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Bill C-32 (40th Parliament, 3rd Session) committee  Yes. Thank you. I keep hearing them called “digital locks”, and in fact they are the mechanism by which these individuals get their content to consumers on the device they want, in the format they want, at the time they want, in a variety of different models. TPMs are what control the access.

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  We commissioned the study. It was born of people like you asking us time and time again what the impact is on the economy and on jobs. I would say one thing. This study is quite different from studies done before it, because it's not looking at the losses to our six member companies, but at the losses to the industry as a whole—consumer spending loss—and then the spinoff impacts after that, in terms of both jobs and GDP.

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  Unfortunately I don't think you can, because this study is so different in its scope and its approach, and in the Ipsos-Oxford Economics methodology, but here are numbers that I think we can't ignore: isoHunt has 40,000,000 peers and 6,000,000 torrents. Those are kinds of numbers that I think speak for themselves, in terms of the kind of impact this has on an industry like ours.

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  Madame Lavallée, I've heard you speak many times about the importance of the objectives of this bill. I may not be popular in this room for saying so, but I think you have a lot more in common in terms of the objectives of this bill than you may think. It's clear that we have to stop what's happening, and that's taking money from industries that support actors and creatorsand improve local economies.

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  Yes. To answer your last question first, we'll be submitting a written brief to the committee. We wanted to take your questions today and hear what you'd like to hear more about, and then do so. In terms of your comments, it is important to appreciate that you have Canadian distributors and American distributors, labour in the form of actors, and IATSE, which represents the 16,000 people working as electricians and grips.

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  The Hurt Locker was distributed by one of Mr. East's members. Maybe he can talk to you about the damage that was done, compared to the market for The Hurt Locker.

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  I think there may be a bit of confusion, and hopefully I can help you in terms of comparing the notice and notice and notice and takedown. In terms of film and television content, there are two different types of online piracy the business folks here are concerned with. The first is content that is hosted and allows people to either download and stream, and that's where you have a notice and takedown regime to deal with, because you want to get that infringing content off the web.

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  Again, I don't know to what you are referring, so I can't comment, but what I can tell you is that notice and takedown or a standard that prevents you from having a safe harbour if you have actual constructive knowledge is used to deal with hosted content. A graduated response and a notice program is to deal with getting people to change their behaviour who are operating in a BitTorrent--

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  We're a Canadian non-profit association. The MPAA member companies, which are the companies we serve, have sued isoHunt in the United States. They were successful. They got an injunction because isoHunt is inducing infringement on a massive scale.

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  No. They've sued in the United States and have been successful because the legal framework there provides that if you induce infringement online, you are liable, so that's where they sued and that's where they've been successful. Unfortunately, the appeals are still winding their way through the courts, and that's the position we're in now.

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  I'd say two things, Mr. Angus. The first is that I'm not here to speak on behalf of CRIA. Second, remember that isoHunt sued in Canada, seeking a declaration that its activities here were perfectly legal. At the same time that our members were suing isoHunt in the United States under their legal framework that made it clear that what they doing was illegal, isoHunt was suing the recording industry in Canada, saying that what isoHunt was doing was perfectly legal.

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  It's the same case, Mr. Angus.

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  This is what we're here today to do: to look to all of you around this table who have said that you want to make it clear that enabling piracy online in Canada is illegal. That's what we're hopefully here to do today.

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  I would say a couple of things. There are different models, and one of the benefits of being so far behind the curve here in Canada is that we can learn from international best practices. Certainly you see different models around the world. Some countries, such as France, have a legislated, graduated response.

February 17th, 2011Committee meeting

Wendy Noss

Bill C-32 (40th Parliament, 3rd Session) committee  I will give a quick response. There are those like the isoHunts of this world that are built on an advertising revenue and are commercial operations and make money. There is no question about that. However, in the piracy ecosystem out there, there are many people who do not operate for commercial gain; still, the commercial damage they cause to copyright owners is massive.

February 17th, 2011Committee meeting

Wendy Noss