Bill C-32 (40th Parliament, 3rd Session) committee  Within the context of this bill, we're not proposing an increase to the level of statutory damages, mainly because, in our view, the commercial and non-commercial distinction that is being proposed in the bill creates a number of unintended consequences, largely on the basis of there being plenty of significant economic harm being created by parties who are doing so for non-commercial purposes.

Bill C-32 (40th Parliament, 3rd Session) committee  Absolutely. Our principal concern is not with the provision per se. As an industry, we're very permissive with respect to UGC. It's that it's constructed so broadly that you could drive a Mack truck through it, and it would enable all sorts of misappropriation that clearly was not the intent.

Canadian Heritage committee  Absolutely. Essentially, it's critical that ISPs have safe harbours, and when they are not promoting or actively inducing infringement that they have an opportunity to escape liability. They shouldn't be liable for merely acting as conduits. We are particularly sensitive to this issue, because as much as we are producers of content, we're also platforms.

Canadian Heritage committee  Absolutely. First and foremost, they're used to protect our products against piracy, which is of course why they were initially designed. In fact because we've always been a digital industry, we've always dealt with the issue of piracy. It's just that the introduction of the Internet and the online marketplace have just exploded that to an exponential degree.

Canadian Heritage committee  The TPMs are one of the cornerstones on which our industry is built. They've significantly contributed to the success of our industry, because they allow us to offer a wide array of differentiated products that benefit consumers. So if you want to get a trial version of a game, if you just want to rent a game for a short period of time, or if you want to buy it, they actually allow for all of these options.

Canadian Heritage committee  I think there are many different reasons for it, and the core one is the one you touched on. It's that these are the centres, the creative clusters, that have been creative clusters. They have a culture and a lifestyle that is extremely attractive to the creative classes, which are also the classes who make games.

Canadian Heritage committee  With respect to the CRTC, it's an area we watch very closely. But our members, being video game companies, are neither broadcasters nor telecommunications providers, so they're not directly regulated, which is a position we quite like being in. As an aside, I would point out that our industry and its explosive growth is an interesting example of a situation that has really grown up quite organically.

Canadian Heritage committee  That's a great question. There is an element in our paper that I didn't have a chance to address, which was with respect to digital literacy. We are actively promoting digital literacy and encourage the government to actively promote digital literacy. When we say “digital literacy”—the term itself is a little unclear—we take a very comprehensive view of it.

Canadian Heritage committee  Thank you, Mr. Chair. My name is Jason Kee. I'm director of policy and legal affairs with the Entertainment Software Association of Canada. The ESAC is the industry association representing companies in Canada that develop, publish, and distribute video and computer games for video game consoles, handheld devices, personal computers, and the Internet.