It’s not wonderful, but as he points out, it could have been much worse:
In the days leading up to the clause-by-clause review, many focused on three key issues: no SOPA-style amendments such as website blocking or warrantless disclosure of information, maintaining the fair dealing balance found in the bill, and amending the digital lock provisions. By that standard, the changes could have been a lot worse. The government expanded the enabler provision, though not as broadly as CIMA requested. Virtually all other copyright lobby demands – website blocking, notice-and-takedown, iPod tax, copyright term extension, disclosure of subscriber information – were rejected. Moreover, the provisions supported by consumer and education groups including user generated content protection, time shifting, format shifting, backup copies, Internet provider liability, and statutory damages reform were left untouched. This represents a major victory for the many Canadians and groups such as Open Media that spoke out on these issues.
The fair dealing provision was similarly left unchanged despite a full court press from publishers and copyright collectives who sought elimination of the education category within fair dealing (didn’t happen), inclusion of the Berne three step test in the law (didn’t happen) or a new fair dealing test that overrules the Supreme Court of Canada CCH test (didn’t happen). The expanded fair dealing provision will not cause the horrors claimed by those groups and it is heartening that the government dismissed the misinformation campaign.
The only loss was the least surprising — digital locks. Despite widespread support for compromise legislation and sensible amendments from both the NDP and Liberals, the government rejected any changes. Given the government’s consistent support for digital locks, the ongoing pressure from the U.S., and Prime Minister Harper’s direct intervention on the issue in 2010, amending the digital lock rules presented a major challenge. Government MPs yesterday emphasized the possibility of future new exceptions via regulation but that will be cold comfort in the short term to those with perceptual disabilities, researchers, documentary film makers, consumers, and the many others adversely affected by the restrictive approach. In fact, one NDP MP raised the possibility of constitutional challenges to the bill.
