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Does Bill C-11 Create Barriers to Network PVRs and Cloud Services in Canada? (michaelgeist)

Bill C-11 has passed the committee stage last week and now seems slated to
become law before the summer. The Bill C-11 legislative committee recently
posted the remaining committee submissions (C-32 submissions here, C-11 here),
which confirm that the government rejected the intense efforts of some groups
to undo many of the user-oriented provisions. Some of the demands included:

* remove the user generated content provision

* create a new fair dealing test

* remove new statutory damages limits for non-commercial infringement

* remove a new exception for educational use of publicly available materials
on the Internet

* add an iPod tax

* add statutory damages to circumvention of digital locks

* force ISPs to keep subscriber data for 3 years after an alleged
infringement

While the extreme demands were rejected, the government also decided against
proposed amendments from many groups such as those representing the visually
impaired, documentary film makers, and librarians. One of the more notable
decisions was to leave untouched a provision that could create some legal
risks for cloud computing based services such as network-based PVRs. Both
Rogers and Shaw raised ...

michaelgeist

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