
EINVETC
ECONCS
EUNCH
ESA
ECINECONCS
EUREM
ESENV
EFINECONCS
ETRC
ENNP
EAIG
EXIM
EEPET
EINVECONSENVCSJA
EUMEM
ETRA
ERNG
ETRO
ETRN
EINVEFIN
ICTY
IN
IS
IR
IC
IZ
IA
INTERPOL
IAEA
IT
IMO
IO
IV
ID
IRAQI
IEA
INRB
IL
IWC
ITU
ICAO
ISRAELI
ICRC
IIP
IMF
IBRD
ISLAMISTS
ITALY
ITALIAN
ILO
IPR
IQ
IRS
IAHRC
IZPREL
IRAJ
IDP
ILC
ITF
ICJ
IF
ITPHUM
INMARSAT
ISRAEL
IACI
IBET
ITRA
INR
IRC
IDA
ICTR
IGAD
INRA
INRO
IEFIN
INTELSAT
INTERNAL
INDO
ITPGOV
KWMN
KSCA
KDEM
KTFN
KIPR
KCRM
KPAL
KE
KPAO
KPKO
KS
KN
KISL
KFRD
KJUS
KIRF
KFLO
KG
KTIP
KTER
KRCM
KTIA
KGHG
KIRC
KU
KPRP
KMCA
KMPI
KSEO
KNNP
KZ
KNEI
KCOR
KOMC
KCFC
KSTC
KMDR
KFLU
KSAF
KSEP
KSAC
KR
KGIC
KSUM
KWBG
KCIP
KDRG
KOLY
KAWC
KCHG
KHDP
KRVC
KBIO
KAWK
KGCC
KHLS
KBCT
KPLS
KREL
KCFE
KMFO
KV
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KFTFN
KVPR
KTDB
KSPR
KIDE
KVRP
KTEX
KBTR
KTRD
KICC
KCOM
KO
KLIG
KDEMAF
KMRS
KRAD
KOCI
KSTH
KUNR
KNSD
KGIT
KFSC
KHIV
KPAI
KICA
KACT
KHUM
KREC
KSEC
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KCMR
KPIN
KESS
KDEV
KNAR
KNUC
KPWR
KENV
KWWMN
KWMNCS
KPRV
KOM
KBTS
KCRS
KNPP
KWNM
KRFD
KVIR
KTBT
KAID
KRIM
KDDG
KRGY
KHSA
KWMM
KMOC
KSCI
KPAK
KX
KPAONZ
KCGC
KID
KPOA
KIFR
KFIN
KWAC
KOMS
KCRCM
KNUP
KMIG
KNNPMNUC
KERG
KTLA
KCSY
KJUST
MOPS
MARR
MASS
MNUC
MX
MCAP
MO
MR
MI
MD
MK
MA
MP
MY
MTCRE
MOPPS
MASC
MIL
MTS
MLS
MILI
MAR
MU
MEPN
MAPP
MTCR
MEPI
MZ
MEETINGS
MG
MW
MAS
MT
MCC
MIK
ML
MARAD
MV
MERCOSUR
MTRE
MPOS
MEPP
MILITARY
MDC
MQADHAFI
MUCN
MRCRE
MAPS
MEDIA
MASSMNUC
MC
NZ
NZUS
NL
NU
NATO
NP
NO
NIPP
NE
NH
NR
NA
NPT
NI
NSF
NG
NSG
NAFTA
NC
NDP
NEW
NRR
NATIONAL
NT
NS
NASA
NAR
NV
NORAD
NSSP
NK
NPA
NGO
NSC
NATOPREL
NW
NPG
NSFO
OPDC
OTRA
OIIP
OREP
OVIP
OSCE
OEXC
OIE
OPRC
OAS
OPIC
OTR
OMIG
OSAC
OFFICIALS
OECD
OSCI
OBSP
OFDA
OPCW
ODIP
OFDP
OES
OPAD
OCII
OHUM
OVP
ON
OIC
OCS
PHUM
PREL
PGOV
PINR
PTER
PARM
PREF
PM
PE
PINS
PK
PHSA
PBTS
PRGOV
PA
PORG
PP
PS
PGOF
PL
PO
PARMS
PKFK
PSOE
PEPR
PAK
POL
PPA
PINT
PMAR
PRELP
PREFA
PALESTINIAN
PBIO
PINF
PNG
PMIL
PFOR
PUNE
PGOVLO
PAO
POLITICS
PHUMBA
PSEPC
PTBS
PCUL
PROP
PNAT
PNR
POLINT
PGOVE
PROG
PHALANAGE
PARTY
PDEM
PECON
PROV
PHUMPREL
PGOC
PY
PCI
PLN
PDOV
PREO
PGIV
PHUH
PAS
PU
POGOV
PF
PINL
POV
PAHO
PRL
PG
PRAM
POLITICAL
PARTIES
POLICY
PGOVSMIGKCRMKWMNPHUMCVISKFRDCA
PGGV
PHUS
PSA
PHUMPGOV
PEL
PSI
PAIGH
POSTS
PBT
PTERE
RS
RU
RW
RM
RO
RP
REGION
RSP
RF
RICE
RCMP
RFE
RIGHTS
RIGHTSPOLMIL
ROBERT
RUPREL
RELATIONS
ROOD
REACTION
RSO
REPORT
SENV
SNAR
SCUL
SR
SC
SOCI
SMIG
SI
SP
SU
SO
SW
SY
SA
SZ
SAN
SF
SN
STEINBERG
SG
ST
SIPDIS
SNARIZ
SNARN
SSA
SK
SPCVIS
SOFA
SAARC
SL
SEVN
SARS
SIPRS
SHUM
SANC
SWE
SHI
SYR
SNARCS
SPCE
SYRIA
SEN
SH
SCRS
SENVKGHG
TRGY
TSPL
TPHY
TSPA
TBIO
TI
TW
THPY
TX
TU
TS
TZ
TC
TH
TT
TIP
TO
TERRORISM
TRSY
TINT
TN
TURKEY
TBID
TL
TV
TNGD
TD
TF
TP
TFIN
TAGS
TK
TR
UNSC
UK
UNGA
UN
US
UNHRC
UG
UP
UNMIK
UNHCR
UE
USTR
UNVIE
UAE
UZ
UY
UNO
UNESCO
USEU
USOAS
UV
UNODC
UNCHS
UNFICYP
UNEP
UNIDROIT
UNDESCO
UNDP
UNPUOS
UNC
UNAUS
USUN
UNCHC
UNCHR
UNCND
UNICEF
UNCSD
UNDC
USNC
USPS
USAID
Browse by classification
Community resources
courage is contagious
Viewing cable 05OTTAWA2970, CANADIAN STAKEHOLDERS' CONCERNS ON COPYRIGHT
If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:
- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #05OTTAWA2970.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
05OTTAWA2970 | 2005-10-04 18:21 | 2011-04-28 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Ottawa |
This record is a partial extract of the original cable. The full text of the original cable is not available.
041821Z Oct 05
UNCLAS SECTION 01 OF 03 OTTAWA 002970
SIPDIS
SENSITIVE
DEPT PASS USTR FOR CHANDLER AND ESPINEL
E.O. 12958: N/A
TAGS: ETRD KIPR CA
SUBJECT: CANADIAN STAKEHOLDERS' CONCERNS ON COPYRIGHT
AMENDMENT, SPECIAL 301 OCR, AND ENFORCEMENT
REF: A. OTTAWA 2833 (DEMARCHE ON SPECIAL 301
OUT-OF-CYCLE REVIEW)
¶B. SECSTATE 173476 (DEMARCHE ON SPECIAL 301
OUT-OF-CYCLE REVIEW)
¶C. OTTAWA 1168 (CANADIAN REACTION TO GOC'S PROPOSED
COPYRIGHT LAW AMENDMENTS)
¶1. (SBU) Summary: We have met again with intellectual
property (IP) rightsholders to discuss their views of GOC
moves on IPR. Canadian industry frustration with ineffective
IPR enforcement continues to grow, and further review of the
proposed copyright amendment legislation (C-60) has revealed
some complexities and emerging disagreement among
stakeholders. The Canadian Motion Picture Distributors
Association (CMPDA) also raised a new issue: camcording of
new-release movies in theaters, which seems to be a
significant problem in Canada. End Summary.
COMMENTS ON PROPOSED AMENDMENTS TO THE COPYRIGHT ACT
--------------------------------------------- -------
¶2. (SBU) In our meetings with IP rightsholders in Ottawa and
Toronto, we found that most stakeholder concerns with C-60,
the draft legislation to amend Canada's Copyright Act, were
familiar (see Ottawa 1168). However, time has fine-tuned
industry concerns and highlighted subtle differences in
stakeholder positions.
¶3. (SBU) Internet Service Provider (ISP) Liability: For
example, while the current USG action plan and U.S.
stakeholders emphasize the need for a notice-and-takedown
regime, Canadian industry opinions are mixed on the need to
push for notice-and-takedown. The Canadian Motion Picture
Distributors Association (CMPDA) is satisfied with the
current notice-and-notice proposal in the draft legislation,
hoping that the record-keeping requirements for ISPs will
help their industry keep track of actions against online
infringers. In CMPDA's view, the advent of peer-to-peer
filesharing has lessened the need for notice-and-takedown,
since fewer users are downloading their files from large
websites of infringing material. On the other hand, the
Canadian Recording Industry Association (CRIA), Canadian
Alliance Against Software Theft (CAAST) and U.S.-based
Business Software Alliance (BSA) representatives strongly
believe that their industries still need a
notice-and-takedown regime. This divergence seems to depend
on how an industry's products are pirated and how
recalcitrant they anticipate the GOC will be on the issue.
Entertainment Software Association (ESA) representatives
opined that the GOC "isn't going to budge" on the issue of
notice-and-notice, possibly because of fears that a
notice-and-takedown regime could be unconstitutional in
Canada. C-60's general waiver of ISP liability was deemed
overly broad by all stakeholders; they felt that the waiver
of liability shouldn't be a blank check and that ISPs should
be held responsible for the content of their users' websites
once they become aware of the presence of copyright
infringing files.
¶4. (SBU) Trafficking in circumvention "tools" (devices and
software): Even in this area, which generally prompts a
chorus seeking a ban against trafficking in tools to
circumvent technological protection measures (TPM), industry
associations were not entirely in agreement. CMPDA, CRIA,
CAAST, and ESA are all firmly pushing for trafficking in TPM
circumvention tools to be made illegal. Currently the draft
legislation requires that the rightholder prove "intent to
infringe" for trafficking in tools to be illegal, and as one
industry representative points out, they already need to
prove intent and therefore this legislative change doesn't
give them any more ability to fight piracy. Industry
representatives would also like a law that allows them to go
after the larger-scale pirates selling circumvention tools,
rather than continuing to have to go after the "little guys"
who use them. However, the Information Technology Association
of Canada (ITAC) represents security firms who occasionally
circumvent TPMs, either to test their efficacy or to create
fixes for various holes in the security. ITAC says that
these niche activities need the protection of the "intent"
clause, although others argue that circumvention for reasons
other than infringement could be specifically exempted in the
legislation or could fall under 'fair use'. Prompted by its
cyber-security members, ITAC therefore opposes any move to
make trafficking in or creating TPM circumvention tools
illegal and supports the current requirement to prove intent
to infringe. (SBU comment: In an off-hand remark, an ITAC
VP mentioned that ITAC may feel the need to "push the other
side" to balance the anticipated lobbying from ESA, who will
push strongly for trafficking in circumvention tools to be
illegal regardless of intent. End comment.)
¶5. (SBU) Circumvention of TPMs intended to prevent access:
In what the CMPDA characterizes as a possible oversight in
the draft legislation, C-60 does not seem to make
circumvention of TPMs intended to prevent access (as opposed
to distribution) an offense. As with other issues of TPM
circumvention, the major industry associations hope to fix
this omission in the upcoming committee hearings on the draft
legislation.
¶6. (SBU) No criminal sanctions for infringement: CRIA, ESA
and CMPDA note that the WIPO treaties require "effective"
deterrents to copyright infringement. C-60 as drafted does
not provide any criminal provisions for circumvention, which
CRIA and CMPDA believe will mean that Canada does not have
adequate legal protection and effective remedies against
copyright infringement. An ESA representative pointed out
that the original Heritage Committee recommendations for
legislation included a recommendation for criminal provisions
for circumvention. (Comment: Per reftels, Heritage Canada's
stronger stance on IPR protection has been generally
undermined by Industry Canada's pressure for "balance." End
comment.)
¶7. (SBU) Can C-60 be saved?: One of the most contentious
insights that has arisen during recent consultations with IPR
stakeholders is the question of whether stakeholders even
want the bill to pass. Some industry representatives
predicted that the bill will "die on paper" and criticized
the potential for amending it in committee as likely to
result in "a mess". These representatives expressed the
expectation and hope that the legislation would be scrapped
and described as a best-case-scenario the legislation dying
after oral submissions (so that industries could make
comments.) On the other hand, when asked if they wanted the
bill to die, other industry representative seemed surprised
and explained that their members would rather see this draft
fixed, since if the bill dies, progress will be delayed for
another year.
CUSTOMS ENFORCEMENT
--------------------
¶8. (SBU) Numerous stakeholders noted that Justice Ministry,
Canadian Border Services Agency (CBSA) and Royal Canadian
Mounted Police (RCMP) top priorities--terrorism, the border,
and counterfeits with safety issues like fake
pharmaceuticals--do not currently leave much attention or
funding for copyright protection. Anecdotal evidence of
progress, including RCMP training and minor counterfeit
seizures, was countered by general frustration over CBSA's
lack of power and all three agencies' inaction. Since RCMP
and Customs often do not respond to industry information on
infringement, Embassy has requested greater industry feedback
on industry's own enforcement actions. CMPDA gave an example
of a private seizure of 11,000 counterfeit DVDs from one
store in Toronto's Pacific Mall. (After giving the owner a
list of counterfeit DVDs that the owner agreed to hand over,
CMPDA officials were not surprised to return the next day to
find the store completely restocked...with counterfeit DVDs.)
ESA representatives also indicated that they intend to lobby
for more RCMP resources to combat copyright infringement;
they also hope to find a way for CBSA to have more power to
seize shipments (although ESA and CMPDA mentioned that the
border may become less important as Canadian-made
counterfeiting increases). Obviously enforcement is an
ongoing issue for IPR stakeholders, and we will provide
further information as we receive it. (Comment: one contact
told econoff of a recent discussion with a prominent IPR
lawyer who suggested that industry associations not even try
for criminal sanctions for TPM circumvention in C-60, since
it would not be enforced and therefore would be just one more
toothless law on the books. End comment.)
CAMCORDING IN THEATERS
-----------------------
¶9. CMPDA raised a new issue in meetings last week:
camcording new-release movies in theaters to create
counterfeit DVDs that often hit the streets within hours of
the official movie premiers. Because movies open in Canada
at the same time as in the United States, and because movies
in Canada are shown in both French and English, Canada has
become a primary source for camcorded counterfeits. In fact,
according to CMPDA, of all theaters which are used for
camcording new-release movies, 40 percent are in Canada, with
the majority of that 40 percent coming from just two theaters
in Montreal. CMPDA has worked with the theater owners in
question and is engaged in training their staff to combat
this activity, but without any law against camcording in
theaters, options are limited. RCMP and the local police
can't do anything without proof of commercial intent, and
generally the best CMPDA can hope for is that the offenders
will be ejected from the theater for that particular showing.
CMPDA is developing an estimate of the economic loss from
this sort of piracy, which they hope to use to prompt an
amendment to the criminal code outlawing camcording in
theaters. We have requested a copy of their loss estimates
when compiled, and we will continue to follow this issue
closely.
Visit Canada's Classified Web Site at
http://www.state.sgov.gov/p/wha/ottawa
WILKINS