[Ecommerce] Geist on parallel between political environment and copyright

[Manon Ress]

The Hill Times, October 9th, 2006
OPED
By Michael Geist

http://www.thehilltimes.ca/html/index.php?display=3Dstory&full_path=3D/
2006/october/9/geist/&c=3D1

Parallel federal political world of environment and copyright

The environment has emerged as a mainstream political issue, and
copyright is showing similar signs.

As the Conservatives prepare to roll out their policy plan for the
environment, there is little doubt that environmental concerns have
emerged as a major political issue. With polls consistently
confirming public concern with environmental sustainability, each of
Canada's major political parties is anxious to be known as the most
environmentally friendly.

The focus on environmental issues is a relatively new phenomenon. A
generation ago, if the environment was considered at all, it was
viewed as a niche issue too complex to matter to the average voter.
The complexity of environmental issues has not changed=96most Canadians
would be hard-pressed to explain carbon emissions, the details of
climate change, or the substance of the Kyoto agreement=96yet the
essence of environmental policy as clean air, clean water, and
sustainable natural resources is clearly understood.

The emergence of the environment as a mainstream political issue is
worth noting because today there is another issue that shows similar
signs of moving from the periphery to the mainstream=96copyright.

The similarities start with language=96environmental advocates speak of
protecting the environment and sustainable resources, while copyright
advocates focus on the need to protect the public domain and to
sustain access to Canadian culture.

The two issues are also similarly complex. The average Canadian knows
little about the intricacies of fair dealing or technological
protection measures, yet the implications of copyright policies that
hamper free speech, privacy, security, and consumer rights are far
easier to appreciate. Indeed, recent developments both here and
abroad suggest that the issue is beginning to garner increased
attention from the general public.

Given the large number of vocal stakeholders, including copyright
collectives, industry associations, broadcasters, as well as
education and library groups, prior copyright reform initiatives were
viewed as thorny political issues that attracted plenty of lobbyists.
The reforms remained off the public's radar screen, however,
generating limited public interest and enabling governments to broker
compromises between a relatively small group of stakeholders.

The landscape began to change in the late 1990s, as millions of
Canadians gravitated toward the Internet and began to purchase
digital entertainment products such as CDs, DVDs, and video games.
The changes in technology transformed millions of Canadians into
creators who increasingly recognized that copyright could be used to
limit their fundamental freedoms and to enjoy their consumer
products. With the majority of Canadians now online, the public is
now an active stakeholder and copyright has become one of their issues.

Moreover, copyright policy itself has begun to change. In recent
years, the Supreme Court of Canada explicitly recognized the need for
balance in copyright law, characterizing the law as a balance between
creator and user rights. The substance of copyright policy also begun
to shift away from its focus on creators toward distributors of
copyright products, who seek legal protections for technologies that
can be used to lock-down digital content.

It is those rules that have led to political repercussions in other
jurisdictions. In the Nordic countries, officials are presently
negotiating with Apple Computer about changes to its iPod and iTunes
service following growing consumer unrest and complaints to elected
officials.

In fact, Sweden is now home to the "Pirate Party," a political party
focused primarily on copyright issues. Last month, the party garnered
nearly 35,000 votes, enough to place tenth among 40 political parties
running for a place in Swedish Parliament. While the total was less
than one per cent of the national vote, the party's presence forced
several larger parties to alter their positions on copyright.

Similar developments have occurred in France, where opposition
parties have forced user-friendly copyright amendments through their
Parliament. In Australia, the government has been struggling with its
implementation of the U.S.-Australia Free Trade Agreement in light of
public concern over the copyright provisions.

In Canada, copyright has begun to attract voter attention. Thousands
of Canadians have signed petitions on copyright that have been
presented in the House of Commons and during the last election
campaign copyright played a role in the defeat of Liberal incumbent
Sarmite Bulte in Parkdale-High Park, following criticism over her
ties to copyright lobby groups. Grassroots organizations focused on
copyright representing the interests of artists, musicians, and
consumers have formed in recent months and obtained meetings with
ministers and opposition critics.

Not surprisingly, political parties have begun to take note of these
developments. Both the NDP and Green Party have adopted more user-
focused policy positions and the door is now open to the Liberal
Party to do the same.

The parallels between the environment and copyright are particularly
relevant given the persistent reports that the Conservative
government plans to introduce copyright reform legislation this fall.
If, as expected, a U.S.-style approach is introduced, Canada will be
ripe for the same opposition evidenced elsewhere as Canadians
gradually learn of the proposal's damaging effects on fundamental
freedoms, personal privacy, and consumer rights and Canada's
opposition parties line up to court the "copyright vote."

Michael Geist holds the Canada Research Chair in Internet and E-
commerce Law at the University of Ottawa, Faculty of Law. He can
reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.

The Hill Times

************************************************
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

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