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Bill C-11 committee  Yes. I brought my binders here today. They have the TPM laws from all across the world.

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  Sure. Again, I'd like to emphasize to the committee the importance of having that worldwide standard, whereby everyone is on the same level playing field when it comes to the protections. That's why we have a treaty that establishes a minimum standard. As we said, the only two

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  I will answer in English, if I may.

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  I guess everyone heard the translation. I think that kind of attitude that we can't stop this copying so why make it illegal—just because this copying is possible, therefore it should be allowed—is very much a defeatist attitude. If you look at the kind of copying that's been

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  A tariff, as was heavily debated in C-32, and maybe not so much at this committee yet, is when you impose an additional amount—I know the word “taxes” may be a bit controversial in that aspect—on retailers that would apply to things like blank CDs. Currently in Canada you pay a f

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  I was speaking about this earlier today to someone and the expression he used was everything but a toaster.

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  I probably have not studied it to the extent that Professor de Beer has for all his articles, but my understanding of it is that the Swiss, for technological protection measures, allow the TPMs to be circumvented for a private copying purpose. Is that correct?

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  For any lawful purpose. I would preface that first of all by saying that Switzerland...and I have read some articles that suggest that is not a WIPO-compliant model, and even some of the drafters of the WIPO treaties themselves have come out since then and said that Switzerland

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  Absolutely, there is a right medium, which is why I urge the committee to really try to come up with that right language. An example of why this enabling clause is kind of weak is that last year, at the Bill C-32 committee, even the ISPs—these guys who would be sheltered under th

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  Without favouring one business over the other, what we have seen a lot of is a reluctance of content providers to provide their content to Canadian distribution. They know that if you're a movie studio, if you're a video game designer, as soon as that one unprotected copy gets re

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  Absolutely, yes.

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  Absolutely, and Professor de Beer touched on this as well. One of the really great things that I love about Bill C-11 and the TPM protections contained therein is the regulation-making power. This is something that we haven't seen anywhere else in the world. It's probably one of

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  Actually, I don't think it's that much of a guessing game because, again, one of the advantages we have as a latecomer in ratifying these WIPO treaties is that we've seen the situation play out in other countries. The protection for TPMs was enacted in the United States in 1999,

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  Sure. Not to say that there’s anything wrong about Professor de Beer's research, but on the first instance, New Zealand was not a signatory to the WIPO treaties, so maybe that's not the correct model to look at.

February 27th, 2012Committee meeting

James Gannon

Bill C-11 committee  On the second instance, it's true that Switzerland does allow circumvention for those exceptions. Switzerland is also known as a country that has perhaps one of the largest private copying and tariff regimes. A lot of that unauthorized copying, circumvention, and creating new cop

February 27th, 2012Committee meeting

James Gannon