Tuesday, 1 May 2012

Yar Canada! Our home and pirate land

I am not certain if I should be proud or insulted to be on the "priority watch list" of The Office of the United States Trade Representative's 2012 Special 301 Report [PDF alert]. Canada has made the highest rank on the list in a dead heat with: Algeria, Argentina, Chile, China, India, Indonesia, Israel, Pakistan, Russia, Thailand, Ukraine, & Venezuela... Columbia & Mexico are only on the "watch list", they are not a priority

This passage (pirated from the The Office of the United States Trade Representative's 2012 Special 301 Report [PDF alert]) uses far too many words in it's effort to hide that is it seemingly targeting 'rights of appeal on pharmaceutical products' teamed up with 'the challenges of piracy over the Internet'.:
Canada remains on the Priority Watch List in 2012, subject to review if Canada enacts long awaited copyright legislation. The Government of Canada has given priority to that legislation. The United States welcomes that prioritization and looks forward to studying the legislation once it is finalized, and will consider, among other things, whether it fully implements the WIPO Internet Treaties, and whether it fully addresses the challenges of piracy over the Internet. The United States also continues to urge Canada to strengthen its border enforcement efforts, including by providing customs officials with ex officio authority to take action against the importation, exportation, and transshipment of pirated or counterfeit goods. The United States remains concerned about the availability of rights of appeal in Canada’s administrative process for reviewing the regulatory approval of pharmaceutical products, as well as limitations in Canada’s trademark regime. The United States looks forward to continuing its close cooperation with Canada on IPR issues, and will continue to work with the Government of Canada to resolve these and other matters.
So we now know who to thank for the lawful access legislation that Harper appears so hell-bent on enacting.

Strangely void of the list, yet still mentioned is Switzerland:
Regarding Switzerland in particular, the United States has serious concerns regarding the inability of rights holders to secure legal redress involving copyright piracy over the Internet. The United States strongly encourages Switzerland to combat online piracy vigorously and to ensure that rights holders can protect their rights on the Internet.
So Switzerland does not recognize copyright U.S. owners under the law, but Canada is a problem! Am I the only person who fails to see the logic here? I am reasonably convinced that the MPAA and RIAA have concocted this list themselves, then had it rubber stamped by bureaucrats they had on payroll.

Technically, based on a House of Commons committee in 2007 our politicians should disregard this list at it has been stated:
In regard to the watch list, Canada does not recognize the 301 watch list process. It basically lacks reliable and objective analysis. It's driven entirely by U.S. industry. We have repeatedly raised this issue of the lack of objective analysis in the 301 watch list process with our U.S. counterparts.
But, then why all the Bill C-11 and all it's re-written lawful access younger siblings? We don't need to change the law, and we really need to stop these new ones from becoming law.


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