Bill C-32 (40th Parliament, 3rd Session) committee  The three-step test comes from the Berne Convention, not the WIPO treaties. That's the distinction that has to be drawn. So this three-step test comes from article 9.2 of the Berne Convention and article 13 of the TRIPS Agreement, and thus from the WTO. I don't think the bill is

Bill C-32 (40th Parliament, 3rd Session) committee  That's the price you have to pay for a licence. It's nevertheless an authorization. It's a use in the copyright sense. So that seems normal to me.

Bill C-32 (40th Parliament, 3rd Session) committee  I don't agree. I believe you have to put the question to the collectives that have agreements in the education sector. I believe that's destabilizing them to an enormous degree. A collective, you must recall, is not a company; it's a place where there are rights holders, authors,

Bill C-32 (40th Parliament, 3rd Session) committee  I believe the decision in CCH Canadian Ltd. v. Law Society of Upper Canada went too far. I don't agree with that decision. There is an entire legal discussion that should be conducted on that matter. Are you asking what I think of that judgment?

Bill C-32 (40th Parliament, 3rd Session) committee  It seems to me it's a decision that went too far, especially because it invents a user right. It's a pure invention. In fact, it's no longer been a fiction since the decision, in 2004, but there was no previous legislative trace of it. So to say that a user has rights, in my view

Bill C-32 (40th Parliament, 3rd Session) committee  It's an odd question because the Supreme Court, as we know, is still—

Bill C-32 (40th Parliament, 3rd Session) committee  Yes, because I obviously trust the legal system. It's because there's no Supreme Court above the Supreme Court that this judgment was not overturned. At some point, in our legal system, a higher court makes the decision, but very often the Supreme Court's decisions are not chall

Bill C-32 (40th Parliament, 3rd Session) committee  Yes. I think we're going too far into the technical protection measures. You must remember that the WIPO treaties were signed in 1996 and that technology has vastly changed, a fact that has been emphasized on numerous occasions. It is virtually no longer being used. Moreover, a l

Bill C-32 (40th Parliament, 3rd Session) committee  I didn't hear the start of your question, sir.

Bill C-32 (40th Parliament, 3rd Session) committee  Of course, we have to find ways of doing things. That's why I'm telling you I'm not sure we're finding the right ways with this. As Mr. Angus said earlier, in the late 1990s, the industry's tendency to sue Internet users, in my view, was not good. A different business model shou

Bill C-32 (40th Parliament, 3rd Session) committee  I imagine you're referring to CCH Canadian Ltd. v. Law Society of Upper Canada.

Bill C-32 (40th Parliament, 3rd Session) committee  I don't think so. Instead I think we're going much further, that we're considering clause 29 of the bill, which concerns education, all non-commercial content generated by the user—I'm talking about the "reproduction for private purposes" exemption that we've talked about. If you

Bill C-32 (40th Parliament, 3rd Session) committee  "Notice and withdrawal" would indeed be the minimum, in my view. It's becoming roughly the international minimum. That's what we have to tell ourselves. Canada may isolate itself in the digital universe. I don't think this way is a good legislative strategy.

Bill C-32 (40th Parliament, 3rd Session) committee  I'm going to answer in French. In my introductory remarks, I merely set the table. We can definitely say that the bill is confusing, that it is unclear, as I said earlier. And here is evidence of that. When I present this bill to my law students, they have to take two or three

Bill C-32 (40th Parliament, 3rd Session) committee  I was here when Mr. Manley came and testified before the committee. Personally, I'm trying to get a more comprehensive perspective. That's why I'm telling you that, when we look at the whole, we see that it is opaque. Some might say that they're very pleased because they're savi