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Information & Ethics committee Thanks. I'll speed through this quickly. I apologize for not having submitted my remarks in advance, but I'm happy to distribute them now. Let me just go through this quickly. My name is Michael Geist. As you heard, I'm a law professor at the University of Ottawa, where I hold
May 15th, 2008Committee meeting
Prof. Michael Geist
Public Safety committee If I might just add, the more difficult challenge we face in developing the appropriate policy is ensuring that all stakeholders are heard. Certain groups are well able to ensure that their voices are heard. They have the dollars, the lobbyists, and so on. There are stakeholder
April 26th, 2007Committee meeting
Prof. Michael Geist
Public Safety committee It's an interesting example of the timelines and shift in perspective on some of these issues. That was proposed fairly recently and made its way through the European Parliament quite quickly. Over the last two to three weeks, thousands of Europeans signed petitions, calling on
April 26th, 2007Committee meeting
Prof. Michael Geist
Public Safety committee The Supreme Court of Canada has already tried to make the call, arguing that we have fair dealing under the current Copyright Act, which, it argues, ought to be interpreted in a broad and liberal manner such that even copies, in certain circumstances, of full articles would be se
April 26th, 2007Committee meeting
Prof. Michael Geist
Public Safety committee I believe some of our trading partners do have stronger border measures. The United States would certainly be one such example. The question becomes whether or not they're effective. As I noted, one only needs to walk down Canal Street in Manhattan to recognize that this is not e
April 26th, 2007Committee meeting
Prof. Michael Geist
Public Safety committee Yes, they have changed their mind. Initially they wanted it excluded. The sense was that the civil remedies, I suppose, might well allow them to go after the potential proceeds as opposed to the Crown itself through proceeds of crime. They now have, obviously, before that committ
April 26th, 2007Committee meeting
Prof. Michael Geist
Public Safety committee That's a loaded question. The practical effect has probably been a good one in Canada. The perception is that Canadian Heritage and Industry Canada bring different perspectives to the table. Given the complexity of copyright, having two departments seeking to work through some of
April 26th, 2007Committee meeting
Prof. Michael Geist
Public Safety committee I have just a very quick intervention. I'm certainly sympathetic to those who see the potential for civil remedies to try to deal with this issue, but I think it's important to recognize that it's necessary to be somewhat cautious even there. In the United States they have statu
April 26th, 2007Committee meeting
Prof. Michael Geist
Public Safety committee I think if we had the appropriate counterbalances to ensure that what they are confiscating is counterfeit, perhaps it would be helpful. As I think we already heard, though, that strikes many as a difficult burden to put on border security. I note, in many instances, that the um
April 26th, 2007Committee meeting
Prof. Michael Geist
Public Safety committee It's already illegal to go into a—
April 26th, 2007Committee meeting
Prof. Michael Geist
Public Safety committee No. It is an infringement of copyright law to make an unauthorized copy of that movie. Full stop. If you go ahead with the intent to distribute, as we are led to believe is occurring, that then brings both potential jail time and penalties. I would argue that we already have le
April 26th, 2007Committee meeting
Prof. Michael Geist
Public Safety committee I think a lot of those points are really terrific. There are people out there who argue that counterfeiting forces people to innovate when they're facing competition from both legitimate competitors and otherwise. I'd also note that this notion that Canada is not innovative, o
April 26th, 2007Committee meeting
Prof. Michael Geist
Public Safety committee That's a terrific question. I'm always glad to have people read my blog. I thought it was a very powerful presentation from the witnesses, and my sense was that the committee was very sympathetic. If the government was to move forward with health and safety issues, as I say, I
April 26th, 2007Committee meeting
Prof. Michael Geist
Public Safety committee Thanks. It's an interesting comment. I'd raise a couple of things, since it's a theme that has recurred with a number of people who have spoken. First, this notion that people who buy fake Louis Vuitton handbags are going to cheat on their taxes strikes me as a dramatic stretch
April 26th, 2007Committee meeting
Prof. Michael Geist
Public Safety committee I think the practical reality is that these are not people who are necessarily more likely to commit crimes, or the like. I just don't see any kind of evidence for that at all. I do think there are some people whose respect for certain sorts of laws have diminished. Let's take i
April 26th, 2007Committee meeting
Prof. Michael Geist