[PGCanada] Re: [Fwd: Re: !@!Re: PG Canada]

Russell McOrmond russell at flora.ca
Tue Nov 9 08:39:37 PST 2004

On Tue, 9 Nov 2004, Darryl Moore wrote:

> Lastly, we are not really into this to upset US lawyers. The purpose is 
> to promote the Canadian public domain and fight to keep it. I'd be just 
> as happy if the US were physically incapable of accessing the site.

  This is important.  This should not be about US laws at all, but the
Canadian public domain and Canadian law.  We have enough of our own
misguided Canadian policy makers to worry about (topic for
digital-copyright.ca , probably not here) than always worrying 
about foreign jurisdictions.

  Just as US citizens need to fix US law, it is Canadians that need to
fix/protect Canadian law.

  We should host on a site that not only is in Canada, but is with a
Canadian ISP that is clearly on-side with the project where the project is
not "just a customer".  Heritage Committee has recommended Canada adopt
the same "claim and censor" regime that the US has.  We need to ensure
that Canadian law is followed, and that we have Canadian lawyers on-side
with the project such that the ISP can simply ignore these SPAM messages
claiming to be from copyright holders.

  For those who haven't seen the Heritage report:

  As both a creator and an ISP I would love to be able to file any
received "notice and takedown" (claim and censor) messages with the
Competition Bureau under "deceptive marketing" and see what happens.  I
wonder if it is also fraud to claim to be the copyright holder of
something when you are not.

 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Code is Law: how software code regulates the activities of citizens,
 and acts similar to law.  How do we ensure transparency/accountability?  

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