Showing posts with label Canadian Heritage. Show all posts
Showing posts with label Canadian Heritage. Show all posts

Sunday, January 29, 2023

"I am Canadian", and I engage in "Nice Racism"



I've been reading "NICE RACISM: How Progressive White People Perpetuate Racial Harm" by Robin DiAngelo.


As I read, I can't help but have that "I Am Canadian" Molson slogan and commercial from a few decades ago in my mind.

 

  • I'm not a lumberjack, or a fur trader, but I support unrestricted resource extraction no matter what the harm
  • I don't live in an igloo, or eat blubber, or own a dogsled, and I have no concerns about the genocidal policies by Canadian Governments against the people who do. (This ramped up in the 1950's, even after Europe started to grapple with the concept of genocide in the late 1940's)
  • I live under a Constitutional Monarchy, not a self-determined responsible democracy
  • I believe it is perfectly reasonable to require someone to "swear (or affirm), That I will be faithful, And bear true allegiance" to a White Supremacist institution as a condition of becoming a Canadian Citizen, or to hold a wide variety of positions of authority (member of parliament, senator, etc).
  • I partly define my identity by thinking I, as a Canadian, am better than a citizen of the United States -- That Canada is better than the United States
  • I believe Canadians are polite people
  • I believe Racism is a US and not Canadian problem
  • I believe Canada is a "just society" and respects human rights domestically and internationally, even thought I have never read the Canadian Constitution, Canadian Charter, or the reports of any Human Rights body discussing Canada
  • I believe all Indigenous Nations on the northern part of this continent lost a war and ceded all their land to Britain and/or Canada in some distant past (that has nothing to do with today), even though nobody can name the wars, offer dates, or provide any documentation for these alleged events
  • I believe "We are a multicultural society"
  • I believe "We pay respect to Indigenous people"
  • I believe "Canada never had slavery"
  • My name is Russell, and I am Canadian!!!


The last three (before my name as the expected finale) were taken from page 98 of "Nice Racism", in a chapter discussing the moves to innocence of White progressives.

As a generalization, Canadians think of themselves as more "progressive" than citizens of the USA. Rather than this being a reason for Canadians to believe this book by a US author has nothing to do with them, it is actually part of what makes this book (as a percentage of the population) more about Canadians than US citizens.

US citizens tend to be more loud and proud patriotic people : Canadian identity includes the belief we are more "nice" and "polite".

I could go through each of the bullets I threw in above, but the ones from the book are a good start.

We are a multicultural society?

The Dominion of Canada is a bi-colonial (Britain, France) series of institutions.

During the P.E. Trudeau era, bi-colonialism was rebranded biculturalism (meaning English and French), and then dishonestly marketed as multiculturalism.

Even the notion that Canada is a "just society" was used as a rhetorical device by the Trudeau government as part of the marketing of what was essentially racist bi-colonial policies.

Culture is narrowly defined as food, clothing/fashion, and other more superficial things which people are allowed to maintain. When it comes to less superficial things it is made clear in the new so-called "Charter of Rights and Freedoms" passed as part of Canada Act 1982 that the official languages, worldviews and laws of Canada remain British and French.

Even though this continent has been a polyglot for tens of thousands of years, with many nations and worldviews, two foreign European worldviews are aggressively imposed by the Dominion of Canada governments.

While Canadian loyalists are quick to call Quebec's Bill 96 racist, they are generally unwilling to recognize that Canada's Charter and most of the core policies of the Trudeau government are far more racist. The Charter isn't a temporary provincial bill that can easily be changed, but part of the racist Canadian legal framework that other bills (including Bill 96) are judged by.


If you have done some of the work to learn about Racism and White Supremacy (systems, not about individuals), you will notice what qualifies as "Rights and Freedoms" has a clear White racial frame that is narrowly focused on the concerns of peoples that emerged from the unique history of Western Europe (a focus on Britain and France).

We pay respect to Indigenous people?

Also during the P.E. Trudeau Era, Trudeau's Minister of Indian Affairs, Jean Chrétien, tabled what ended up being called the "1969 White Paper". This was the then Liberal government's "final solution" to the so-called "Indian Problem". It would be a final "Kill the Indian, Save the Man" policy that wiped out any respect or recognition of Indigenous peoples.

The Trudeau Government tried this again in the 1980's during the so-called "patriation" of the Constitution, and required the Constitutional Express to ensure that the Trudeau's governments Racist/Genocidal ideology wasn't fully encoded in Canada Act 1982.

I mention P.E. Trudeau as many Canadians believe he was a "progressive" Prime Minister. His attitude towards Indigenous Peoples, who he regularly claimed were a conquered people and his support of many genocidal policies, is actually quite informative for understanding what qualifies as "progressive" by Canadians. The younger Trudeau uses more careful and "politically correct" language, but upholds the same general policy goals of his father's government.

I was born in 1968, the same year P.E. Trudeau first became Prime Minister. I believe that P.E. Trudeau was the most visibly racist Prime Minister during my lifetime, as the marketing of racist policies has radically changed over my lifetime even if the overall policy goals have not.


Some individuals may have stopped openly calling for "Kill the Indian, Save the Man" genocidal policies, and some believe in "Diversity, Equity & Inclusion" of Indigenous peoples into Canadian society.  They may not recognize that advocating for inclusion into colonial "Canadian" law/society is itself disrespectful, and is in fact the goal of most of Canada's "Kill the Indian, Save the Man" genocidal policies.


There are some individual Canadians who are advocating the recognition of the Right of Self-Determination of Indigenous peoples. This is a right recognized in the UN Charter that Canada has aggressively opposed starting before the (Eurocentric) League of Nations became the United Nations. Canada was one of the 4 offensive nations that voted against the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) which also recognizes the Right of Self-Determination.

As punishment for sending a representative to the League of Nations in 1923 to have their Right of Self-Determination recognized, Canada sent in the RCMP in 1924 to forcibly depose the Haudenosaunee Confederacy -- the oldest Participatory Democracy on the Planet. Canada still refuses to recognize the right of self-determination, or allow any responsible government to be seen to represent Indigenous nations to the Canadian government under Section 35 of Canada's own constitution. Opposing democracy and responsible governments, Canada still relies on the fundamentally racist section 91(24) of Canada's Constitution to determine who to limit "consultation" of Indigenous individuals to.

Imagine for a second if Germany had a section of their constitution that granted Power to a specific level of government for "Jews, and Lands reserved for the Jews". Once you do, you can begin to understand how Racist Canada's Constitution and laws derived from it are.


Note the "s" in peoples: This isn't related to individuals or Canada's alleged multiculturalism. This involves many different nations/peoples and not some pan-Indigenous concept. Canada was one of the Eurocentric "nations" that opposed the rights of "peoples" being protected in the so-called "Universal Declaration of Human Rights", which itself constituted a rejection of the notion that UN UDHR is universal. Rights recognized in that declaration are focused on individuals.

These are basic Human Right of peoples that Canada actively denies: Canada is not respectful of Indigenous peoples or their rights, and many genocidal policies are ongoing.

Some individual Canadian genocidal policies like Residential Schools have recently (within my lifetime) ended, but the overall genocidal policy goals simply moved to the child welfare and other systems.

Most Canadians, however, believe the myth that Canada (the system, the governments, etc) are a force for good and justice in the world, and do not feel any personal responsibility for ongoing genocidal policies that these governments do in their name (and thus they DO have responsibilities, even if they are unaware of the harm from their individual action or inaction).


Canada never had slavery?


I have heard this my entire life, and even when growing up the dates never matched up in my head. I assumed, because of what I now recognize as Autism, that I was somehow wrong and didn't understand.

In 1833 Britain started on a gradual project to abolish slavery. It was not made immediately illegal in the entire of the British Empire, and Britain even compensated so-called "owners" for this gradual policy change.

The USA claims they abolished slavery in 1865, at the end of what they called the "American Civil War", the second of such civil wars where British colonies on this continent fought each other to separate from each other.

Britain unilaterally created the Dominion of Canada in 1867: without the permission or even awareness of the vast majority of inhabitants of the lands that were alleged to be governed by "Canada" at the time. There was then the massive violent colonial expansion of Canada on this continent that happened after that date. (The gc.ca map shows the dates, but the explanations are pretty much propaganda.  Canada never legally acquired "Rupert's Land and the North Western Territory", etc).


A component of the belief Canada never had slavery is that anything that these individuals or their colonial governments did prior to the passage of the first of 11 BNA Acts doesn't count. Somehow what people in these colonies thought and did magically changed between that bill receiving Royal Assent on 29th March 1867 and going into effect 1st July 1867.


The Underground Railroad went both ways across the imaginary line drawn between colonies who remained loyal to Britain and the 13 British colonies that launched the first civil war between British colonies on this continent to separate (what the USA labels a War of Independence 1775-1783).

The primary differences between the United States, Canada, and the Confederate States was not morality, but economic: The economies of the most southern British colonies on this continent were more dependent on cheap labor (slavery is primarily an economic policy), while the more northern regions were moving into other industries.  Where the south relied on cheap labor, the north relied on cheap resources (and thus more aggressive dispossession of Indigenous jurisdiction over land from which these resources would be extracted without concern for any future consequences).



 

As I discuss each of these aspects of Canadian Culture, I am including myself. I have been part of and indoctrinated by Canadian Culture. It is only recently that I have become aware of and capable of questioning some of those myths.

One of the book chapters is titled "Let's talk about shame".

DiAngelo included a quote from an article by Joseph Burgo Ph.D..

Although many people use the two words "guilt" and "shame" interchangeably, from a psychological perspective, they actually refer to different experiences. Guilt and shame sometimes go hand in hand; the same action may give rise to feelings of both shame and guilt, where the former reflects how we feel about ourselves and the latter involves an awareness that our actions have injured someone else. In other words, shame relates to self; guilt to others.

DiAngelo discusses how White people are often more comfortable expressing shame than guilt as guilt suggests we are personally responsible and that they need to do something (do better, be better). Shame doesn't suggest there is anything to do -- you are what you are, and that's it.

I have realized that I don't feel shame or guilt when it comes to my Whiteness. It is possible that the way that I think might help fellow White people move away from trying to protect their personal comfort/feelings/reputation/etc and move on to helping fix structural problems.


I look at Racism and other systems/policies like I do technology.

What I am, my phenotype including my lack of melanin in my skin, is hardware. Biology is hardware.

Isms, like Capitalism, Socialism, Colonialism, Racism, Androcentrism, Anthropocentrism are software.



I personally categorize some of these systems as malware, and societies with these systems are in need of anti-virus and other anti-malware work.



I know for a FACT I'm deeply personally infected with Racism. This malware causes me to have harmed and continue to harm other people, and I have further infected other people because Racism is contagious.

I am publicly admitting I have engaged in Racist activities. For most of my life I have actively upheld Racist policies because I had not yet recognized this set of software/policies as malware.

It will take a long time, if it is even possible in my time remaining alive, to entirely rid myself of the impacts from the malware infection of Racism. That is not an excuse to do nothing, but a recognition that I must put considerable time into anti-malware work.



These systemic/software problems are not about biology/hardware, and they are not something that we are. This is all software which can (an in the case of malware, must) change.

We should not feel shame, and we should never feel like there is nothing we can do.

I am quite angry with "Canada" (A set of policies, not a place or a group of people) which not only actively spreads and enforces malware, but seeks to make it illegal to work on anti-malware strategies. There is so much funding to spread Canadian malware, including entire Canadian Federal government departments.





I Am Canadian, but not a loyal, patriotic or proud Canadian.


Friday, November 5, 2021

"Music Theory", "Canadian Values" and the Department of Canadian Heritage

I am recommending a video discussing music theory, but I feel it should have a bit more Canadian context.

Remember the controversy when Kellie Leitch suggested having a screening of new immigrants for "Canadian Values"?  Some provinces and the federal government have related screening, so the suggestion being controversial is subjective.

While conceived of during the Brian Mulroney government, and formalized during the short Kim Campbell government, the Department of Canadian Heritage was fully formed during the Jean Chrétien government. The department's first Minister was Sheila Copps (1996-2003).

The following is an excerpt from the Department of Canadian Heritage Act.

 (1) The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to Canadian identity and values, cultural development and heritage. (emphasis added)


While it shouldn't need saying, this continent isn't part of Europe. And yet it is two European languages and cultures (English and French) that are the primary focus of the Heritage Act, department, and parliamentary committee. That bi-colonialism is also core to the so-called "Canadian Charter of Rights and Freedoms", imposed during the P.E. Trudeau era.


Let's think about "Music Theory".



Friday, July 2, 2021

What Bill C-10 is really about.

The letter to the editor I sent to the Hill times was too long, so Kate Malloy (Editor) did her magic and published:

 

The following is the unedited version with hyperlinks added.




I've been active in related areas of policy since the 1990's, so have watched the damage caused by the Department of Canadian Heritage (created in 1993 and given royal assent in 1995). This is a department whose Minister was granted jurisdiction over "Canadian identity and values, cultural development, heritage and areas of natural or historical significance to the nation" (from 4(1) of An Act to establish the Department of Canadian Heritage).


The departmental mandate includes Official Colonial Languages. Given what I have finally learned since the start of 2020 about what the Governments of Canada continue to do to the Indigenous peoples of this homeland, this mandate has a very different meaning for me than it did previously.



Two areas of technology law where that mandate is in conflict are Copyright and Broadcasting, but these were incorrectly included in 4(2) of the Act. These are areas of policy that should always have been the jurisdiction of the department currently called Innovation, Science and Economic Development (ISED), as transferred from the previous Department of Communications.

Sheila Copps set the tone as the first Minister of Canadian Heritage from 1996 through 2003. I met (and debated with her) in the context of Copyright law several times.


Ms. Copps saw intermediaries, such as broadcasters and collective societies, as proxies for creators. When discussing the 1996 WIPO treaties, and technological protection measures, she saw technology companies as one of those proxies. She believed that what was good for Apple, Amazon, Sony, Microsoft and Google would somehow be good for Canadian creators. It shouldn't be lost that the same Heritage thinkers claim to be so concerned with "Big Tech" given it was their flawed thinking which helped create that problem in the first place.

Ms. Copps and her Department of Canadian Heritage helped create a situation between Canadian creators and technology intermediaries that is not unlike Stockholm syndrome.

When the government of the day wouldn't provide an adequate budget for stable arts funding, Ms. Copps would create unaccountable and corrupt cross-subsidy schemes through the CRTC (Cable Production Fund, Canadian Television Fund, Canadian New Media Fund, Canadian Media Fund) and Copyright Board (Private Copying Levy, Access Copyright educational copying, and other compulsory or near-compulsory cross-subsidy schemes).

As technology changes, the department pushes to shift these cross-subsidy schemes into new sectors rather than finally recognizing the schemes were wrong from the beginning.


Once the tone was set, every Heritage minister since, Conservative or Liberal, and every Standing Committee on Canadian Heritage (CHPC), has followed her lead.

When I was very active in copyright with what a decade later was passed in 2012 as Bill C-11, I would closely follow what was said from MPs from the Standing Committee on Industry, Science and Technology (INDU) committee and those from the Standing Committee on Canadian Heritage (CHPC). It was my observation, including from meeting MPs in person, that the difference in views between an MP on INDU vs CHPC was far greater than the difference in views between a Conservative and NDP MP in the same committee.

During the 2019 review of the Copyright Act, INDU was forced to put out a press release reprimanding the CHPC for what for many people was yet another report from CHPC which read as if it were written by corporate lobbyists rather than a committee pretending to be concerned with the public interest.



The same is regularly said of the CRTC, which largely acts as a lobbyist for specific corporations rather than regulating in the public interest.


So, what is Bill C-10 really about?


In clause 1 it redefines "broadcasting" to include activities not related to broadcasting in order to yank jurisdiction away from ISED (INDU committee, and agencies such as the competition bureau, privacy commissioner, etc) toward Heritage and the CRTC.

It really is that simple. There is further discussion of cross-subsidy and other schemes, and some pennies to Indigenous languages and content to distract from the Heritage department's primary colonial mandate, but the core of the bill is a corrupt power grab between government departments and agencies.

While the Internet needs to be regulated, that regulation must be via a department and ministry, studied by a parliamentary committee, and managed by regulators that are looking at these issues from a lens that is the opposite of what Heritage and CRTC will offer.

  • We need to remove "Broadcasting" and "Copyright" from the Department of Canadian Heritage, and move those areas of policy to ISED where they always should have been. Only then should the policy in Bill C-10 be revisited with the appropriate lens.
  • We need to properly fund and empower the Competition Bureau, Privacy Commissioner, Consumer Affairs, and related agencies to handle a growing number of Internet issues.
  • We need to complete the digital transition, not continue to regulate digital technology as if it were still analog. (See letter from March 1, 2021, copied below)
  • We (including fellow creators) need more choice and competition in content distribution technologies, not less via central control.
  • We need to disallow content distribution intermediaries from controlling technology which they don't own, such as was allowed/enforced in "Copyright" under "technological protection measures".
  • We need creators to have more control over their own content distribution to maximize the benefits for themselves, rather than continuing to allow intermediaries to extract maximum benefits off the backs of creators.
  • We need to empower audiences to make their own choices of what creativity they access. While we need to regulate situations where the sender is the content programmer (as was the case with analog-era broadcasting), we should never be regulating scenarios such as on-demand content libraries where it is the audience doing their own programming. (Discoverability is a Competition policy issue, not a Cultural policy issue)
  • We must end unaccountable cross-subsidy schemes, especially never extracting money from services deemed essential during the pandemic to sectors which were not.



Russell McOrmond
Ottawa, Ont.
(The letter-writer is an internet consultant.)



Feds should complete digital transition as part of its response to COVID

March 1, 2021


Re: “Bell Canada’s cuts were a shoddy way to treat people,” (The Hill Times, Feb. 10, by Andrew Caddell). I would like to point policy-makers to my May 2020 submission to the Standing Committee on Industry, Science and Technology. In it, I suggested that the government complete the digital transition as part of its response to COVID.

The summary is that the pandemic demonstrated that communications infrastructure is an essential service. While having vertical integration was required by analog technology given you couldn’t put both telephone and television signals on the same wires, this is no longer the case with digital technology.

With digital technology the obvious way to manage the physical layer within municipalities is as a utility, where municipalities own and manage the infrastructure as they do with all other infrastructure. A competitive private sector can then offer services “over the top,” as happens with other infrastructure including roads. With an actual digital transition, we no longer need to have an exception for this communications utility.

While Bell Canada was necessary when we needed a dedicated analog telephone system, this time is long past. Any laws granting analog-era, private-sector privileges to right-of-way or wireless spectrum, including the Bell Canada Act, should be phased out as part of completing the digital transition.


Russell McOrmond
Ottawa, Ont.
(The letter-writer is an internet consultant.)

Friday, December 11, 2020

Heritage Minister and Committee misunderstand the purpose of the Broadcasting Act.

The text of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, didn't surprise me. It is only the latest example of a Heritage Minister and the Standing Committee on Canadian Heritage misunderstanding their mandate and the purpose of various laws.  The problem isn't specific to any political party, as Heritage Ministers from the Liberals or Conservatives, and Heritage Committee members from all parties, have all exhibited the same problems. I'm just going to use the term "Heritage" to refer to this group.


The Conflict of Interest

A big part of what the Department of Canadian Heritage does is provide funding to creative Canadians -- arts funding, entertainment funding, and funding for heritage projects (including libraries and archives).  The Heritage Minister and Committee are intended to direct that department, so will also have a focus on that funding.

But, for a variety of reasons, the cabinet doesn't provide adequate funding in the budget for the department.  So, Heritage looks elsewhere to try to provide funding. They have unfortunately grabbed onto the false premise that if they modify legislation that grants intermediaries between creators and their audiences more power, then magically creators will get paid more.

I first noticed this flawed notion with Copyright, where the livelihoods of fellow creators are being harmed by Heritage policies which increase the power of the intermediaries at the expense of creators. The first example I noticed was legal protection for technological measures which empowers technology companies at the expense of creators -- This is companies like Apple, Samsung, Microsoft, Amazon, Google, Netflix -- the "Big Tech" companies Heritage now claims it has a problem with.  The alleged "problem" which Heritage has with these companies is that they have become too powerful and can control what creative works Canadians can access. This is of course the predicted outcome of legal protection for technological measures, a policy which Heritage pushed hard to put in place.


I have seen the same problem with discussing broadcasting and the Broadcasting Act, with the theory being that if Broadcasters are given more control over the Canadian communications landscape that somehow creators will get paid more.

The reality has always been that these intermediaries are the entities that limit the livelihoods of creators, and the purpose of these various pieces of legislation should be to limit the control that these intermediaries have.

Fixing the conflict of interest

The Department of Canadian Heritage was only created in 1994 by Kim Campbell in her few months as PM.  This was a time when Canadian policy makers should have been aware of the upcoming digital transition and been focused on the regulatory benefits of a decentralized digital communications system.  It might be time to question whether the current structure of the department makes sense, or ever made sense, as a way to get Canada out of the current conflict of interest situation.

It seems obvious that the regulation of broadcasters should be considered a specific subset of competition policy, and considered under the department currently called Innovation, Science and Economic Development.  The Copyright Act already lists the Minister of Industry as the relevant minister, and the influence of Heritage over Copyright should be revoked. Digital radiocommunications should not be managed by entities also involved in content distribution, and with that policy clarification radiocommunications no longer needs to have any involvement by Heritage.


What is the purpose of the Broadcasting Act

What should be obvious is that the purpose of the Broadcasting Act is to regulate broadcasters.  Broadcasters have specific control over what Canadians can hear and see, and thus they need to be regulated to reduce the harm that this control can cause.


  • Broadcast programmers set what content is seen at what time. Broadcast listening and viewing has prime-times when audiences are maximized, and the ability to control what is seen then offers considerable power.

  • The technology needed for Broadcasting was expensive, so there were very few broadcasters.  This also granted additional power.

  • Broadcasters were granted a monopoly from the programming, through transmission equipment, to a monopoly on a frequency (part of spectrum) that only they were allowed to use.

  • Broadcasters are private businesses and want to maximize profit. One way they did this was to purchase US programming (which had larger audiences, and thus bulk purchasing pricing) over Canadian programming (which historically tended to have a more narrow audience focus).

 

All of these factors and more created a need to regulate broadcasters.  It is, however, the unique features of broadcasting that require this regulation and not the generic concept of "content distribution".

 

As an example, with the invention of record players, cassette tapes, VHS, CDs and eventually DVD's, a mechanism to distribute content separate from broadcasting was available.  This music, movies, television and other content was made available in retail stores and libraries, offered for rent, and distributed over roads (trucks, cars, etc).  At no time did Heritage claim that because content was being distributed that they needed to regulate retailers or the road system.


Then along came the digital transition (See: Hiding OSI layers leading to policy failures: Net Neutrality, Encrypted Media, ... ). Digital technology allows us to break up much of the monopoly control which broadcasters have, which means less of a need to regulate entities which don't have the harmful features of broadcasting.


  • On-demand services allow Canadian audiences to become their own content programmer.  This is analogous to a library (some private, some public), and not remotely similar to a broadcaster. No longer is some programmer in a corporate HQ allowed to dictate to audiences what they can see or when.

    The notion in C-10 that broadcasting should be redefined to include "on demand" makes about as much sense as having a bill that says that the mathematical constant pi (π) should be considered to be 3 or 7 because some parliamentarians want to claim it is.  It is a nonsense concept that creates unnecessary terminology confusion as well as being contrary to the purpose of the Broadcasting Act.

  • Creating and distributing content to wide audiences is no longer expensive because of digital technology, enabling competition where government regulations allow.

    It is now the case that rather than regulating broadcasters because having a few granted them too much control, governments are now regulating non-broadcasters apparently to seek to limit who can communicate.  Instead of regulating problems away, they are regulating problems into existence.

  • Digital communication allows for OSI layers to be split into separate entities.  The physical connections within municipalities can be managed by municipalities, and so-on.  This means that the monopolies no longer exist, as the entities which right-of-way or spectrum granted (now municipalities) are not the same entities which are creating content catalogues or funding content creation.  It is the hardware layers of the OSI stack, preferably managed by municipalities, that are carrying out activities related to "radiocommunication" and not anyone carrying out activities at other layers.

    Unfortunately the government is still regulating digital communications as if it has the limitations of analog, allowing broadcasting entities to also claim control of the communications infrastructure into our homes, and deliberately replicating all the problems from the historical analog technology world in the digital world.

  • This last problem is also partly solved by the competition enabled by digital.  Audiences who want to see more Canadian content, can get more Canadian content.

    In my case my focus is to avoid US centric content, as I really enjoy the International programming on Netflix, and the true domestic (rather than British descendant) content on APTN Lumi and related channels on YouTube and podcasts.  Arts and Entertainment funding should be going to Canadian creators and never intermediaries like broadcasters.  These intermediaries should be thought of as merely "the hired help" for creators and their audiences, and regulation should be intended to revoke intermediary control and never grant it.


To try to regulate non-broadcasting as if it were broadcasting is to try to create a lowest-common-denominator of the harm that broadcasting causes.  This does not create a "level playing field" as broadcasters claim, but only promotes the special interests of those broadcasters against much needed competition.

If Heritage wanted creators to get paid better it would be actively seeking to revoke the control that broadcasting had over creators.  They would do that by strongly regulating broadcasting, and deliberately enabling and promoting non-broadcasting to eventually replace broadcasting entirely as a concept within Canada.  While live-events will still be simulcast, that feature is available from most non-broadcasters and doesn't require that a narrow set of broadcasters control Canadian media.



Side note...

I am happy to see the mention of aboriginal peoples and cultures mentioned in Canadian legislation.  In this case it is too little too late, as broadcasting as a concept isn't something Canada should be promoting as the centrally controlled (and primarily by white men) nature of broadcasting has been a tool used to filter aboriginal peoples and stories from Canadian audiences.

Arts and cultural grants, and not the broadcasting or copyright act, is where these changes need to be made. I look forward to increased and stable public funding of indigenous arts and entertainment!


Thursday, September 28, 2017

Copyright Board, Copyright Collectives, and the myth that "Fair use decimated educational publishing in Canada”

(This is a letter in an ongoing dialog with a few members of federal parliament. This email was added to the list of submissions for the Copyright Board consultation.)

David McGuinty, my MP in Ottawa South,

David Graham, MP (Laurentides — Labelle),

The Honourable Mélanie Joly, Minister of Canadian Heritage,

The Honourable Navdeep Bains, Minister of Innovation, Science and Economic Development,

Copyright Board Consultations

I would like to thank David McGuinty for forwarding the September 8, 2017 letter from Minister Joly. This was a response to my May 1, 2017 letter titled “Myth: Fair use decimated educational publishing in Canada”. My letter highlighting some of what might colloquially be referred to as “fake news” being spread globally, primarily sourced from Access Copyright, a Canadian Collective Society. The National Copyright Unit of Australia felt this myth spreading required a response[1]

As this myth primarily relates to an ongoing dispute between a collective society and provincially funded educational institutions, it ties in directly with the current consultation on the Copyright Board of Canada[2].

The consultation paper recognises that there has been an “explosive growth of media and related technologies worldwide”. This specific incarnation of the of the Copyright Board was created in 1989, the same year that development of HTTP, one of the key technologies underlying the World Wide Web, was initiated by Tim Berners-Lee at CERN.

We live in a world where advanced content recognition, search and online media distribution enables audiences to find and access any content that they want. Sometimes, when copyright owners allow, we are offered a variety of competing access and licensing services to choose from. Modern information and communications technologies have made redundant a sizeable portion of what the Copyright Board was historically envisioned to accomplish.

While the discussion paper suggests we can speed up processes at the board by “Reducing the Number of Matters Coming Before the Board Annually”, the paper does not discuss the need to reverse the historical proliferation of collective societies. At a time when many collectives should be recognised as decreasing in relevance, they continue to increase in political and economic influence.

I will use a few specific problematic areas to illustrate.

Orphaned Works


The incentives behind the current “Unlocatable Copyright Owners” regime administered by the copyright board are counterproductive. The purpose of the regime should be both to encourage copyright holders to be discoverable and negotiate licenses, as well as to provide copyright users protection from a previously hidden copyright holder who later surfaces. Creators, copyright holders, copyright intermediaries and commercial copyright users should all have economic incentives to make copyright holders discoverable.

Modern ICT has caused some technology vendors and governments to declare “privacy is dead”, so it is inconceivable that a copyright holder who wants to be found is unable to be found. Some responsibility should be presumed on anyone who wishes to harness the privileges which copyright offers.

  • Creators, copyright owners, collective societies, or other intermediaries should never receive proceeds from the unlocatable copyright owners regime. Fees should be kept with the board to fund its own operations and support services to increase discoverability, with any surplus returned to general revenue. There should be a clear economic incentive for these groups to make all copyright holders more easily discoverable.
  • Fees levied against commercial copyright users should be sufficiently higher than what would normally be offered by a copyright holder, to further encourage commercial users to help make copyright holders more easily discoverable.
  • Fair Dealings should be clearly expanded to cover non-commercial uses of works for which licenses cannot be easily obtained, including for reasons of unlocatable copyright holders. There can’t be a negative impact on the market for a work when no such market exists.
  • If a copyright owner is unlocatable, but the creator is locatable, then copyright should revert to the creator.
  • Fees previously distributed to collective societies, but were never disbursed to later-located creators or copyright owners, should be returned to the copyright board.

It has been claimed that the “no formalities” requirement of the Berne convention prohibits mandating registration for exercise of any copyright related rights. The reality is that if a copyright owner wishes to get paid they must make themselves known to someone, so it is illogical to suggest that requiring copyright owners do something to make themselves discoverable is a “formality”.

What this failed regime has allowed is for entities like the Access Copyright Foundation to take money from the orphan works regime as well as other fees extracted from authors as excessive transaction fees by Access Copyright, and create their own unaccountable arts funding program[3]. With this entity perceived as doing “good works”, the incentive to make copyright holders easily discoverable and able to receive greater direct payments for their works is diminished. This is a net-reduction in funding for authors, marketed as if it were a benefit to authors.

Educational use of copyrighted works


Nearly all uses of copyrighted works by provincially funded educational institutions is licensed with copyright owners, and not through collective societies. This includes the global growth of Open Access, as well as online databases offering subscription and/or transaction fees.

There is then a thin layer between where the use of a work is already licensed, and where the use of the work does not require a license, that is under dispute between collective societies and educational institutions. This is the dispute underlying the myth that fair dealings decimated educational publishing in Canada.

In this case the relevant parties are not educational institutions or collective societies, but provincial taxpayers and authors. I believe if provincial taxpayers were asked if they were willing to help fund creativity used in the classroom in this thin disputed area they would agree, as long as the funding was accountable and efficiently distributed. Unfortunately, with all the middle-men taking their cut (Access Copyright is said to take 30% for itself), the current regime is inappropriate.

We already have a model for a far more efficient regime active in Canada. The Public Lending Right (PLR)[4] program funds authors directly for the lending of their works in libraries. This funding program is far superior to having this activity covered by the Copyright Act. It is better for taxpayers as the money more efficiently funds authors, rather than all the unnecessary intermediaries and all their lawyers. If applied to educational uses this would not only provide considerably more funds to authors, it would end the expensive decades-long disputes launched by unnecessary intermediaries in front of the copyright board.

The PLR is an example of using the right tool for the right job. There is a harmful misconception held by some policy makers that copyright is a valid substitute for stable arts funding.  Arts funding can be accountably targeted at creators, where the benefit of copyright tends to goes to unnecessary intermediaries -- or leaves the country entirely.

As well as initiating a Public Education Right (PER) funding program, copyright law should be amended to clarify as fair dealings the current thin disputed layer of uses.

This clarity should, however, have responsibilities attached to it. Some education institutions want to have their cake and eat ours too by having exceptions to copyright on their inputs, but royalty bearing on their outputs.  The ability of institutions to use any institutional exceptions to copyright, as well as what has been clarified under the PER regime, should be conditioned on the institution adopting an Open Access publishing regime at least on par with the Tri-Agency Open Access Policy on Publications[5].

Lobbying by Collective Societies


Collective societies provide a specific financial service to copyright holders and copyright users. As noted by Copyright Board expert Howard Knopf, “Collectives are an exception from the basic antitrust and competition law abhorrence of price fixing and conspiracies”[6] As such, they are not optional to copyright holders who want to get paid for some specific uses of their works. Given this, collectives should not ever be able to claim to politically “represent” repertoire members any more than a bank should be able to claim to politically “represent” me simply because I have a bank account.

Collectives have been allowed to present themselves as proxies for the interests of creators - even when they are lobbying government for policies which benefit collectives at the expense of creators.

The operation of collectives should be scrutinized far more closely by government. This should include disallowing collectives from disbursing funds for purposes other than payment to creators for uses of their works. They should not be allowed to directly lobby government or fund foundations. It should never be seen as their money to spend: if authors wish to fund such activities they can voluntarily do so with their own money, including through optional member funded associations. They should never essentially have their money be “taxed” by a collective society intermediary.

More money to authors, more efficient copyright board


With Access Copyright no longer initiating disputes, resource constraints on the Copyright Board will decrease considerably at the same time as we will see increased funding for authors.

While I used Access Copyright as an example, the same will be true of several other collective societies. Better harnessing of modern ICT and modernizing the outdated thinking in our Copyright Act will greatly reduce the number of collective societies still in operation.

There will always be a need for some small number of collective societies, and a need for the copyright board to impose rates when normal commercial negotiations fail, but we should be providing legal and economic incentives to ensure these exceptions become rare.





[1] Myth: Fair use decimated educational publishing in Canada http://www.smartcopying.edu.au/copyright-law-reform/fair-use/myth-fair-use-decimated-educational-publishing-in-canada

[2] https://www.canada.ca/en/innovation-science-economic-development/news/2017/08/consultations_launchedonreformingcopyrightboardofcanada.html

[3] http://acfoundation.ca/about-us/

[4] Public Lending Right program http://www.plr-dpp.ca/PLR/

[5] Tri-Agency Open Access Policy on Publications http://www.science.gc.ca/eic/site/063.nsf/eng/h_F6765465.html?OpenDocument

[6] Canadian Copyright Collectives and the Copyright Board: a snap shot in 2008 http://www.macerajarzyna.com/pages/publications/Knopf_Canadian_Copyright_Collectives_Copyright_Board_Feb2008.pdf


Friday, November 25, 2016

Minister Joly wrong to want to bring tech companies "into the system".

I own Samsung and ViewSonic televisions,  Philips and Panasonic DVD players, and mobile devices from ASUS, Huawei and LG.   I don't think I know anyone who only uses Canadian designed and manufactured technology to watch scripted programming.  I never heard a Minister of Canadian Heritage claiming that these technology companies should be brought "into the system", confusing these technologies as being part of the broadcast system and thus should be regulated as part of it.

Why does Minister Joly apparently believe that other technology products and services such as Netflix, Google (YouTube, and Play Movies and TV), or Amazon Video should be brought into the system?  These technology companies are no more part of the system than the hardware manufacturers.


When discussing how Canadian Content Creators harmed when Netflix claimed to be a "broadcaster" I discussed the differences between content libraries and broadcasters/BDUs.  There is a need to regulate companies using Canadian airwaves such as broadcasters, as well as those putting wired above and below public and private property (something that would otherwise be trespass) such as BDUs and telecommunications companies.

None of these regulatory reasons apply to technology companies offering content libraries or technologies used to access content libraries.  Online libraries are not in any way part of the "broadcast" system, and should be regulated as providers of technology products and services as is the case for other technology products and services.

This outmoded way of thinking of "online" content distribution as being related to "broadcasting" is harming both Canadian creators and Canadian audiences.

 

Barriers to Canadian Content creators reaching audiences.

On Wednesday I wrote about the case of writer and director Christopher White who is using Amazon Prime video to distribute a movie.


Amazon is already a content distributor in Canada, but only when the movie or TV series is stored on DVD and Blue Ray disks.  Their Amazon Video service is not currently offered in Canada, most likely because of regulatory barriers and other red-tape when dealing with Canadian governments -- most likely policy under the jurisdiction of the Department of Canadian Heritage.

Why is Minister Joly threatening to force Amazon Video to be "part of the system" if it enters Canada, while Amazon's existing distribution of physical disks to Canadians doesn't concern her?  The Minister should be trying to reduce barriers to Canadian content creators, not erect new ones!  It's not her job to "build a wall".

 

Barriers to Canadian audiences accessing Canadian Content

While some narrowly concern themselves with the headquarters of the company financing the production, or the nationality of some tiny number of writers, I consider the amazing creativity filmed and and produced in Canada to be Canadian content.  I've been a big fan of the Stargate and related franchises (including Sanctuary), Battlestar Gallactica, and recently all the DC comic Superhero series -- all primarily out of Vancouver!

I have been looking forward to next week's DC Superheros Crossover Event since it was announced last spring.





Because of the type of thinking that Minister Joly is demonstrating, the event may be ruined for me as I may not be able to see the first episode of the event before I watch later episodes.

All 4 shows are financed by The CW network.  Unfortunately because of broadcast-era regional licensing these shows are not made available directly to Canadians in a single modern first-run content subscription library (such as Netflix), but on distribution channels controlled by "Canadian" broadcasters.

Three of the four series are exclusively licensed in Canada by CTV, and Supergirl is licensed by Showcase.

While Bell owns both CTV and CraveTV, new episodes are not made available on CraveTV as that service is operated as a second-run service and isn't attempting to compete with first-run content library services like Netflix.  This outdated attitude more than anything else is likely why Shomi failed as Canadians want a first-run streaming content library which makes new episodes of series available as soon as they have been published.

I've been having a hard time watching Supergirl via Showcase -- first their website was so poor that I was having a hard time enjoying the show.  Then I gave up and paid money via Google Play for the season 2 pass.  It is now Friday, and Monday's episode is still not been released by Showcase for Canadian viewers.

I may, if I'm very lucky (unlikely) get a response from Showcase to my various only questions (twitter and email), and have Mondays episode available in time. It is far more likely I will be forced to get from some other source (VPN to access US source, or some "other" less authorized source).

I'm left wondering why I have to deal with Showcase, CTV or Bell at all?  I'm not interested in going back to broadcasting or BDU services to access scripted programming any more than I'm interested in giving up indoor plumbing and other modern conveniences.   There is no reason for the government to be supporting regional exclusive licensing in a world where technology makes most of these restrictions counterproductive (See Bell's inducement of copyright infringement).

Audiences should be able to directly access these shows from the copyright holders, not from some irrelevant and outdated country-based intermediary.

(Update:  Notes from watching Supergirl via VPN)

Core cultural policy changes

While I have written a series of articles during the DigiCanCon consultations, if there is one thing I can recommend to the Minister of Heritage and the Department of Canadian Heritage is that they need to separate the creation, distribution and access to Canadian content from each other.  Having the entity that distributes the content be "Canadian" is no longer any more relevant than the brand of television people are using in their homes.  Thinking that entities which are carrying out activities entirely unrelated to broadcasting should be brought "into the system" is facing backwards into the past and rejecting the possibility of supporting Canadian content into the future.



  • Canadian Content funding should be to creators, not intermediaries
  • Each different content distribution mechanism should be regulated separately.  Online content libraries are no more part of the "broadcast" system than retail DVD distribution is.  These retailers do not not use our "spectrum" and they do not use "right of way" privileges to put wires above and below public and private property.
  • Barriers for creators reaching audiences should be removed.  If this means actively soliciting non-Canadian content-distribution companies to offer their services to Canadian creators and audiences, then that should be quickly pursued.
  • While broadcasting is a different market, legal content libraries directly compete with copyright infringing content libraries.  As a measure to reduce copyright infringement, the Canadian government should be supporting (financially and otherwise) legal content libraries.  For those who believe that infringement is a substitute for payment, they should support the government creating as many new payment options as possible.

Wednesday, November 23, 2016

Heritage Minister and Department must reduce barriers between creators and audiences

While many participants in the "Canadian Content in a Digital World" consultations are focused on funding issues, real support is needed from the Minister of Canadian Heritage and the Department of Canadian Heritage to reduce barriers that exist between Canadian creators and their potential audiences.

While some people would prefer we all sit down and watched broadcast television like we did in the old days, the industry is moving forward in ways I discussed earlier in Canadian Content Creators harmed when Netflix claimed to be a "broadcaster". I noted how people are moving to online content libraries away from broadcasting. While this is a major improvement over broadcasting, there are still barriers between creators and their potential audiences.

While I can hope the Minister and Department will help, I also ask that they do no further harm. A number of policies that have been proposed previously, as well as some brought up during the consultations, put up more barriers rather than reducing them.


On Monday I had a short twitter exchange with Christopher White, writer and director of I Fall Down (2013), that is typical of the types of problems I see.


Lets pause here for a moment before we go down the rabbit hole.

This is a great-news story that this movie has been made available to a wide audience, without costing the creators anything for the additional publishing, and without needing to ask someone else's permission.  At this level of the conversation there really are no barriers, and I hope more creators will follow Mr. White in trying to make their content easily available.

I have heard great things about Amazon Prime video as far as ease of use and device compatibility. On the link Mr. White provided is a large list of devices which the video can be accessed with. While it didn't list all my devices, it is available on enough that I could access.

Well.. If only I didn't live in Canada that is.

While Amazon Video is available in the US, UK, Germany, Austria, India (soon) and Japan, it isn't available in Canada.

Except, of course, when you search for "Amazon Prime video Canada" you will get a good list of VPN services that will give you a US based Internet address to then access the service as if you lived in the United States.

This is another level of inconvenience which some users are willing to put up with, although because of pressure primarily from exclusive regional distributors (that's primarily Bell for Canadians) there has been a lot of attempts to block VPNs from Canadians trying to access services like US Netflix.

I don't for a moment believe this is a technical limitation, as Amazon adding the number of users that Canada represents to their service wouldn't be noticed as far as the increased load is concerned.

All I can believe is that there are regulatory barriers or other red-tape with dealing with Canadian governments, most likely policy under the jurisdiction of the Department of Canadian Heritage, that is in the way of this service being launched in Canada. Amazon has a Canadian subsidiary that provides many of the other retail and product shipping services that US Amazon does, but Amazon Prime for Canadians is currently a fixed fee service for faster shipping (I am a member, and much of what I buy is DVD video content).

Unfortunately, instead of working with Amazon to eradicate any barriers to allowing Canadians to easily purchase access to Mr. White's movie, DigiCanCon conversations have been in the opposite direction. There are those who want to put up barriers to anything they don't deem "Canadian" enough on the distribution side, ignoring the fact that the existing "Canadian" content distribution companies (largely owned by BDUs) have shown no interest in entering or competing in this marketplace.  The "Canadian" companies want to drive people backward to Cable, not offer services people (creators and their fans) want.

These people are fine using computers produced by companies not headquartered in Canada, and a host of other products and services with our Free Trade partners, and yet they expect content distribution platforms to be treated special.

Department of Heritage officials suggested that making the use of VPNs to cross-boarder shop for legal content should be made illegal.   This is the opposite to the types of policies Canadians need. Canada should be enacting and enforcing laws to ensure that online video distribution services are not allowed to region block any more than was previously done with DVDs.  Using VPNs to access US content delivery services should be made redundant by ensuring the same content is available equally on these services in both countries.

Back to Mr. White.  I mentioned that Amazon's video service isn't available in Canada, and asked if he considered Google Movies and TV (A service I now regularly use) as an alternative which does work in Canada:



Just as Mr. White has to choose between different services to make his movie available on, there is a limit to the number of devices someone can own in their home to access content.   While I own many devices, none of them are compatible with iTunes.

While most video distribution services aren't owned by a hardware manufacturer, iTunes is and they have a tendency to try to tie the use of one of their products or services to another of their own products and services.  This means that the number of compatible devices is the lowest of any of the popular content distribution systems.

This should be my own business which devices I own, as long as I have one of the popular ones supported by the vast majority of services.  I do own a number of popular devices, and there are few video services that don't work on at least one of the devices I own, with services like YouTube and Netflix working on the most.

Since Apple is a popular brand within the arts community in North America, you sometimes get the surprised answer when they meet someone who isn't an Apple customer.



I am someone active in technology law. I see software as the rules that a computer obeys, much like laws are the rules that humans obey. I believe that for the general public to understand software and software authors they need to make analogies between to policy and policy makers. It is not the field of engineering that is the closest example for understanding the impact of software on society, but political science.

For more, please read Lawrence Lessig's "Code and Other Laws of Cyberspace."

I tried to shortcut this conversation on twitter by suggesting that saying "All I have to do is become an Apple customer" to access content comparable to saying "All I have to do is join CPC".

To which Mr. White replied:


And further down the rabbit hole we go :-)


To understand how to apply the Betamax example to technology used to access content distribution services we need to discuss the computer marketplace more closely.

Betamax was a proprietary format offered only by Sony, while the VHS technology was widely licensed to multiple vendors to create VHS recording, editing and playback devices.  Standard market forces applied, and it should be obvious when a single company tries to compete with a multi-vendor economy that the economy will win.

With computer technology the situation is more complex as there are a number of different markets involved.

The desktop computer market has stayed relatively stagnant between the late 1990's and now. Depending on how you count (and there are wide discrepancies) and if you broadly look over the entire period, you find about 70% run on Microsoft Windows (of a variety of flavors), about 10-15% on MacOS (a variety of flavors, older versions incompatible with new), and the remaining being "other" that included things like IBM's OS/2 in the 1990's and later some small inroads with a variety of Linux and Unix desktops.

In the Internet server space things are quite different.  What started as mostly the domain of Unix saw some growth of Microsoft Windows on the server, but the largest force became Linux which took over the vast majority of Unix and left Microsoft as a distant second rounded to around 10% with only a small fraction of "other".  As Microsoft is a big player in the server space with Microsoft Azure cloud services, this month they joined the Linux Foundation.

In the mobile space Apple took the early lead, but like Sony they didn't license their technology. Google built an operating system based on the Linux kernel called Android which it released fully Open Source.   While Google still leads the development of their version of Android, any company (or group of individuals) is able to build their own compatible version of Android, build their own applications and distribute without anyone's permission, as well as build any devices.

This is what Amazon did with the Amazon Fire product line, which is a stack built on Android that includes tablets and Amazon's own Appstore for Android that competes with Google Play's App store.

Set-top devices have taken a similar route as mobile, where Linux dominates and other environments are fighting for small percentages.  There is also a growing number of manufacturers building Netbooks that run ChromeOS.  While these devices are replacing desktops and laptops for some people, they fit more into the mobile space than the desktop/laptop space.

While some people still use desktops and laptops to access content, most will use mobile platforms to control streaming to things like a Chromecast (or a growing variety of similar devices), or set-top devices, connected to their television.


Applying the Betamax example it is clear that Apple is similar to Sony as Apple doesn't license their technology to third parties. The most openly licensed platforms are the Linux-based marketplaces.  While there are some niche markets where Apple is still the most visible, the global marketshare has Android above 80% with Apple's iOS retaining about 13%.  As this market matures many people are assuming that Apple's iOS will go the way of Betamax.

So, as far as Betamax vs VHS is concerned Mr. White got which-is-which backwards.

This is a level of detail of computer history, current marketplace analysis, and always uncertain marketplace predictions that Canadian content creators should never be expected to think about.  They should never be forced to choose between which audiences will be able to access their content, or have the risk of making the wrong choices between competing technologies/businesses/etc.

Can't all content delivery platforms be available on all devices?


We didn't pursue the conversation this far on Monday evening, but it is the next logical question.  Why does it matter what brand of device I purchased when accessing a content delivery platform?  It didn't matter what brand of TV I bought to watch TV, or what brand of radio.  What makes digital content delivery so different?

For this you need to know the history behind "encrypted media".

With the digital transition on the (some wished distant) horizon in the late 1980s and early 1990's the larger content industry players went to the larger technology companies and asked if they could do some technical thing to digitally encoded content such that it could be accessed by audiences who paid for it, but that it couldn't be copied.

Anyone with adequate technical knowledge knows this isn't possible, as a computer being able to access something means it is making copies in memory and other places -- accessing and making copies are the same thing, and if the computer owner decided to save a copy this was a legal and not a technical issue.

Unfortunately a few technology companies with ulterior motives offered what they convinced the content industries was an answer to their question. Two of the three most visible are familiar names: Apple, Macrovision and Sony.

What they proposed is that content would be encrypted such that you needed a decryption key to access the content, and then the key would be embedded within hardware and software where the manufacturer rather than the device owner was in control.  This was seen as a powerful business model by Apple and Sony who would not be selling general purpose computers which obeyed the commands of their owners, but "selling" devices that obeyed the manufacturers commands. (See:  Another meaning for DRM: Dishonest Relationship Misinformation) There is considerable benefit to the vendors to be able to do this, restricting features that would normally already exist and have the ability to sell those features back to the "owners". (See also: Perspectives on computer security and encryption from Apple, the FBI and I : Apple)

While there has yet to be any evidence that "encrypted media" reduces infringement, and considerable anecdotal evidence that it increases infringement, the proposal worked.  Many non-technical people don't even recognize that what the content industry likes to call "copy control" is actually "computer control" (IE: a question of whether the vendor or owner controls the computer).

Some people believe that content alone can make decisions, and don't understand how encrypted media impacts the computer control question. Digitally encoded content cannot make decisions any more than a paperback book can come alive and chase the reader around the room (I call this the "Harry Potter" understanding of encrypted media).

Many governments around the world have passed laws to legally protect what they call "technological measures", allowing Apple and Sony to point fingers at copyright holders and the law whenever someone complains about anti-owner restrictions on devices.   At the moment most copyright holders demand "encrypted media" be used for all content distribution services, forcing this on all content delivery platforms as well as all the devices that are legally allowed to access those services.

It is this encryption, and the requirement that the correct decryption keys be embedded in the device (hardware or software), that ties specific content delivery platforms to specific brands of devices. These are not technical limitations, but business model and legal limitations.   Nearly all audio and video these services distribute are in well understood common audio and video file formats which all devices can understand.

If not for this encryption, and the harmful laws that seemingly protect it, third party applications could be authored to make every popular content delivery platform compatible with every popular device.  It would only be the obscure platforms or obscure devices where authoring applications would be up to the device manufacturer or content delivery platform provider.



As a software author, my ability make a living is dependent on computer owners being able to make their own software choices in order for them to be able to choose my software.  If hardware manufacturers, rather than owners, make those choices then my livelihood is put at risk -- to a greater extent than any imaginable amount of copyright infringement could.  While this is obvious to me, the same risk exists for cultural creators as powerful hardware manufacturers and content delivery platforms may also dictate things to them (what their content can be about, how much they can charge, what audiences they are allowed to reach).


If you are concerned by these things, including believing that all content delivery platforms should work on all devices, you might do some of the things I have done including:


  • I spent more than a decade starting from the summer of 2001 until the passage of Bill C-11 actively engaged in the Copyright revision process to ensure that politicians, other policy makers, and fellow creators know about policies threatening technology property rights
  • I boycott the products and services of some of the most visible companies that sparked this problem, including Apple and Sony. Macrovision keeps changing their name to hide, likely because they are controversial even within the content industry.  This was no change for me when it comes to Apple which I had already been boycotting for other political and legal conflicts, but it was the end of my being a Sony customer.

I recognize my earlier analogy between Apple and a specific political party isn't a good one.  I've met many MPs in person, largely because of this area of policy, and they work together and have far more in common than the public political theater would suggest.  I believe MPs sitting in the House of Common across all political parties have far more political views in common than I have with Apple.


All of this is a legal and political controversy that Canadian content creators should not need to be aware of.  The Minister and Department of Canadian Heritage should be aware, and should be looking at all these issues to (wherever possible) reduce barriers to creators maximizing their potential audiences.





If any Liberal MPs are reading this, the policy change to avoid the "encrypted media" problem is to tie anti-circumvention legislation to actual infringement, as well as only protecting "use controls" (as discussed in the WIPO treaties) and not "access controls".

This was the Liberal party position during the C-32/C-11 hearings.

If implemented correctly it would allow Canadian App developers to author compatibility applications, which along with laws to protect us from inappropriate region controls would go a long way to solving critical barriers Canadian content creators have in reaching Canadian and foreign audiences.

Monday, November 21, 2016

Quick ways to contribute during final week of #DigiCanCon consultation

The deadline to participate in the Canadian content in the digital world consultation is this Friday, Nov 25, 2016 (See end of post). While you may not have time to publish your own ideas, you should still take the time to voice your support for ideas you agree with.

As a new media supporter who "cut the chord" (well, unsubscribed from Cable TV -- the cabling is still all over the house ;-) a few years back I have a pro-Internet perspective. This is true regardless of the type of creativity we are talking about, and while most of my submissions focus on scripted television (as much of the other submissions did), the ideas apply equally regardless of the type of digitally stored and communicated content.

As a software author and fan of the creativity of others I want Canadian creators to be well paid for their contributions, but don't believe that subsidizing old-media intermediaries is the way to do it.

I have made a number of submissions to the consultation since it was launched in September.    What I'm hoping you can do today is click on one or more of the links below to my submissions and, if you agree with them, vote them up.

Subscribing to the consultation site is easy. Where it says "sign In | Register", you can do so using your existing Facebook or Twitter account.  You don't need to remember yet another password to interact with this consultation site. There are only a few extra things you need to fill in to register the first time, and it only takes a few moments.

So please register (or sign in again, if you have already been there) and take a look at the following ideas. 

Ideas from Russel McOrmond


Other ideas I voted up

I only voted up a few ideas as most of the ideas seem to be from old-media folks who want to increase taxes and/or levies on neutral communications technology to subsidize the content industry.  There is also a lot of protectionism talk (IE: only allowing Canadians to work on Canadian projects), which is counterproductive if we want our talent to earn a living in the larger global marketplace.  Protectionism is incompatible with expanding to global markets, and the bulk of what I saw on the site were impractical or counterproductive ideas.


If I missed any that are worthy of being voted up, please let me know in a comment.




Seems there was a mistaken tweet this morning from @CdnHeritage suggesting that Wednesday was the final day for submissions.

That tweet was deleted:



An older tweet confirms this Friday.