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Bill C-11 committee Good afternoon. My name is Jeremy de Beer. I'm an associate professor in the faculty of law at the University of Ottawa. My research focuses on law, policy, and business issues related to intellectual property, technology innovation, and international trade. I teach, among othe
February 27th, 2012Committee meeting
Professor Jeremy de Beer
Bill C-11 committee Yes. The issue of the non-technological neutrality of provisions that provide different consumer rights in an offline environment than are provided in an online environment is one of the criticisms you see. I'll just speak about some of the scholarship that my research team and I
February 27th, 2012Committee meeting
Prof. Jeremy de Beer
Bill C-11 committee Yes, I think there's an important issue that we need to separate here. That's the issue of the use of technological protection measures in the marketplace and the use of copyright law to prohibit the circumvention of technological protection measures. Those are two very different
February 27th, 2012Committee meeting
Prof. Jeremy de Beer
Bill C-11 committee Very briefly, I have to emphasize that I cannot speak on behalf of the Copyright Board. I'm a former legal counsel; that was before I became a professor. But in my time as the former legal counsel to the Copyright Board, adjudicating precisely these kinds of issues was precisely
February 27th, 2012Committee meeting
Prof. Jeremy de Beer
Bill C-11 committee That's an excellent point, actually. It's a separate constitutional issue the extent to which any copyright reforms may affect the right to freedom of expression. Numerous Canadian academics have published on this subject, and I would recommend that the committee take their adv
February 27th, 2012Committee meeting
Prof. Jeremy de Beer
Bill C-11 committee Yes.
February 27th, 2012Committee meeting
Prof. Jeremy de Beer
Bill C-11 committee If you look at the comparative analysis, the New Zealand legislation is substantially different from what's in Bill C-11 already. It repeatedly references links to technological protection measures that protect copyright, not public domain works, and circumvention for lawful purp
February 27th, 2012Committee meeting
Prof. Jeremy de Beer
Bill C-11 committee There are two aspects that are important for divisions on technological protection measures. The first is to facilitate new business models and innovation, and the second is to, wherever possible, avoid any unintended consequences. Whichever solution Canada adopts, those should b
February 27th, 2012Committee meeting
Prof. Jeremy de Beer
Bill C-11 committee What we see in the literature is a lot of researchers pointing to evidence of anti-competitive or potentially anti-competitive conduct, and one of those is tied selling. It's the “razor and razor blade” model, where you have electronic or digital content that's tied to a particul
February 27th, 2012Committee meeting
Prof. Jeremy de Beer
Bill C-11 committee I think the committee should try to come up with a predictable framework, not something that has a lot of inherent uncertainties. I don't think you should be overly worried or bullied into believing you can't do a particular thing with the legislation because it will have too muc
February 27th, 2012Committee meeting
Prof. Jeremy de Beer
Bill C-11 committee Yes. The basic issue is this: the federal government has jurisdiction over copyrights; the provinces have jurisdiction over things like contracts and property rights and devices. As long as this legislation tracks the traditional contours of copyrights, there is not likely going
February 27th, 2012Committee meeting
Prof. Jeremy de Beer
Bill C-11 committee I would just reiterate that I have provided the committee with a volume of scholarly articles and research on this going back several years.
February 27th, 2012Committee meeting
Prof. Jeremy de Beer
Bill C-11 committee For any lawful purpose.
February 27th, 2012Committee meeting
Prof. Jeremy de Beer
Bill C-11 committee Yes, if you'll permit me to, I can reply. In general, these are not issues that are as closely related as you might believe. In fact, in Europe in general, whether it's the European Union or Switzerland, there are many levies on many different devices and digital media. That's
February 27th, 2012Committee meeting
Prof. Jeremy de Beer
Industry committee Thank you very much for the opportunity to be here today. I'm a law professor at the University of Ottawa whose work focuses on IP and technology innovation, but my views here today are my own, not those of my institution or my colleagues necessarily. I studied this issue during
May 15th, 2012Committee meeting
Prof. Jeremy de Beer