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Showing posts with the label competition law

Rethink: Inheritance, debt, and world views

At the end of June I joined a twitter thread started by George Soros where he referenced a short podcast essay he made about rethinking debt.   Inheritance is also a key part of systemic racism, allowing those whose wealth was gained off the (often whipped) backs of others to be perpetuated intergenerationally. So much of failed economic policy is tied to counterproductive cultural entitlements. — Russell McOrmond (@russellmcormond) June 30, 2020   While the thread was short, it touched upon some interesting ideas I wanted to expand upon. Read outside your echo chamber One person suggested that my comment came from within an echo chamber. In fact, what I wrote is what it sounds like when someone of European descent (ancestors primarily indigenous to Ireland) finally exits the Eurocentric echo chamber. Persons of European descent often imply that economic discussions are linear thinking between the theories of two Europeans: Scottish Adam Smith (Capitalism, 1700's) and German ...

Does public transit "prove" private vehicle ownership and driving is inappropriate?

If you haven't already read it, please read my earlier article where I discuss a layered model for road transportation , and I try to clarify that "technological protection measures" (TPMs) are actually a restriction on who is allowed to drive (IE: author software for), or choose drivers for, communications technology.  I strongly believe there are conversations that wouldn't even happen if we were talking about cars rather than computers . Once you have a similar understanding of the communications technology being discussed, and the most appropriate transportation technology analogy, you can begin to see just how inappropriate some of the statements made about communications technology sound. When I was a witness in front of the C-32 committee I gave a version of my "I'm holding up four things" talk I had already given in multiple settings (See: Protecting property rights in a digital world ).  The intention is to clarify that when discussing TPMs the...

Copyright Board, Copyright Collectives, and the myth that "Fair use decimated educational publishing in Canada”

(This is a letter in an ongoing dialog with a few members of federal parliament. This email was added to the list of submissions for the Copyright Board consultation.) David McGuinty, my MP in Ottawa South, David Graham, MP (Laurentides — Labelle), The Honourable Mélanie Joly, Minister of Canadian Heritage, The Honourable Navdeep Bains, Minister of Innovation, Science and Economic Development, Copyright Board Consultations I would like to thank David McGuinty for forwarding the September 8, 2017 letter from Minister Joly. This was a response to my May 1, 2017 letter titled “Myth: Fair use decimated educational publishing in Canada”. My letter highlighting some of what might colloquially be referred to as “fake news” being spread globally, primarily sourced from Access Copyright, a Canadian Collective Society. The National Copyright Unit of Australia felt this myth spreading required a response [1] As this myth primarily relates to an ongoing dispute between a collective society and pr...

Is Contributory Infringement a more appropriate #DigiCanCon topic?

When I read the following tweets I became concerned that we might see a repeat with the current Canadian Content in a Digital World Consultations of what I saw in the 10+ years of copyright consultations and committee hearings ( C-60 , C-61 , C-32 )  that eventually lead to the passage of Bill C-11 . Lots of talk surrounding the importance of protecting #IntellectualProperty and #Copyright today! #digicancon https://t.co/mUoCZcXw1e — Canadian Heritage (@CdnHeritage) October 11, 2016 #Copyright + #IntellectualProperty has to be respected – We need to educate the importance of paying for content at a young age. #digicancon — Canadian Heritage (@CdnHeritage) October 11, 2016 This is similar to how ACRTA and the Writers Guild continuously and mistakenly suggest that a willingness on the part of audiences to pay is a primary or even important consideration when it comes to scenarios when people are not paying. Educating people, young or otherwise, about the importance of paying f...

Cultural protectionism doesn't protect Canadian culture #DigiCanCon #BecauseIts2016

Since the 1950's there have been some Canadians who believe that in order to protect the culture of Canada we need to restrict Canadian's access to culture from outside of Canada.  Concepts such as CanCon has existed in positive forms such as government funding for Canadian creators, but has also existed in negative form such as restrictions on what Canadians can access of non-Canadian creativity. While the restrictions may have made sense in the 1950's in a pre-Internet era, the restrictions simply don't make sense any more.  Like a number of other modernizations we have seen recently, the reasons why we should eradicate these restrictions comes down to that simple slogan: because it's 2016. CanCon We need to modernize how we think about CanCon, and who the target of regulations should be. In a broadcast era we had the problem that there were intermediaries that programmed what people could see and when.  As it was not Canadians themselves that are making these cho...

First look at Bell's CraveTV

While I am not a fan of Bell as a company or their harmful politics, I decided to give CraveTV as a technology a quick look given they un-tied it to their BDU and Internet services since I wrote about it in January . Technology The service works on few devices, nowhere near what is available for Netflix. While their site listed Samsung SmartTV, the model I have appears to be too old for their immature app. This makes it unlikely my wife will be interested in watching video on CraveTV as she finds the other options far less convenient than just using the remote control that came with the TV -- there is so much from Netflix, YouTube, and Ted Talks that all work great on the SmartTV option to bother looking elsewhere. My first successful try with CraveTV was with what I would most often be using, which is my Chromebook and Chromecast devices.  The website was sufficient, but not inspiring.  Their "My cravings" menu allowed you to play the next video in a series, but using that i...

A (non)Copyright question in a Canadian federal election 2015 quiz.

On Monday many co-workers were circulating around a links to political quizzes.  I was asked what I thought about one that included a copyright related question, and if I was happy that Copyright was considered important enough to be part of one of these quizzes. I would have been excited, except that what I found was one of those non-copyright related issues which people commonly lump in with copyright law -- including governments who add these non-copyright related issues to copyright acts. The issue is so-called "digital locks", which when applied to content in the form of encrypted media are a competition law issues (Tied selling) and when applied to devices and software is a property law issue (IE: non-owners applying locks to things they don't own). The wording of the question and the available answers were: Should the government allow digital publishers to place locks on their content (MP3s, etc)? Yes No Let the free market, instead of the government, decide Yes, ...

Harper locking Canada into failed Clinton-era policy at root of software-based corruption

Most people have heard about the emissions scandal where Volkswagen was caught hiding the fact that they were deliberately breaking the law.  This specific issue is minor when compared to the inevitable fatalities which will result from vehicles that allow remote control, or medical devices where the person whose life is being maintained by the technology aren't allowed to independently audit what and whose instructions it is obeying. Harper amended the rules for a caretaker government this election so that his minister can continue pushing forward controversial policy which would lock Canadian law to disallow the required transparency and accountability of the very rules which govern everything from transportation and communications to medical devices and in some cases elections. While the "copyright" aspects of the Trans-Pacific Partnership are being covered elsewhere , there are non-copyright aspects embedded in the leaked Intellectual Property Rights Chapter  tha...

More trivially obvious ways to reduce copyright infringement

Contrast the following DVD pre-releases: Doctor Who: Series 9 Part 1 This title will be released on November 3, 2015. Doctor Who is currently airing on Space television (Currently owned by Bell Media) on Saturdays, with the rest of the first half airing later this October - with the DVD of those episodes being made available the week after.  As someone who doesn't have cable and isn't a customer of a BDU for Internet, I can also watch the episodes the day after they air on cable streamed from the space.ca website.  Past seasons starting from 2005 through to last years's Christmas special are all available on Netflix. Personal: I'm watching via the website each week, and will be purchasing the full season DVD when it is released.  If last year is any indication, it will be available in December prior to the airing of the Christmas special (which will be available early in the new year). Game of Thrones: Season 5 This title will be released on March 15, 2016 Game of Thro...

Works of cultural industry are nothing like "Happy Meal" toys.

When discussing cultural policy you will sometimes bump into individuals who seek to diminish the value of culture by comparing it to consumer products.  To them, one creative work is no different than another.  To quote Mark H. Goldberg  who consults to the telecommunications industry (including "regulatory and government relations") and organizes the Canadian Telecom Summit : @russellmcormond @RessyM @BenKlass there are lots of sources of video content. A specific show no different from a specific Happy Meal toy — Mark Goldberg (@Mark_Goldberg) June 18, 2015 As an author (mostly of software) who recognizes the value of the creative works of others, and as an audience and sometimes major fan of creative works, it is an understatement to say I disagree with that attitude. Creative works obviously have economic value, and we creators deserve to be materially rewarded for our contributions, but creative works have value far beyond economics.  Whether you are th...

Legitimacy of new TV options CraveTV (Bell) and Shomi (Rogers, Shaw)

As Shomi received a lot of advertising in recent months I have been asked my opinion on it. I'm known as someone who has strong opinions on digital content distribution, and as someone who is a subscriber to Netflix and not to any traditional BDU (Broadcast Distribution Undertaking, the term the CRTC uses to refer to Satellite, Cable, and related companies). My shortest answer is to say these these services aren't new, nor are they in the same market as Netflix. These services are an add-on service for existing BDU customers (Must be Television customer for Bell, but can be existing TV or Internet customer for Rogers and Shaw), and not a service that is untied to the BDU. Rogers launched Rogers On Demand Online back in 2009, and I tried it back then when I was still a Rogers cable customer. I could almost watch a movie on my desktop computer with it, but it didn't work on the various devices I had connected to my television. It was a poorly implemented technology which...

Will you explain why DRM is bad?

I was asked on twitter to explain why DRM is bad.  Given I have spent more than a decade talking about this topic, you would think there is a simple twitter-length answer: but there isn't. Whether you believe the acronym expands to Digital Rights Management, Digital Restrictions Management , or Dishonest Relationship Misinformation , it doesn't define a specific technology or technique.  The acronym is used to refer to non-controversial technologies such as databases describing content and eCommerce websites, to highly controversial things such as digital locks which lock out the owners of what is locked. We can't entirely avoid using confusing terms, as people will immediately say "Aren't you talking about DRM" when you want to speak about specific harmful activities.  It is very useful to be clear whenever the time is available. When some people are concerned about DRM they are concerned about the inability to loan electronic books, or to...