Transcript: Michael Geist on a Canadian solution for copyright | May 27, 2006

A white slate shows a donut missing a piece, which forms the copyright symbol.
A title reads "Our own creative land. Cultural monopoly. The trouble with copyright. Michael Geist."

Michael Geist stands behind a lectern in a dimly lit auditorium and addresses an unseen audience. He's in his late forties, clean-shaven, with dark brown hair combed back. He's wearing glasses, a gray suit, white shirt, and blue tie.

He says I GOT THE
E-MAIL MESSAGE ABOUT GIVING THE
LECTURE, AND I THINK IT WAS
PROBABLY IN LATE OCTOBER, EARLY
NOVEMBER, AND ABOUT A MONTH OR
TWO LATER, ON DECEMBER 22, I
GOT ANOTHER E-MAIL MESSAGE.
THE E-MAIL WAS TITLED, SAM
BULTE, DEMOCRACY IN ACTION.
IT DIDN'T CONTAIN ANY TEXT, IT
SIMPLY CONTAINED A SINGLE
ATTACHMENT, AND THIS WAS THE
ATTACHMENT HERE.

A printed page appears on screen. It reads "Sam Bulte, MPP for Parkdale-High Park, featuring in an intimate and exclusive setting, a special solo performance by Margo Timmins."

Michael continues SAME BULTE WAS AN MP FOR
PARKDALE-HIGH PARK, AND THIS
ATTACHMENT WAS ANNOUNCING A
FUNDRAISER FOR MS. BULTE, BEING
HOSTED BY, AS YOU CAN SEE, DOUG
FRITH, GRAHAM HENDERSON, JACKIE
HUSHION, DANIELLE LaBOSSIERE,
AND STEPHEN STOHN, PERFORMANCE
BY MARGOT TIMMINS.

A caption appears on screen. It reads "Michael Geist. Internet and E-Commerce law. 'Our own creative land: cultural monopoly and the trouble with copyright.' Hart House, University of Toronto. March 30, 2006."

Michael continues AND IF YOU
DON'T KNOW WHO SAM BULTE IS,
THEN THIS PROBABLY WOULDN'T
MEAN VERY MUCH.
IT'S JUST ANOTHER POLITICIAN
HOLDING A FUNDRAISER, WHICH
ISN'T PARTICULARLY UNUSUAL.
IF YOU'RE INVOLVED IN THE
CULTURE AND COPYRIGHT
COMMUNITIES THOUGH, THIS IS
FAIRLY SIGNIFICANT.
SAM BULTE WAS
AN MP, A LIBERAL MP SINCE 1997,
AND WAS INTIMATELY INVOLVED, IN
FACT, MANY WOULD SAY, THE LEAD
MP ON THE COPYRIGHT AND CULTURE
FILE FOR MANY YEARS.
AND SO I MUST SAY, WHEN I SAW
THE ATTACHMENT, AND NOTED THAT
MS. BULTE WAS GOING TO HAVE
MARGOT TIMMINS, LEAD SINGER FOR
THE COWBOY JUNKIES, AS WELL AS
THE SPOUSE OF GRAHAM HENDERSON,
WHO HAPPENS TO BE THE PRESIDENT
OF THE CANADIAN RECORDING
INDUSTRY ASSOCIATION, DOUG
FRITH, WHO HAPPENS TO BE THE
PRESIDENT OF THE CANADIAN
MOTION PICTURE DISTRIBUTORS'
ASSOCIATION, AS WELL AS THE
LEADERS OF THE ENTERTAINMENT
SOFTWARE ASSOCIATION, THE
CANADIAN PUBLISHERS' COUNCIL
AND THE PRODUCER OF DEGRASSI, I
HAVE TO SAY THAT IT GAVE ME
PAUSE.
IT PARTICULARLY GAVE ME PAUSE,
GIVEN THAT THIS FUNDRAISER WAS
GOING TO BE HELD FOUR DAYS
BEFORE ELECTION, JANUARY 19th,
2006.
AND I THOUGHT, FOR A ISSUE SUCH
AS COPYRIGHT AND CULTURE, IN AN
ENVIRONMENT THAT IS SO OFTEN
DIVIDED, AND THERE ARE SO MANY
STAKEHOLDERS WITH AN INTEREST,
I FELT THAT IT SENT A REALLY
BAD MESSAGE.
IT SENT A BAD MESSAGE IN PART,
BECAUSE THE GOVERNMENT HAD JUST
INTRODUCED BILL C-60, THE FIRST
MAJOR COPYRIGHT REFORM IN THIS
COUNTRY, AND MS. BULTE WAS THE
PARLIAMENTARY SECRETARY AT THE
TIME, AND REALLY, AS I SAY, IN
THE LEAD ON THE FILE.
JUST BEFORE THAT, ABOUT A YEAR
EARLIER, SHE WAS THE CHAIR OF
THE STANDING COMMITTEE ON
CANADIAN HERITAGE, WHO ISSUED
THIS INTERIM REPORT ON
COPYRIGHT REFORM WHICH HAD A
SIGNIFICANT INFLUENCE ON THE
UNFOLDING OF DIGITAL COPYRIGHT
IN CANADA, AND WAS WIDELY SEEN
AS VERY, VERY INFLUENTIAL.
SO I THOUGHT PERHAPS THIS WAS A
SECRET THING, AND SOMEONE HAD
SENT THIS TO ME
SURREPTITIOUSLY, BUT IN FACT,
THAT WASN'T THE CASE.
I WENT TO MS. BULTE'S WEBSITE,
AND THERE IT WAS, A FUNDRAISER,
250 dollars PER PERSON.
SO I DID WHAT MOST PEOPLE WOULD
DO, I GUESS, WHO HAVE A BLOG, I
BLOGGED ABOUT IT.

[Audience Laughter]

A screen-print of a blog article appears on a projection screen behind Michael.

Michael continues AND SO I POSTED THAT THAT'S
WHAT FRIENDS ARE FOR, AND IN IT
I MADE VERY CLEAR THAT THERE
WAS NOTHING UNLAWFUL AT ALL
ABOUT THIS FUNDRAISER, IN FACT,
THERE ARE LOTS OF PEOPLE THAT
DO FUNDRAISE, IN FACT THERE'S
NO QUESTION THAT FUNDRAISING IS
IMPORTANT, BUT ON AN ISSUE SUCH
AS THIS, WHERE AN MP IS IN A
POSITION TO REALLY DETERMINE
AND PLAY A KEY ROLE IN
COPYRIGHT POLICY, I REALLY
THOUGHT IT SENT A VERY BAD
MESSAGE.
NOW, AS I SAY, THIS TOOK PLACE
JUST A COUPLE OF DAYS BEFORE
THE HOLIDAYS BREAK, AND SO
THERE WERE A COUPLE OF BLOGS
THAT ALSO PICKED IT UP, BUT
FRANKLY, I THOUGHT THAT THE
ISSUE MIGHT JUST GENERALLY DIE
FOR LACK OF ATTENTION... UNTIL
NEW YEARS DAY, WHEN BOING
BOING, A BLOG YOU JUST HEARD
ABOUT, WHICH IS NO ORDINARY
BLOG... ONE OF THE EDITORS OF
BOING BOING IS CORY DOCTOROW.
HE'S A RESIDENT OF-- HE'S FROM
TORONTO, HE LIVES IN LONDON AT THE MOMENT.

A screen-print shows an article on BoingBoing.

Michael continues THEY HAVE A DAILY READERSHIP OF
1.7 MILLION PEOPLE.
THAT'S ABOUT THE SIZE OF THE
READERSHIP OF ALL OUR MAJOR
PAPERS PUT TOGETHER.
AND SO WHEN BOING BOING POSTED
THIS, SUDDENLY PEOPLE STARTED
TO PAY ATTENTION.
IT STARTED WITH SOME MAINSTREAM
MEDIA.
THE NEXT DAY, JACK KAPICA IN
THE GLOBE RAN A STORY, THEN YOU
HAD THE HOLLYWOOD REPORTER
RUNNING A STORY AS WELL, SO THE
TRADE PRESS BECAME INVOLVED.
THE TORONTO STAR, SEVERAL DAYS
RAN A FAIRLY SIGNIFICANT PIECE,
TALKING BOTH TO MS. BULTE AS
WELL AS MYSELF, AND YOU HAD THE
CANADIAN PRESS GET INVOLVED,
JACK GRANATSTEIN, A WELL KNOWN
HISTORIAN SPOKE OUT EXPRESSING
HIS CONCERN FOR THE KIND OF
IMAGE THAT THIS WAS PROVIDING,
AND THE CBC CHOSE TO PICK IT UP
AS WELL.
BUT IT ISN'T REALLY THE
MAINSTREAM MEDIA THAT I THINK
INTERESTS ME SO MUCH, IT WAS
EVERYBODY ELSE.
NOW THE POLITICIANS OF COURSE,
PICKED IT UP AS WELL.
PEGGY NASH WAS THE COMPETITOR
FOR SAM BULTE IN THE PARKDALE-
HIGH PARK RIDING, AND SURE
ENOUGH, AS SOON AS THIS STARTED
COMING UP IN SOME OF THEIR ALL
CANDIDATES MEETINGS, SUDDENLY,
PEGGY NASH STARTED TALKING
ABOUT IT AS WELL.
BUT IT WAS MORE IN THE BLOGS
WHERE REALLY THE STORY WAS
CARRIED, AND LITERALLY LASTED
RIGHT UNTIL THE END OF THE
ELECTION.
YOU HAD BLOGS WITH THE GLOBE
AND MAIL AND MACLEANS, BLOGS
WITH THE TORONTO STAR, SO AS
YOU PROBABLY KNOW, THE
MAINSTREAM MEDIA INCREASINGLY
BLOG, BUT IT WASN'T JUST THERE.
THERE WERE LAWYER BLOGS, LAW
PROFESSOR BLOGS, THERE WAS
LOCAL BLOGS, THE ACCORDION GUY,
JOEY DeVILLA, WHO IS A LOCAL...
A RESIDENT IN PARKDALE-HIGH
PARK, AS IS ROSS RAIDER WHO
RUNS THE RANDOM BYTES BLOG.
THERE WERE COPYRIGHT BLOGS,
THERE WERE POLITICAL BLOGS,
THERE WERE MUSIC BLOGS.

Screen-prints of different blogs flash by quickly.

Michael continues THIS IS THE BLOG FOR THE
BARENAKED LADIES, AND THIS IS A
BLOG POSTING FROM STEVEN PAIGE.
THIS IS ALSO ANOTHER MUSIC
POSTING.
THIS COMES FROM MATTHEW GOODE,
A TWO-TIME JUNO AWARD WINNER.
THERE WAS ONLINE PETITIONS THAT
WERE LAUNCHED.
THIS IS ONLINE RIGHTS CANADA,
WHICH LAUNCHED A PETITION BASED
ON ONE OF MY POSTINGS, WHERE I
CALLED ON POLITICIANS TO TAKE
WHAT I CALLED THE COPYRIGHT PLEDGE.
I SAID THAT IF YOU TOOK MONEY
FROM THE COPYRIGHT LOBBY, I
DIDN'T THINK IT WAS APPROPRIATE
THAT YOU SHOULD THEN SERVE AS
HERITAGE MINISTER OF
PARLIAMENTARY SECRETARY FOR
CANADIAN HERITAGE.
IT'S NOT THAT YOU CAN'T DEBATE
THE ISSUE IN THE HOUSE OF
COMMONS, IT'S NOT THAT YOU
CAN'T VOTE, BUT IF YOU'RE GOING
TO PLAY THAT CLOSE A ROLE, I
DIDN'T THINK IT WAS APPROPRIATE
TO TAKE MONEY.
HUNDREDS OF PEOPLE SIGNED THAT
PETITION.
PEOPLE DEVELOPED BUMPER
STICKERS, AS YOU CAN SEE HERE,

Several bumper stickers pop up on screen. One shows the face of Sam Bulte and reads "Sam works for the copyright carpetbaggers."

Michael continues AND THERE WERE LOTS AND LOTS
AND LOTS AND LOTS OF PARODIES,
ALL TAKING
OFF ON SOME OF THE SORTS OF
THINGS THAT SAM BULTE WAS
TALKING ABOUT.
NOW I HAVE TO SAY THAT EVEN
WITH ALL OF THIS, I DON'T THINK
I FULLY APPRECIATED JUST HOW
BIG THE STORY WAS UNTIL IT
STARTED PERMEATING INTO THE ALL
CANDIDATES MEETINGS, AND
SOMEONE, AT ONE OF THE ALL
CANDIDATES MEETINGS DECIDED TO
TAKE A VIDEO RECORDER AND TAPE
THIS QUESTION ABOUT WHETHER OR
NOT THE CANDIDATES WOULD BE
WILLING TO TAKE THE COPYRIGHT PLEDGE.

A clip plays on the screen showing a man speaking into a microphone at a public meeting.

The man says OR SENIOR
EXECUTIVES, AS WELL AS THE
COPYRIGHT COLLECTIVE SHALL
SERVE AS MINISTER OF CANADIAN
HERITAGE OR AS PARLIAMENTARY
SECRETARY TO THE MINISTER OF
CANADIAN HERITAGE, NOR SIT ON
ANY LEGISLATIVE COMMITTEE
CONDUCTING HEARINGS OR
DELIBERATIONS ON COPYRIGHT MATTERS.

Sam Bulte says PEOPLE SUPPORT ME
BECAUSE THEY SUPPORT MY VOICE
FOR THE ARTIST, I WILL NOT
ALLOW MICHAEL GEIST AND HIS
PRO-USER ZEALOTS, AND
ELECTRONIC FRONTIER FOUNDATION
MEMBERS TO INTIMIDATE ME INTO
SILENCING MY VOICE.
I AM PROUD OF MY SUPPORT OF THE
ARTISTS, I WILL CONTINUE TO BE
THAT VOICE.
I HAVE BEEN THAT VOICE SINCE
1997, AND I WILL ENSURE THE
VOICE OR CREATORS IS HEARD.

[Applause]

The man says SO THE ANSWER IS NO?

[Audience Laughter]

Michael continues SO WE NEVER
DID QUITE GET AN ANSWER, BUT
AFTER THAT VIDEO, WHICH
APPEARED ON A SITE CALLED YOU-
TUBE, AND WAS DOWNLOADED AND
VIEWED THOUSANDS AND THOUSANDS
OF TIMES, SUDDENLY THE STORY
BECAME LESS ABOUT THE
FUNDRAISER AND MORE ABOUT THE
BLOGGERS.
AND SO SUDDENLY NOW, IT WAS THE
MAINSTREAM MEDIA COVERING THE
BLOG STORY.
SO YOU HAD MACLEAN'S COVERING
THE BLOG STORY, YOU HAD THE
NATIONAL POST COVERING THE BLOG
STORY, THE GLOBE AND MAIL
COVERING THE BLOG STORY, AND I
SUPPOSE THAT WHEN, ON ELECTION
DAY, CANADIANS READ THAT THE
CONSERVATIVES WERE HEADED FOR A
MINORITY GOVERNMENT, ON THE
GLOBE AND MAIL'S WEBSITE, IF
YOU HAPPEN TO TAKE A LOOK AT
11:13, OR 11:15, YOU LEARNED
THAT, BLOGGERS UNITED, SAM
BULTE DEFEATED.
NOW A LOT OF PEOPLE DEBATE
ABOUT WHAT THE REAL IMPACT OF
THE BLOGGERS WERE ON ALL OF
THIS, AND THERE ARE SOME WHO
WOULD SAY THAT THE BLOGGERS HAD
A VERY SMALL IMPACT.
IT SHOULD BE NOTED THAT THERE
WERE ONLY TWO RIDINGS IN
TORONTO THAT ACTUALLY CHANGED
PARTIES, OLIVIA CHOW'S RIDING,
AS WELL AS THE PARKDALE-HIGH
PARK RIDING, AND THIS WAS, BY
FAR, THE LARGEST SWING IN
VOTES.
AND WHILE I THINK THAT BLOGGERS
DID HAVE AN IMPACT, IN A SENSE
IT MISSES THE REAL STORY, IF
THE FOCUS IN ON, WELL HOW MANY
VOTES DID BLOGGERS REALLY
MANAGE TO SHIFT HERE... WHAT
WAS THE REAL IMPACT?
BECAUSE I THINK THERE ARE FAR
MORE IMPORTANT LESSONS TO BE
TAKEN FROM THIS STORY.
I WANT TO FOCUS ON THREE IN MY
TALK TODAY.
ONE IS NEW VOICES, THE OTHER IS
NEW STAKEHOLDERS, AND THEN
FINALLY, NEW COPYRIGHT.
LET ME START THEN WITH NEW
VOICES, AND THE NEW VOICES HERE
OF COURSE, ARE THE NEW VOICES
IN THE BLOGOSPHERE, BUT THERE
IS FAR MORE, BOTH FROM A
POLITICAL PERSPECTIVE, BUT ALSO
FROM A CREATIVE PERSPECTIVE AS
WELL.
THESE NEW VOICES ARE CHANGING
EXPRESSION.
THEY ARE CHANGING THE WAY WE
PARTICIPATE.
INDEED, THEY ARE CHANGING OUR
SOCIETY.
IT IS A GOOD NEWS...
IT'S NOT JUST A GOOD NEWS, IT'S
A GREAT NEWS STORY, AND IT'S
ONE THAT IS OFTEN
UNDERREPORTED.
WE OFTEN STILL READ ABOUT THE...
WE OFTEN READ ABOUT THE ILLS OF
THE INTERNET, WHETHER IT'S
SPAM, OR SPYWARE, PEER TO PEER
FILE SHARING THAT SOME WANT TO
DEMEAN, AND THE LIKE, BUT IN
FACT THERE IS AN INCREDIBLY
GREAT NEWS STORY THAT IS TAKING
PLACE, THAT WE NEED TO PAY A
BIT MORE ATTENTION TO.
NOW PART OF IT IS BLOGS.
THIS IS TECHNORATI, WHICH IS A
SEARCH ENGINE FOR BLOGS.
SEE, HERE I TOOK THIS SCREEN
SHOT LATE LAST WEEK.
IT WAS THEN CATALOGUING 31 and a half MILLION BLOGS, WITH 2.2 BILLION LINKS.
IT'S GROWING AT ABOUT 75,000
NEW BLOGS A DAY, AND IT'S NOT
JUST HAPPENING HERE.

A screen-print shows a webpage called "Technorati" that reads "Search 31.5 million blogs for the latest on..."

Michael continues IN THE MONTH OF JANUARY THE
NUMBER ONE LANGUAGE THAT IT WAS
TRACKING WAS JAPANESE.
ENGLISH IS A SMALL PART OF THE
OVERALL TECHNORATI CATALOGUING
OF THE BLOGOSPHERE, AND WHAT WE
HAVE SEEN HAPPEN IN AN
AMAZINGLY SHORT PERIOD OF TIME,
IS THAT THE TECHNOLOGY HAS COME
DOWN TO THE LEVEL THAT NO
MATTER HOW COMFORTABLE YOU FEEL
WITH TECHNOLOGY, YOU TOO CAN BE
A BLOGGER.
YOU TOO CAN GO TO BLOGGER.COM
AND LITERALLY, AS IT SAYS,
CREATE A BLOG IN THREE EASY
STEPS, AND IT REALLY IS THAT
SIMPLE.

A screen-print shows the site Blogger.com;

Michael continues IT IS NO MORE-- IF YOU CAN WORD
PROCESS, YOU CAN CREATE A BLOG,
AND SUDDENLY YOU HAVE THE
CAPABILITY OF REACHING AN
AUDIENCE AS WELL.
NOW, OF COURSE IF IT WAS JUST
THE BLOGS OUT THERE, AND THERE
WAS MILLIONS OF THESE THINGS
THAT NOBODY HAD MUCH TIME TO
READ, IT WOULDN'T MEAN VERY
MUCH, BUT TIED IN ARE SOME
ADDITIONAL TECHNOLOGIES, FOR
EXAMPLE, REALLY SIMPLE
SYNDICATION.
IT ALLOWS PEOPLE TO CREATE
FEEDS FOR THEIR BLOGS, SO THAT
YOUR BLOG CAN EFFECTIVELY
COMPETE WITH OTHER FEEDS, FEEDS
FROM MAINSTREAM MEDIA, FEEDS
FROM OTHER BLOGGERS, AND YOU
CAN CREATE A FEED READER THAT
ALLOWS YOU TO READ THE PEOPLE
THAT YOU REALLY TRUST IN.
SO THERE MAY BE A LOT OF STUFF
OUT THERE THAT YOU DON'T LIKE,
BUT THERE MAY BE ALL SORTS OF
OTHER PEOPLE WHO SUDDENLY, YOU
TURN TO FOR THEIR ANALYSIS AND
FOR THEIR OPINION.
IT'S CREATING SOME REAL
CHALLENGES WITHOUT QUESTION,
FOR MAINSTREAM MEDIA.
THIS IS ANDREW COYNE AT THE
NATIONAL POST, ONE OF THE
LEADING COLUMNISTS IN THE
COUNTRY.
THIS IS ANDREW COYNE.COM

A screen-print shows a website that reads "National Post" and shows a picture of Andrew Coyne.

Michael continues THIS IS HIS BLOG, WHERE HE DOES
BLOG AND POSTS MANY OF HIS
COLUMNS WHEN HE CAN, BUT POSTS
FAR MORE AND ENGAGES IN A FAR
MORE-- FAR RICHER DIALOGUE WITH
HIS READERS ON THE BLOG, THAN
CERTAINLY CAN OCCUR IN THE
MAINSTREAM MEDIA WHERE YOU FIND
THAT THERE ARE LITERALLY
HUNDREDS OF PEOPLE WHO ARE
OFTEN COMMENTING.
NOW THIS IS JUST PART OF A...
THIS IS JUST A SMALL PART OF A
MUCH BIGGER STORY.
IN ADDITION TO BLOGS THERE IS
ALL SORTS OF CONTENT CREATION
THAT IS TAKING PLACE.
THOUSANDS OF MUSICIANS WHO
PREVIOUSLY WERE CONFINED TO
THEIR GARAGE, NOW HAVE SITES
LIKE GARAGE BAND, AND SUDDENLY
NOW CAN, THEMSELVES FIND AN
AUDIENCE AND ENSURE THAT THEIR
MUSIC CAN BE HEARD AND ACCESSED BY OTHERS.

A print shows the site "Garageband" and then another one shows the site "myspace.com"

Michael continues THERE'S MY SPACE, WHICH WILL BE
WELL KNOWN TO MANY STUDENTS HERE.
LITERALLY MILLIONS OF STUDENTS
USING THIS SITE FOR BOTH SOCIAL
NETWORKING, FOR MUSIC, FOR
COLLABORATION, AND THE LIKE,
ALL COMING TOGETHER IN THIS NEW
SPACE THAT IS GROWING
INCREDIBLY FAST, WITH NEW
ARTISTS SUDDENLY APPEARING
THROUGH MY SPACE.
THERE IS POST SECRET WHICH IS
JUST AN ABSOLUTELY INCREDIBLE SITE.

A print shows the site "Postsecret", which features a black and white picture of a woman covering her mouth.

Michael continues IT IS ESSENTIALLY-- IT STARTED
AS A COMMUNITY ART PROJECT,
JUST ABOUT A YEAR AND A HALF
AGO, AND TODAY RANKS AS ONE OF
THE MOST POPULAR BLOGS ON THE
INTERNET.
SOMEONE INVITED PEOPLE TO POST THEIR
SECRETS, TO SEND IN A POSTCARD
AND TELL SOMETHING TO THE WORLD
THROUGH THEIR ART, THAT THEY
PROBABLY WOULDN'T TELL THEIR
FAMILY NOR THEIR FRIENDS.
AND SO EVERY
SUNDAY, WE GET A NEW SERIES OF
SECRETS POSTED.
FRANKLY MOST OF THEM ARE PRETTY
HEARTBREAKING.
IT'S PEOPLE WHO ARE LONELY AND
PEOPLE WHO HAVE HAD DRUG
ADDICTIONS AND PEOPLE WHO ARE
STRUGGLING.
BUT THEN THERE ARE ALSO PEOPLE
WHO ARE HAPPY, AND WANT TO
SHARE THAT AS WELL, BUT DON'T
KNOW QUITE HOW TO DO IT, AND
THEY FIND IT EXPRESSED THROUGH
THEIR ART.
POST SECRET HAS NOW BEEN THE
SUBJECT OF VARIOUS ART SHOWS,
IT IS THE SUBJECT OF A BEST
SELLING BOOK, IT IS AN AMAZING
STORY, AND FRANKLY AN AMAZING SITE.

A print shows the site "fanfiction.net"

Michael continues THERE IS FAN FICTION, WHICH I
MUST ADMIT I DON'T QUITE GET,
BUT THERE ARE AN AWFUL LOT...
I USED TO THINK IT WAS JUST
PEOPLE INTO STAR TREK AND THE
LIKE, BUT FAN FICTION IS AN
OPPORTUNITY FOR PEOPLE TO
INTERACT WITH THEIR CHARACTERS.
IF YOU'RE SAD, IF YOU LOVED
RAYMOND... EVERYBODY LOVED
RAYMOND, WE'RE TOLD.
IF YOU LOVED RAYMOND AND
THERE'S NO MORE RAYMOND, YOU
CAN COME HERE AND CREATE YOUR
OWN SCRIPTS.
AND YOU KNOW WHAT, PEOPLE DO.
ABOUT-- JUST ABOUT EVERY SHOW,
JUST ABOUT EVERY MOVIE, AND
ENORMOUS SCRIPTS.
18,000 WORD SCRIPTS ABOUT
TELEVISION SHOWS, AND THEN WHAT
BECOMES REMARKABLE IS THAT YOU
GET DOZENS OF PEOPLE TALKING
ABOUT THESE SCRIPTS.
IT'S PEOPLE WHO ARE LIVING
THROUGH THEIR CULTURE AND
FINDING NEW WAYS TO EXPRESS,
AND IT ALL COMES HERE.
THERE IS THIS SITE, THE
CREATIVE ARCHIVE LICENSE GROUP,
AND YOU CAN SEE THE HEADLINE,
"FIND IT, RIP IT, MIX IT, SHARE
IT, COME AND GET IT."

A print shows the site.

Michael continues THIS COMES FROM THE BBC.
IN THE UK, THE BBC HAS
RECOGNISED THAT IT IS A PUBLIC
BROADCASTER, PAID THROUGH
PUBLIC FUNDS.
MUCH OF WHAT IT CREATES, THE
PUBLIC HAS CREATED IT, AND IS
TRYING TO GIVE BACK.
AND SO THROUGH THE CREATIVE
ARCHIVE LICENSE GROUP, IT GIVES
BACK HUNDREDS OF HOURS OF
PROGRAMMING, AND AS YOU CAN
SEE, IT INVITES PEOPLE TO
CREATE THEIR OWN CREATIONS
BASED ON THE ORIGINAL BBC
CREATIVITY.
THEY DO MORE THAN JUST THAT.
THIS IS THE BACKSTAGE PROGRAM,
WHICH I POINT TO, BECAUSE IT
HAS A SLOGAN I LOVE, "USE OUR
STUFF TO BUILD YOUR STUFF."

A new print shows the site "backstage.bbc.co.uk"

Michael continues THERE IS CONTENT SHARING, AND
ALTHOUGH WE HEAR SO MUCH IN A
CONTENT SHARING PERSPECTIVE
ABOUT PEER TO PEER, I'M
THINKING ABOUT MUCH MORE.
I'M THINKING ABOUT FLICKR.

A print shows the site "flickr," which has a banner that reads "The best way to store, search, sort and share your photos."

Michael continues THIS IS ONE OF THE GREAT
CANADIAN SUCCESS STORIES,
STARTED BY A VANCOUVER COUPLE,
JUST A COUPLE OF YEARS AGO,
RECOGNISING THAT THERE WERE
LITERALLY MILLIONS OF DIGITAL...
MILLIONS OF PEOPLE WITH DIGITAL
CAMERAS AND NOT-- AND WANTING
TO SHARE THEM, BUT NOT QUITE
SURE HOW TO DO IT, AND FLICKR
CREATED AN ENVIRONMENT WHERE
PEOPLE COULD DO THAT, AND DO
THAT EASILY.
SO THAT TODAY, YOU CAN GO ON
AND THERE ARE TENS OF MILLIONS
OF PICTURES IN IT.
YOU CAN PUNCH IN JUST ABOUT
ANYTHING, OF COURSE, INCLUDING
HART HOUSE, AND FIND LITERALLY
DOZENS OF PICTURES, MOST OF
THEM THERE TO BE USED, JUST AS
YOU SAW THEM USED BEFORE THE TALK.

Now a print shows the "creative commons" site.

Michael continues PART OF THAT IS TIED IN WITH
CREATIVE COMMONS, STARTED BY
STANFORD PROFESSOR LARRY
LESSIG, WITH THE NOTION THAT
COPYRIGHT PROVIDES US WITH AN
ALL RIGHTS RESERVED WORLD.
IT KIND OF GIVES IT TO US.
AND WE'RE ALL COPYRIGHT
CREATIVE, WE'RE ALL CREATORS
HERE.
WE ALL ENJOY COPYRIGHT IN OUR
WORK, AND BY DEFAULT, WE GET
ALL THE RIGHTS.
WELL LESSIG'S IDEA WAS THAT WE
MAY NOT NEED ALL THE RIGHTS.
WE MAY BE COMFORTABLE WITH SOME
OF THE RIGHTS.
WE MAY BE COMFORTABLE WITH
PEOPLE, AS WE SAW JUST BEFORE,
USING SOME OF THESE WORKS FOR,
LET'S SAY NON-COMMERCIAL
PURPOSES, WITH NOTHING MORE
THAN ATTRIBUTION, SOMETIMES
WITH NOT EVEN THAT.
STARTED JUST A COUPLE OF YEARS
AGO, TODAY CREATIVE COMMONS HAS
MORE THAN 50 MILLION WORKS THAT
ARE LINKED BACK WITH CREATIVE
COMMONS LICENSES, FROM CREATIVE
COMMONS HAS COME I-COMMONS, THE
INTERNATIONALISATION OF
CREATIVE COMMONS WITH DOZENS OF
COUNTRIES AROUND THE WORLD
CREATING LICENSE SPECIFICALLY
FOR THEIR COUNTRY, INCLUDING
CANADA, AND AT THE UNIVERSITY
OF OTTAWA, WE HAVE BEEN
INTIMATELY INVOLVED IN DOING
THAT, WHICH HAS LED TO THE
SCIENCE COMMONS, TRYING TO DO
THE SAME THING FROM A
SCIENTIFIC PERSPECTIVE AS WE
SEE FROM A CULTURAL PERSPECTIVE.

A print shows the site for "science commons," followed by the site for "ccMixer."

Michael continues WHICH HAS LED TO CCMIXTER,
WHICH IS BEING USED IN PART OF
THE MUSIC CONTEST THAT YOU'RE
SEEING, THE REMIX, THE MASHING
UP OF MUSIC, AND JUST IN CASE
YOU'RE WONDERING HOW MUCH MUSIC
IS OUT THERE, THIS IS ONE SITE
HERE, SOUND CLICK, AND IF YOU
TAKE A LOOK, YOU CAN SEE, TOTAL
CC LICENSES, MORE THAN 200,000
CC LICENCED SONGS.

A print shows the site "Soundclick."

Michael continues SO THAT A COUPLE OF WEEKS AGO,
WHEN A COPYRIGHT COLLECTIVE IN
SPAIN, TOOK A SPANISH BAR TO
COURT FOR NOT PAYING THE
ROYALTIES, THE FEES ASSOCIATED
WITH PLAYING MUSIC IN THE BAR,
THE RESPONSE FROM THE BAR WAS,
NO, HOLD ON A SECOND, WE USE CC
MUSIC, WE USE CREATIVE COMMONS
LICENSED MUSIC, A CASE THAT
WENT TO THE COURT, AND THE
COURT ULTIMATELY SAID, INDEED
YOU DO, AND YOU HAVE ALL THE
PERMISSIONS YOU NEED WITHOUT
PAYING THE ADDITIONAL ROYALTIES
TO THE COLLECTIVE.
AS IT HAPPENS, THE COLLECTIVE
WON'T ACCEPT, AT LEAST NOT YET,
COLLECTIVE COMMONS LICENSED
WORK.
THERE IS KNOWLEDGE HERE, AND SO
IT'S NOT JUST ABOUT THE
CREATIVITY, AND I THINK OF
KNOWLEDGE SHARING, THE FIRST
SITE I THINK OF IS WIKIPEDIA.

A print shows the language selection site for Wikipedia.

Michael continues NOW THE ENCYCLOPAEDIA
BRITANNICA DOESN'T LIKE TO TALK
ABOUT WIKIPEDIA VERY MUCH, THEY
CERTAINLY DON'T LIKE TO BE
COMPARED TO WIKIPEDIA, BUT WHAT
WE HAVE HERE IS A SITE, FOR
WHICH LITERALLY NOW, MILLIONS
OF INTERNET USERS TURN HERE
FIRST WHEN THEY'RE LOOKING FOR
INFORMATION ABOUT-- JUST ABOUT
ANYTHING, QUITE FRANKLY.
YOU CAN SEE THAT THERE ARE MORE
THAN A MILLION ENTRIES IN
ENGLISH ALONE.
THIS IS ALL COMMUNITY
GENERATED.
EVERYBODY FROM NOBEL PRIZE
WINNERS ON THE ONE SIDE, TO
JUST INDIVIDUALS ON THE OTHER,
WANT TO GO OUT AND LEARN, AND I
PROBABLY SHOULD HAVE PUT THE
HART HOUSE ENTRY, BECAUSE THERE
IS ONE.
I THINK THERE'S A HART HOUSE
LECTURE ENTRY EVEN, IN
WIKIPEDIA, BUT THERE ARE
HUNDREDS OF THOUSANDS OF
ENTRIES HERE, ALL COMMUNITY
GENERATED, AND MORE THAN JUST
THESE LANGUAGES.
THERE ARE THESE LANGUAGES AS WELL.
THIS IS TRULY A GLOBAL PHENOMENON.
THERE ARE LANGUAGES THERE THAT
CLEARLY EVEN MY COMPUTER
DOESN'T EVEN RECOGNISE.
SINCE I'M
JUST GETTING THE QUESTION
MARKS, IT DOESN'T QUITE KNOW
WHAT THE LANGUAGE WAS.
WIKIPEDIA IS GOING BEYOND JUST
THE ENCYCLOPAEDIA APPROACH,
THERE IS WIKI NEWS FOR CITIZEN
JOURNALISTS, THERE IS WIKI
BOOKS, AN INITIATIVE THAT I'M
PARTICULARLY EXCITED ABOUT,
WHERE LARGE NUMBERS OF
EDUCATORS ARE COMING TOGETHER
TO PUT TOGETHER MODULES THAT
CAN SERVE AS TEXTS OF THE
FUTURE.
WE ALL KNOW HOW EXPENSIVE TEXTS
ARE, AND IF YOU THINK THEY'RE
EXPENSIVE HERE, THINK ABOUT THE
COST IF YOU WERE IN A
DEVELOPING COUNTRY, AND YOU
NEED ACCESS TO THAT KIND OF
KNOWLEDGE.
THIS HAS THE CAPABILITY OF
PROVIDING THAT.
THERE IS PROJECT GUTENBERG.
WE DON'T NEED TO WAIT FOR
BOOKS, THE BOOKS ARE ALREADY THERE.
A PROJECT THAT IS SCANNING IN
PUBLIC DOMAIN WORKS, AND AS YOU
CAN SEE, MORE THAN 17,000
BOOKS, SITTING AND WAITING YOU
CAN GO AHEAD, YOU CAN DOWNLOAD,
YOU CAN READ.

A print shows the Project Gutenberg site.

Michael continues THESE ARE WORKS THAT ARE ALL IN
THE PUBLIC DOMAIN.

Now a print shows the site for the Public Library of Science.

Michael continues THE PUBLIC LIBRARY OF SCIENCE,
A PROJECT STARTED JUST A COUPLE
OF YEARS AGO, WITH SOME SEVERE
CRITICISM OF SOME IN THE
SCIENTIFIC COMMUNITY WHO SAID,
WHY IS ANYONE GOING TO PUBLISH
IN THIS OPEN ACCESS JOURNAL,
AND A NUMBER OF YEARS LATER,
THIS HAS BECOME AN
INDISPENSABLE TOOL FOR THE
SCIENTIFIC COMMUNITY, WITH
NOBEL PRIZE WINNERS PUBLISHING
IN THIS, JUST AS THEY PUBLISH
IN MANY OTHER JOURNALS.
THERE'S THE INTERNET ARCHIVE,
STARTED BY SOMEONE BY THE NAME
BREWSTER KALE, WHICH IS WORTH
EXPLORING FOR ALL KINDS OF
REASONS, INCLUDING THE FACT
THAT HE HAS, SINCE THE MID
'90s, ARCHIVING THE INTERNET.
SO YOU CAN LITERALLY SEE THE
EVOLUTIONS OF WEBSITES LONG
AFTER THEY HAVE DISAPPEARED.

A print shows the site.

Michael continues BUT HE HAS MORE, HE HAS THE
PRELINGER ARCHIVE, WHICH
CONTAINS SEVERAL THOUSAND
FILMS, THAT ARE NOW IN THE
PUBLIC DOMAIN THAT CAN ALSO BE
FREELY ACCESSED.
THERE'S THE GOOGLE SCHOLAR
PROGRAM THAT HAS THOUSANDS OF
SCHOLARLY PERIODICALS THAT ARE
NOW FULLY SEARCHABLE AND IN
MANY INSTANCES FREELY AVAILABLE.

A print shows the Google scholar site, followed by the Google Book Search site.

Michael continues THERE IS THE MORE CONTROVERSIAL
GOOGLE BOOK SEARCH PROGRAM,
WHERE GOOGLE HAS COMBINED WITH
FIVE MAJOR UNIVERSITY LIBRARIES
AS WELL AS THE NEW YORK CITY
LIBRARY, TO DIGITISE LITERALLY
MILLIONS OF BOOKS.
AND WHEN YOU TYPE IN SOMETHING,
LET'S SAY, DICKENS, AS I DID,
YOU GET ALL OF THE DICKENS
TEXTS, BECAUSE OF COURSE, THEY
ARE IN THE PUBLIC DOMAIN, BUT
YOU GET THOUSANDS OF ADDITIONAL
REFERENCES FOR ALL KINDS OF
OTHER BOOKS, AND IF THOSE BOOKS
ARE STILL SUBJECT TO COPYRIGHT,
YOU GET NOTHING MORE THAN A
LITTLE SNIPPET.
AND SO YOU CAN-- IT SERVES
ESSENTIALLY AS A 21st CENTURY
CARD CATALOGUE, BRINGING TO
LIFE BOOKS THAT WERE LONG
FORGOTTEN, THROUGH THE
DIGITISATION PROCESS.
WHEN WE THINK OF KNOWLEDGE
SHARING, WE ALSO HAVE TO THINK
OF THE TECHNOLOGY.
SO WHETHER YOUR BROWSER IS FOR
EXAMPLE, OR WHETHER YOUR E-MAIL
APPLICATION IS THUNDERBIRD,
YOUR WORD-- YOUR WEB SERVER IS
LIKELY APACHE, THE MAJOR WEB
SERVER OUT THERE, YOU MAY BE
USING LINUX, YOU MAY BE USING
OPEN OFFICE FOR YOUR WORD
PROCESSING, YOUR WEBSITE MAY BE
USING CONTENT MANAGEMENT
SYSTEMS LIKE JOOMLA, REGARDLESS,
ALL OF THESE ARE PART OF THE
OPEN SOURCE SOFTWARE, THEY ARE
ALL MADE TOGETHER BY A
COMMUNITY OF PROGRAMMERS WHO
SEEK NOTHING MORE THAN THE
ABILITY TO SHARE THEIR
KNOWLEDGE.
IF YOU GO TO SOURCE FORGE, IN
FACT, YOU WILL FIND THAT THERE
ARE MORE THAN 1.2 MILLION
REGISTERED USERS, WHO ARE
WORKING ON MORE THAN 116,000
SOFTWARE PROJECTS.
IN OTHER WORDS, YOU AIN'T SEEN
NOTHING YET, WHEN YOU START
THINKING ABOUT THE KINDS OF
OPEN SOURCE SOFTWARE PROJECTS
THAT ARE GOING TO HIT THE
MARKET, AND HIT THE MARKET SOON.
SO THIS IS A GOOD NEWS-- THIS
IS A GREAT NEWS STORY.
BUT WHAT I WANT TO TELL YOU IS
THAT THERE IS MORE GOOD NEWS.
THE MORE GOOD NEWS HAS TO DO
WITH THE CONVENTIONAL MEDIA,
SOME OF WHOM CONTINUE TO INSIST
THAT THIS IS HARD TIMES.
THESE ARE CHANGING TIMES, BUT
THEY CAN BE GOOD TIMES AS WELL.
THE PRINT MEDIA IS EXPERIENCING
FLAT READERSHIP IN CANADA, A
DECLINE IN THE UNITED STATES,
BUT IF YOU TAKE A LOOK WHERE
THE GROWTH IS, THE GROWTH COMES
ONLINE.
THE TORONTO STAR, ONE OF THE
PAPERS THAT I WRITE FOR, HAS
BLOGS AND PODCASTS AND RSS
FEEDS, AND IT'S ONLINE
CIRCULATION WILL UNDOUBTEDLY
PASS ITS PAPER BASED
CIRCULATION, EVEN THE LARGEST
PAPER IN THE COUNTRY, VERY
SOON.
MANY OTHER PAPERS ARE ALREADY
THERE.
THE NEW YORK TIMES FOR EXAMPLE,
WITH MORE READERSHIP OFF LINE
THAN IT HAS OFFLINE.
CONSIDER FOR EXAMPLE, THE FOUR
MAJOR FINANCIAL PRINT
PUBLICATIONS, THE WALL STREET
JOURNAL, FINANCIAL TIMES,
FORTUNE AND FORBES.
IN 2002, THEY ALL HAD ROUGHLY
THE SAME NUMBER OF UNIQUE
VISITORS A MONTH, GIVE OR TAKE.
1 MILLION, YOU CAN SEE, FOR THE
JOURNAL, 1.7 FOR FORTUNE AND
FORBES.
THREE YEARS LATER, EACH OF
THESE PUBLICATIONS TOO
ALTERNATE APPROACHES.
AND SO THE WALL STREET JOURNAL
CHOSE TO TAKE A SUBSCRIPTION
BASED APPROACH.
IT COSTS TO ACCESS THE JOURNAL,
AND YOU CAN SEE THEY'VE DONE
QUITE WELL.

A chart appears on screen showing the subscriptions for different journals in 2002 and 2005.

Michael continues THEY'VE GONE FROM 1 TO 3.3.
MANY OF THOSE ARE PAID
SUBSCRIBERS.
THERE'S NO QUESTION THEY'RE A
WINNER THERE.
NOW THE FINANCIAL TIMES HAS
GROWN JUST MARGINALLY.
IF YOU THINK ABOUT THE GROWTH
OF JUST INTERNET USERS BETWEEN
2002 AND 2005, YOU SHOULD DO
THIS, EVEN IF YOU DIDN'T CHANGE
YOUR WEBSITE, QUITE FRANKLY.
BUT THE FINANCIAL TIMES, NO ONE
KNOWS QUITE WHAT TO EXPECT.
SOME OF THE STUFF IS FREELY
AVAILABLE, SOME OF IT ISN'T.
SOME OF IT STARTS OFF FREELY
AVAILABLE, AND SOMETIMES IT
TURNS INTO A PAY BASED STUFF.
FORTUNE HAS GONE DOWN, WHICH IS
THE MOST AMAZING FACT OF ALL OF
THESE SLIDES.
I MEAN TO GO DOWN IN THE
INTERNET SPACE OVER THE LAST
THREE YEARS, IS REMARKABLE.
YET FORTUNE USES THEIR SITE
PREDOMINANTLY JUST TO SELL THE
PAPER BASED JOURNAL, WITHOUT
MUCH CONTENT.
AND THEN THERE'S FORBES, WHICH,
AS YOU CAN SEE, HAS MORE
CIRCULATION, MORE UNIQUE
VISITORS PER MONTH, THAN THE
OTHER THREE COMBINED.
AND WHAT FORBES SAID IS, WE'RE
IN THE AD BUSINESS, AND THE AD
BUSINESS PAYS BY ENSURING
YOU'VE GOT MORE EYEBALLS.
THE MORE CONTENT YOU GET, THE
MORE PEOPLE COME TO YOUR SITE,
AND SO THEY PUT IT UP AND THEY
MAKE IT AVAILABLE.
AND IN A MARKET WHERE GOOGLE
WILL DO 6 BILLION dollars THIS YEAR IN
AD REVENUE ALONE, MAINSTREAM
MEDIA SITES, JUST IN AN ARTICLE
IN NEW YORKER THIS WEEK, TALKS
ABOUT DOING 2 BILLION IN AD
REVENUE ALONE, YOU TELL ME WHO
THE WINNER IS IN THIS
MARKETPLACE.
THERE'S THE BOOK MARKET, WHERE
BOOKS HAVE REMAINED RELATIVELY
STABLE OVER THE LAST COUPLE
OF-- OVER THE LAST FEW YEARS,
THESE ARE STATSCAN NUMBERS.
BUT THERE ARE GREAT
OPPORTUNITIES HERE AS WELL.
THERE'S WHAT'S REFERRED TO
FREQUENTLY AS THE LONG TAIL.

A slide reads "Books. Canadian retail sales remain stable. 2005, Canadian Heritage study finds positive correlation between E.E.N. internet use and reading."

Michael continues THE NOTION OF
THE LONG TAIL STARTS WITH A
STORY ACTUALLY, FROM THE BOOK
MARKET, WHERE YOUR AVERAGE BOOK
SUPERSTORE, YOUR CHAPTERS, OR
YOUR BARNES AND NOBLE IN THE
UNITED STATES, CARRIES ABOUT
130,000 TITLES.
IT TURNS OUT THAT AMAZON, WHICH
CARRIES HUNDREDS OF THOUSANDS
MORE, SELLS MORE BOOKS FROM
BOOKS THAT ARE RANKED BELOW THE
TOP 130,000, THAN THOSE IN THE
TOP 130,000.
IN OTHER
WORDS, THERE ARE MORE BOOKS TO
BE SOLD THAN ARE CARRIED WITHIN
YOUR LOCAL CHAPTERS, THAN
CHAPTERS IS ITSELF ABLE TO CARRY.
NOW THIS IS WHAT'S CALLED A
LONG TAIL, BECAUSE YOU SEE, DAN
BROWN AND HARRY POTTER, OF
COURSE, ARE THE BIG PART OF THE
FRONT TAIL, AND THEY SELL LOTS
AND LOTS AND LOTS OF BOOKS.
BUT THERE ARE HUNDREDS OF
THOUSANDS OF AUTHORS OUT THERE
WHO DON'T SELL HUNDREDS OF
THOUSANDS OF BOOKS, THEY SELL
FIVE BOOKS OR TEN BOOKS A YEAR,
BUT THERE'S A LOT OF THEM.
AND IF YOU COLLECT ALL OF THEM
TOGETHER, AS AMAZON HAS, OR
CHAPTERS CAN, SUDDENLY YOU FIND
THERE'S A GREAT NEW MARKET.
IF YOU GET OUTSIDE THE COUNTRY
AND YOU THINK ABOUT THE
CANADIAN BOOK MARKET... IF WE
GO TO CHAPTERS, OF COURSE WE
CAN FIND LOTS AND LOTS OF GREAT
CANADIAN STUFF.
BUT TRY DOING THAT IN A BORDERS
OR A BARNES AND NOBLE IN THE
UNITED STATES.
THERE'S THE ATTWOODS AND THE
MARTELS TO BE SURE, BUT THERE
ISN'T NEARLY THAT KIND OF
SELECTION.
IN FACT SO MUCH OF CANADIAN
BOOKS ARE THIS LONG TAIL, ONCE
YOU GET OUTSIDE THE COUNTRY.
THIS REPRESENTS A TREMENDOUS
OPPORTUNITY.
THERE ARE OPPORTUNITIES TO
EMBRACE THE CREATIVE COMMONS
APPROACH AS WELL.
YOU'LL FORGIVE THIS PLUG, BUT,
"IN THE PUBLIC INTEREST," A
BOOK THAT I EDITED LAST FALL,
THE FUTURE OF CANADIAN
COPYRIGHT LAW, WHICH HAS
CONTRIBUTED-- 19 CONTRIBUTORS,
JUST ABOUT EVERYBODY IN
ACADEMIA, TEACHING IN COPYRIGHT
IN THE COUNTRY CONTRIBUTED,
PUBLISHED BY IRWIN LAW, A
MAINSTREAM LEGAL PUBLISHER,
MADE AVAILABLE UNDER A CREATIVE
COMMONS LICENSE, AND SO YOU CAN
BUY THE BOOK, IT'S 50 dollars FROM
IRWIN LAW, OR YOU CAN GO TO
IRWIN LAW AND YOU CAN DOWNLOAD
ALL OF IT IF YOU LIKE.
EVERY CHAPTER, ALL 600 PAGES
ARE THERE TO BE DOWNLOADED, AND
THE VIEW THAT THE PUBLISHER HAS
TAKEN IS, YES, THERE MAYBE SOME
PEOPLE WHO WOULD RATHER
DOWNLOAD ALL 600 PAGES, RATHER
THAN PAY THE 50 BUCKS FOR THE
BOOK, BUT WE'RE GOING TO BET
THAT THERE ARE MORE PEOPLE WHO
ARE GOING TO GET EXPOSED TO THE
BOOK, THROUGH CREATIVE COMMONS
LICENSING THAN WOULD
OTHERWISE...
THAN WOULD OTHERWISE NOT HAVE
PURCHASED IT.
AND SO THE OPPORTUNITIES ARE
THERE FOR PUBLISHERS IF THEY
ONLY EMBRACE IT.
THERE'S TELEVISION, WHICH IS
DOWN IN SOME OF THE YOUNGER
DEMOGRAPHICS.
IT'S COMPENSATED A LITTLE BIT
BY THE OLDER DEMOGRAPHICS, BUT
WE'RE SEEING SOME AMAZING
CHANGES HERE, TOO.
THIS, I HAVE TO TELL YOU IS MY
FAVOURITE SLIDE.
THIS IS iTUNES TELEVISION SHOW
PAGE FOR JUST-- FOR THE UNITED STATES.

A print shows a website with many images from different movies, and many classifications.

Michael continues WE DON'T HAVE ANYTHING QUITE
LIKE THIS IN CANADA YET.
IF I WAS GIVING THIS TALK, BACK
WHEN I WAS FIRST ASKED IN THE
FALL, THIS PAGE DIDN'T EXIST.
IT'S ONLY A NUMBER OF MONTHS
AGO THAT iTUNES, APPLE iTUNES
CAME TOGETHER WITH ABC TO START
WITH, WITH A FEW TELEVISION
PROGRAMS,
LOST
AND
DESPERATE HOUSEWIVES,
AND A COUPLE OF OTHER SHOWS.
THIS IS WHAT IT LOOKS LIKE
TODAY, WHERE YOU CAN, FOR 1 dollar OR 2 dollars, DOWNLOAD LITERALLY DOZENS
OF SHOWS, DOWNLOAD THE
BASKETBALL, THE NCAA BASKETBALL
TOURNAMENT, IN THE UNITED
STATES, GET A PACK, YOU CAN GET
THE DAILY SHOW
FOR THE
ENTIRE MONTH FOR ABOUT 15 dollars.
I'D BE WILLING TO WAGER THAT IF
YOU HAD SOMEONE COME BACK AND
TAKE A LOOK AT THIS PAGE IN A
YEAR'S TIME, YOU WILL FIND JUST
ABOUT EVERYTHING.
THE BROADCASTERS ARE GOING AS
FAST AS THEY CAN TO MAKE THIS
AVAILABLE, SO THE TIME FROM
WHEN YOU WATCHED IT ON
TELEVISION UNTIL WHEN YOU BUY
THE DVD, SUDDENLY YOU CAN BUY
IT YET AGAIN, THIS TIME AS A
DOWNLOAD THROUGH APPLE iTUNES.
BUT IT'S NOT JUST THIS EXAMPLE
THINK OF
THE GUIDING LIGHT,
IF YOU WILL.
I'M SURE, SOMETHING NOBODY HERE
WATCHES, UNDOUBTEDLY, BUT
THE GUIDING LIGHT
STARTED LIFE AS A RADIO SOAP
OPERA, AND IN THE 1950s, BECAME
A TELEVISION BASED SOAP.
NOW CBS OFFERS PODCASTS OF
THE GUIDING LIGHT
TRYING TO FIND A NEW AUDIENCE.
AND SO IF YOU MISSED YOUR
EPISODE-- A FAVOURITE EPISODE...
IF YOU MISSED AN EPISODE, WELL
FRANKLY, I DON'T KNOW THAT YOU
MISSED MUCH.
IT SEEMS LIKE IT'S THE SAME
STORY ALWAYS, BUT NEVERTHELESS,
IF YOU MISSED THE EPISODE, YOU
CAN DOWNLOAD THE PODCAST, AND
ACTUALLY LISTEN TO THAT
PARTICULAR EPISODE.
AND THEN THERE'S YOU-TUBE, THE
NET'S BEST TIME WASTER RIGHT
NOW, AS FAR AS I CAN TELL.

A print shows the YouTube site.

Michael continues LITERALLY TENS OF MILLIONS OF
CLIPS... I REFER TO IT IN A
RECENT PIECE AS THE CLIP
CULTURE.
NOW SOME OF THIS IS STUFF TAKEN
OFF OF NETWORK BROADCASTERS,
AND MANY BROADCASTERS ARE
EMBRACING IT.
THIS IS A GREAT VEHICLE FOR
GETTING FREE PROMOTION AND
FINDING THAT PEOPLE WILL THEN
WATCH YOUR SHOW.
THERE'S A FEW THAT AREN'T, BUT
FOR THE MOST PART THEY ARE.
BUT WHAT MAKES YOU-TUBE REALLY
GREAT, ISN'T THE CLIPS THAT
COME FROM THE BROADCAST SHOWS,
IT'S EVERYTHING ELSE.
I HAVE TO TELL YOU THAT I WAS
LOOKING, JUST A FEW DAYS AGO,
FOR HIGHLIGHTS OF A BASKETBALL
GAME ON SUNDAY.
GEORGE MASON, THE CINDERELLA
STORY, WHICH IS GOING TO
BASKETBALL'S FINAL FOUR IN THE
UNITED STATES, AND WENT TO YOU-
TUBE FOR A CLIP.
THEY HAD A NUMBER OF CLIPS, BUT
BY FAR THE BEST ONE, WAS CLIPS
OF GEORGE MASON STUDENTS
SITTING-- OR STANDING AND
CHEERING VERY, VERY LOUDLY IN
SORT OF A CENTRAL SPOT ON
CAMPUS, THOUSANDS OF THEM, AS
THEY WATCHED THIS GAME.
AND YOU HAD VIDEO, ABOUT A
THREE MINUTE CLIP WATCHING
THIS.
FAR BETTER THAN ANY HIGHLIGHT
PACKAGE, ALL MADE AVAILABLE,
PART OF THAT USER GENERATED
CREATIVITY.
THERE'S THE VIDEO GAME
INDUSTRY, WHICH IS DOING
PHENOMENALLY WELL.
THEIR INCREASES-- THEY NOW SELL
MORE THAN THE MUSIC DOES IN
CDs, AND IF YOU TAKE A LOOK AT
THESE NUMBERS, 1 and a half UNITS PER HOUSEHOLD, THIS IS TELEVISION-
LIKE NUMBERS.
THOSE WHO HAVE KIDS, SUCH AS MY
AGE, THIS IS SORT OF OBVIOUSLY,
DUH...
AND THOSE THAT ARE A LITTLE BIT
OLDER, THAT HAVEN'T SEEN THAT
YET, DON'T QUITE SEE IT, BUT
THE REALITY IS, IF YOU WALK
INTO STORES, THE VIDEO GAME
MARKET IS JUST BOOMING, AND IN
FACT, VIDEO GAME MAKERS ARE
COMING TO CANADA, AND JUST LAST
WEEK, THE ONTARIO GOVERNMENT
WAS CREATING NEW TAX CREDITS
FOR THE VIDEO GAME MARKET.
NOT BECAUSE OF OUR COPYRIGHT
LAWS, BUT BECAUSE COMPANY AFTER
COMPANY, AFTER COMPANY, ALL
CANADIAN, ALL ARE FINDING THAT
THIS IS A GOOD PLACE TO DO
BUSINESS, WHY?
BECAUSE THE SKILLS ARE HERE AND
THE MARKET IS GOOD.
THERE'S THE MOVIE BUSINESS,
WHICH LAST YEAR SUFFERED
SOMEWHAT, BUT UP UNTIL THEN,
HAD EXPERIENCED YEAR AFTER YEAR
OF RECORD PROFITS, LARGELY
DRIVEN, NOT BY PEOPLE GOING TO
THE THEATRE, BUT FROM PEOPLE
BUYING THE DVD OR ACCESSING THE
MOVIES IN MULTIPLICITY OF WAYS.
IN FACT CINECLIX IS ANOTHER
REALLY COOL CANADIAN STORY.
THIS IS A COMPANY BASED OUT IN
VANCOUVER, THAT MAKES INDY
FILMS AVAILABLE TO DOWNLOAD
IMMEDIATELY RIGHT ON THE WEB.
AGAIN, NOT WAITING FOR
COPYRIGHT LAW, DOING IT TODAY.
THERE'S THE RADIO MARKET, AND
JUST AS PART OF A CRTC HEARING
THAT WAS JUST LAUNCHED, THEY
INDICATED THAT THEY ARE
STRUGGLING.
THEY ARE CERTAINLY STRUGGLING
AMONGST THE YOUNGER
DEMOGRAPHICS.
YOU NEED ONLY WALK AROUND
CAMPUS, TO SEE EVERYBODY WITH
THE WHITE EAR BUDS AND THE
iPODS, TO KNOW THAT THEY AREN'T
LISTENING TO THE RADIO.
YET RADIO IS TRYING.
THERE'S THE EDGE, A LOCAL
BROADCAST THROUGH CHORUS THAT
HAS TAKEN THE ONGOING HISTORY
OF NEW MUSIC, AND HAS MADE IT
INTO A PODCAST.
BUNDLES IT TOGETHER WITH A BIT
OF ADVERTISING, AND MAKES IT
AVAILABLE.
THERE'S K-YOU RADIO IN SAN
FRANCISCO, WHICH IS ALL
PODCAST, ALL THE TIME.

A print shows the K you radio site.

Michael continues IT'S USER GENERATED RADIO, IT'S
RADIO THAT I DON'T NECESSARILY
WANT TO LISTEN TO, BUT
NEVERTHELESS, THEY'RE TRYING TO
FIND WAYS TO ENGAGE WITH THEIR
AUDIENCE, BECAUSE THEY
RECOGNISE IF THEY DON'T, THEY
WON'T CONTINUE TO EXIST.
AND THEN THERE'S THE MUSIC
INDUSTRY WHICH HAS SUFFERED A
WELL DOCUMENTED DECLINE OVER
THE LAST FEW YEARS.
SOME OF THIS MAY BE
ATTRIBUTABLE TO PEER TO PEER.
I'VE WRITTEN QUITE A LOT,
ARGUING THAT, IN FACT THERE ARE
LOTS OF OTHER REASONS THAT WE
CAN FIND FOR WHY MUSIC SALES
MAY HAVE DECLINED.
DVD SALES WILL CLEARLY BE ONE.
THE BENCHMARK FOR THE MUSIC
INDUSTRY IS TYPICALLY 1998,
'99, SAME TIME AS NAPSTER.
THAT ALSO COINCIDES WHEN THE
DVD BECAME A CONSUMER PRODUCT.
TODAY WHEN
YOU WALK INTO YOUR LOCAL RECORD
STORE, YOU PRACTICALLY TRIP
OVER THE VIDEO GAMES AND THE
DVDs IN YOUR SEARCH FOR MUSIC.
WHERE PEOPLE BUY MUSIC HAS
CHANGED, TOO.
WALMART IS TODAY THE NUMBER ONE
RETAILER OF MUSIC IN NORTH
AMERICA, WHICH HAS HAD A
SIGNIFICANT IMPACT ON CATALOGUE
SALES, IT HAS ALSO HAD A REAL
PRESSURE ON PRICES, AS PRICES
HAVE DECLINED, DUE TO WALMART'S
PRICING PRESSURE.
NOW, IN FACT,
IF YOU TAKE A LOOK, FROM A
CANADIAN ARTIST PERSPECTIVE,
90 percent OF NEW CANADIAN RELEASES
COME FROM INDY LABELS, AND INDY
LABELS, ACCORDING TO STATSCAN
NUMBERS, HAVEN'T CHANGED OVER
THE LAST FEW YEARS.
THEY ARE STILL RELEASING ALMOST
IDENTICAL, LITERALLY, ALMOST
IDENTICALLY TO THE NUMBER OF
RELEASES, THE SAME AMOUNT OF MUSIC.
AND MUSIC IS EMBRACING SOME OF
THESE OPPORTUNITIES.

Several prints flash by quickly.

Michael continues THIS IS A PAGE THAT ILLUSTRATES
SOME OF THE COUNTRIES THAT HAVE
MUSIC-- FEE BASED MUSIC
SERVICES, AND THERE ARE MANY,
MANY MORE.
THIS IS ONE OF THE CANADIAN
ONES, PURE TRACKS.
THEY USE A DIGITAL RIGHTS
MANAGEMENT SYSTEM, A DIGITAL
LOCK SYSTEM THAT WON'T ALLOW ME
TO USE THEM... I'M A MACINTOSH
USER, AND SO I ACTUALLY CAN'T
USE PURE TRACKS, BUT THERE ARE
PRESUMABLY OTHERS WHO CAN.
BETTER, I SUPPOSE IS E-MUSIC, A
U.S. BASED ONE, THAT REPRESENTS
LARGELY INDY LABELS, MORE THAN
1,000 SONGS HERE, AND THEY
PROVIDE NEARLY CLEAN MP3s,
THERE'S NO DIGITAL RIGHTS
MANAGEMENT OR TECHNOLOGY
LOCKING DOWN THEIR MUSIC.
THERE'S GREAT NEW SERVICES THAT
ALLOW YOU TO FIND MUSIC.
PANDORA IS PHENOMENAL.

A print shows the site Pandora.

Michael continues YOU PUNCH IN, OR TYPE IN YOUR
FAVOURITE ARTIST OR FAVOURITE
SONG, AND SUDDENLY YOU ARE
PROVIDED WITH STREAMS OF OTHER
MUSIC THAT YOU MIGHT WELL LIKE.
NOW THAT IS THE GREAT NEWS
STORY, AND I'M TEMPTED TO JUST
WALK OFF THE STAGE AND SAY
ISN'T' THIS PHENOMENAL.
BUT UNFORTUNATELY, I CAN'T.
NOT JUST BECAUSE I'VE GOT MORE
TIME ON MY WATCH, BUT BECAUSE
THERE ARE TWO MORE LESSONS THAT
WE HAVE TO TALK ABOUT.
BECAUSE NOTWITHSTANDING ALL THE
GREAT POTENTIAL WE SEE HERE,
THERE ARE ALSO ROADBLOCKS AHEAD.
THERE ARE NEW STAKEHOLDERS AND
I THINK THE BULTE STORY IS
PARTLY ABOUT THE NEW
STAKEHOLDERS IN THE COPYRIGHT
PROCESS.
THEY ARE PEOPLE FOR WHOM
COPYRIGHT LAW MATTERS.
WHEN YOU LOOK AT ALL OF THESE
KINDS OF EXAMPLES, THESE ARE
NOT PEOPLE WHO SAY, WE DON'T
WANT COPYRIGHT.
IT'S QUITE THE OPPOSITE.
IT'S PEOPLE WHO SAY, WE NEED
COPYRIGHT, WE DEPEND UPON
COPYRIGHT, BUT WE DEPEND ON A
COPYRIGHT THAT ENSURES THAT WE
CAN EXPRESS OURSELVES, TOO.
NOW UP UNTIL FAIRLY RECENTLY,
COPYRIGHT LAW WAS DOMINATED BY
WHAT WE MIGHT DESCRIBE AS THE
OLD STAKEHOLDERS, TRADITIONAL
STAKEHOLDERS IF YOU LIKE.
I HAVE IDENTIFIED FOUR, THE
COPYRIGHT LOBBY GROUPS, THE
INDUSTRY ASSOCIATIONS, THE
COPYRIGHT COLLECTIVES, THE
EDUCATION GROUPS, AND THE
LIBRARIANS, THE LIBRARY
COMMUNITY.
NOW NOTE THAT WHEN WE TALK
ABOUT COPYRIGHT, WE SO OFTEN
TALK ABOUT, ON THE ONE HAND,
CREATORS, AND ON THE OTHER
HAND, USERS, AND I HAVEN'T
MENTIONED EITHER IN MY GROUP OF
FOUR TRADITIONAL STAKEHOLDERS.
THEY ARE REPRESENTED
INDIRECTLY, TO BE SURE.
SO CREATORS WOULD SAY, WELL I
HAVE SOME REPRESENTATION, AND
THEY WOULD SAY SO RIGHTLY, FROM
THE COLLECTIVES, SOME, LESS
FROM THE LOBBY GROUPS, USERS
MIGHT SAY, WELL I'M REPRESENTED
A LITTLE BIT FROM THE EDUCATION
COMMUNITY, OR BY THE LIBRARY
COMMUNITY, AND AGAIN, THAT IS
TRUE ON CERTAIN ISSUES.
BUT IT ISN'T TRUE ON ALL.
AND IF I GIVE YOU MY SHORT
HISTORY OF COPYRIGHT LAW... I
PROMISE IT WON'T BE TOO DRY,
YOU'RE GOING TO FIND THAT THIS
IS THE RESULT WHEN WE TALK
ABOUT JUST OLD STAKEHOLDERS.
SO I GO BACK TO 1921, BUT I'M
QUICKLY GOING TO COME BACK TO
MORE PRESENT TIME.
1921, CANADA GOT ITS FIRST HOME
GROWN STATUTE, SO PREVIOUS TO
THAT, WE JUST USED THE UK
STATUTE.
UNDER THAT COPYRIGHT ACT, THE
TERM OF COPYRIGHT PROTECTION
WAS LIFE OF THE AUTHOR, LIFE OF
THE CREATOR PLUS 50 YEARS, BUT
AFTER 25 YEARS, YOU COULD
ACTUALLY REPRODUCE THE WORK SO
LONG AS YOU PROVIDED NOTICE,
AND YOU PAID AN APPROPRIATE
ROYALTY.
NOW FAST FORWARD TO 1988,
BECAUSE THE PRACTICAL REALITY
IS THAT VERY LITTLE HAPPENED
ACTUALLY, BETWEEN 1921 AND
1988, NOT ENOUGH TO BE WORTH
TALKING ABOUT.
BUT SINCE 1988, FROM A
COPYRIGHT PERSPECTIVE OF COURSE.

[Audience Laughter]

Michael continues SO FROM 1988, THE LAST 18
YEARS, THOUGH, FROM A COPYRIGHT
PERSPECTIVE, HAS BEEN TRULY
REMARKABLE.
IT STARTS WITH WHAT THEY CALL
PHASE 1 OF COPYRIGHT REFORM,
WHICH CREATED EXPLICIT MORAL
RIGHTS.
WE ADDED INDUSTRIAL DESIGNS TO
THE COPYRIGHT ACT, WE CREATED
SECONDARY INFRINGEMENT, WE
CREATED AN EXCEPTION FOR
COMPUTER PROGRAMS, WHICH WASN'T
BAD.
WE ESTABLISHED THE COPYRIGHT
BOARD OF CANADA, WE ALSO
ENTERED INTO THE FREE TRADE
AGREEMENT, WHICH TOOK EFFECT
AND CREATED SOME NEW COPYRIGHT
OBLIGATIONS INCLUDING MAKING
REBROADCASTING AN INFRINGEMENT.
THE UNITED STATES WAS ALWAYS
VERY FRUSTRATED THAT CANADIAN
CABLE COMPANIES, LIKE TED
ROGERS, WERE TAKING SIGNALS
FROM THE UNITED STATES,
REBROADCASTING ON THEIR
SYSTEMS, AND NOT PAYING
ANYTHING.
AND NOW YOU PAY AS PART OF YOUR
CABLE BILL, A FEE DUE, IN LARGE
MEASURE, TO THE CHANGES THAT
CAME OUT OF THAT.
NOW IN 1993, WE EXTENDED
PROTECTION FOR UNIVERSAL
COPYRIGHT CONVENTION
SIGNATORIES.
WE CHANGED THE REGISTRATION
EFFECT OF COPYRIGHT, WE CHANGED
THE DEFINITION OF A MUSICAL
WORK, WE EXTENDED LIABILITY FOR
TRANSMISSION OF A WORK,
EXPANDED THE DEFINITION OF
WORKS TO INCLUDE COMPILATIONS,
WE EXPANDED THE DEFINITION OF A
CINEMATOGRAPHIC WORK.
WE ADDED RENTAL RIGHTS FOR
COMPUTER PROGRAMS AND SOUND
RECORDINGS.
IF YOU EVER WONDERED WHY, WHEN
YOU WALK INTO A LOCAL
BLOCKBUSTER, YOU CAN RENT LOTS
AND LOTS OF MOVIES, BUT YOU
CAN'T RENT MUSIC, AND YOU CAN'T
RENT SOFTWARE.
IT'S BECAUSE OF THIS EXCEPTION,
BECAUSE THOSE RIGHTS HOLDERS
BACK IN 1993, SAID WE'D RATHER
WE RETAINED THOSE RIGHTS.
WHEN PARLIAMENTARIANS ASKED
THEM, WELL ARE YOU GOING TO
ENTER THIS MARKET?
THEY ANSWERED, WELL, WE'LL SEE.
WE'RE STILL WAITING.
THERE WAS A SLIGHT EXTENSION IN
THE TERM OF COPYRIGHT UNTIL THE
END OF THE CALENDAR YEAR, WE
ADDED ATTRIBUTION REQUIREMENTS
FOR SOME FAIR DEALING.
WE GRANTED COURTS THE POWER TO
PREVENT THE IMPORTATION OF
INFRINGING GOODS, AND THEN IN
1994, WE ADDED PERFORMERS
RIGHTS.
BY 1997, WE SAID, HERE'S PHASE
2, YOU AIN'T SEEN NOTHING YET.
WE ADDED PRIVATE COPYING, THE
LEVY ON BLANK MEDIA THAT HAS
GENERATED IN THE LAST FIVE OR
SIX YEARS, MORE THAN 150
MILLION dollars ON MEDIA LIKE BLANK CDs.
WE ADDED PROTECTION FOR
EXCLUSIVE BOOK DISTRIBUTORS, WE
ADDED STATUTORY DAMAGES, SO
THAT NO MATTER WHAT THE
INFRINGEMENT, YOU DAMAGES COULD
RANGE UP TO 20,000 dollars PER
INFRINGEMENT.
IF YOU'RE GOT 1,000 SONGS, DO
THE MATH.
PRODUCERS AND PERFORMERS RIGHTS
WAS ADDED, KNOWN AS
NEIGHBOURING RIGHTS.
WE ADDED A LIMIT...
JUST SO EVERYONE KNEW THAT THERE WAS
ANOTHER SIDE TO THE STORY, WE
ADDED LIMITED EXCEPTIONS FOR
SCHOOLS, LIBRARIES, MUSEUMS,
ARCHIVES AND PEOPLE WITH VISUAL
DISABILITIES, EXCEPTIONS THAT
THE SUPREME COURT OF CANADA HAS
BASICALLY SAID, WELL YOU CAN
JUST RELY ON FAIR DEALING, THIS
ISN'T ALL THAT USEFUL ANYWAY.
AND THEN IN
2002, WE EXCLUDED THE NEW MEDIA
RETRANSMITTER FROM THE
RETRANSMITTER DEFINITION.
THIS WAS THE I CRAVE TV CASE,
WHERE A CANADIAN COMPANY
RETRANSMITTING TELEVISION
SIGNALS OUT ON THE INTERNET.
THAT'S THE LAST 18 YEARS.
THAT'S THE COPYRIGHT THAT WE
ARE TOLD QUITE REGULARLY IS
OUTDATED AND DESPERATELY IN
NEED OF CHANGE.
I'D SAY WE'VE HAD A LOT OF
CHANGE OVER THE LAST 18 YEARS,
AND IT'S THE CHANGE THAT HAS
HAD OLD STAKEHOLDERS ON GUARD.
THERE ARE TODAY, THOUGH, NEW
STAKEHOLDERS, AND I THINK BULTE
SHOWS THAT.
NOW WHO ARE THESE NEW
STAKEHOLDERS?
WELL THEY'RE THE HUNDREDS OF
PEOPLE THAT IN 2001 DECIDED TO
WRITE IN AS PART OF A PUBLIC
CONSULTATION ON DIGITAL
COPYRIGHT.
THERE WERE SO MANY SUBMISSIONS
THAT MANY GOVERNMENT OFFICIALS
DIDN'T KNOW QUITE WHAT TO DO
WITH THEM.
MORE THAN 600 INDIVIDUALS CHOSE
TO WRITE IN, WHICH WERE
EVENTUALLY JUST LUMPED
TOGETHER, AS THE INDIVIDUALS
GROUP.
THERE WERE THE THOUSANDS OF
PEOPLE WHO, LEADING UP TO BILL
C-60, SIGNED A PETITION CALLING
ON THE GOVERNMENT TO ADOPT A
BALANCED APPROACH TO COPYRIGHT.
LET ME REPEAT WHAT I JUST SAID.
THOUSANDS OF PEOPLE SIGNING A
PETITION ABOUT A BILL THAT DID
NOT EVEN EXIST.
BEFORE BILL 60 CAME INTO
EFFECT, THOUSANDS OF PEOPLE
SAID LISTEN, MPs, LISTEN,
GOVERNMENT, PLEASE TAKE A
BALANCED APPROACH, PLEASE HEAR
MY CONCERNS.
THERE ARE THE HUNDREDS OF
THOUSANDS OF PEOPLE THAT ARE
ACTIVELY INVOLVED IN THE BULTE
STORY, NOT NECESSARILY POSTING,
BUT JUST LOOKING AT THE PURE
NUMBERS.
THE MEDIA ATTENTION AND THE
BLOGOSPHERE ATTENTION IT
ATTRACTED, HUGE NUMBERS OF
PEOPLE CLEARLY IDENTIFYING WITH
THE STORY.
I'M MOST INTERESTED, THOUGH
ACTUALLY, IN NINE PEOPLE.
I SUSPECT THE NINE PEOPLE
WEREN'T ACTIVELY INVOLVED IN
THE BULTE STORY, BUT THEY'RE
NINE PARTICULARLY IMPORTANT
PEOPLE ON THIS ISSUE, AS THEY
MAKE UP THE SUPREME COURT OF
CANADA.
AS IN 2002, THOSE NINE PEOPLE,
ALSO HAD THEIR SAY, AND IN A
SENSE, BECAME NEW STAKEHOLDERS
AS WELL.
IN THE VERGE, THEY HAD THIS TO
SAY, "EXCESSIVE CONTROL BY
HOLDERS OF COPYRIGHTS AND OTHER
FORMS OF INTELLECTUAL PROPERTY
MAY UNDULY LIMIT THE ABILITY OF
THE PUBLIC DOMAIN TO
INCORPORATE AND EMBELLISH
CREATIVE INNOVATION IN THE
LONG-TERM INTERESTS OF SOCIETY
AS A WHOLE, OR CREATE PRACTICAL
OBSTACLES TO PROPER UTILIZATION."
THAT'S OUR SUPREME COURT OF
CANADA, WHICH HAS NOW FOLLOWED
WITH TWO ADDITIONAL CASES IN
MUCH THE SAME VEIN, TALKING
ABOUT BOTH USER RIGHTS AS WELL
AS CREATOR RIGHTS.
WELL HOW ARE WE DOING IN
ACCOUNTING FOR SOME OF THESE
NEW STAKEHOLDERS?
NOT SO WELL.
IN 2003, THE GOVERNMENT
PROPOSED WHAT SOME LABELLED,
THE LUCY MAUDE MONTGOMERY
COPYRIGHT TERM EXTENSION ACT.
IT SEEMED THAT THE FAMED AUTHOR
HAD TEN VOLUMES OF UNPUBLISHED
WORKS THAT WERE ABOUT TO FALL
INTO THE PUBLIC DOMAIN IN 2004,
AND THE GOVERNMENT UNDERTOOK,
TOGETHER WITH HER ESTATE, AND
FOUR GROUPS OF STAKEHOLDERS,
ARCHIVISTS AND A COUPLE OF
OTHERS, IN A ROOM MUCH SMALLER
THAN THIS, AND HASHED OUT A
DEAL THAT WOULD EXTEND THE TERM
OF COPYRIGHT, CAPTURING NOT
JUST MISS MONTGOMERY'S WORK,
BUT THE WORK ALSO OF AT LEAST
TWO PRIME MINISTERS AND MANY
OTHER NOTABLE CANADIANS THAT
WOULD NOT GO INTO THE PUBLIC
DOMAIN, FOR AT LEAST ANOTHER 20
YEARS.
THE BILL DIDN'T PASS.
SOME OF THE NEW STAKEHOLDERS
CAUGHT WIND OF IT AND BEGAN TO
GET QUITE VOCAL.
THERE WAS THE BULTE REPORT IN
2004, WHICH I MENTIONED, HAD A
SIGNIFICANT IMPACT.
IT WAS SIGNIFICANT, NOT ONLY
FOR THE IMPACT IT HAD, BUT ALSO
FOR THE FACT THAT IT TOOK A
VERY HEAVY RIGHTS HOLDER
PERSPECTIVE, ADVOCATING LARGELY
FOR THE KINDS OF THINGS WE'VE
SEEN IN THE UNITED STATES.
IF ONE LOOKS AT WHO THE BULTE
COMMITTEE HEARD FROM, THERE WAS
LOTS AND LOTS OF THE OLD
STAKEHOLDERS, SO MUCH THAT, AT
TIMES WHERE THERE WERE USER
INTERESTS REPRESENTED, ONE MP
NOTED, "IT SEEMS LIKE YOU'RE A
BIT OUTNUMBERED HERE TODAY."
THERE WAS C-60, BACK IN 2005,
WHICH I WILL TALK ABOUT A BIT
MORE IN A MOMENT.
NEW LEGISLATION THAT WAS
LARGELY JUST-- EVEN POLICY
MAKERS WILL ACKNOWLEDGE THIS,
LARGELY JUST A PATCHWORK OF
WHAT THE COPYRIGHT LOBBY WAS
TALKING ABOUT, VERY LITTLE
ABOUT WHAT NEW STAKEHOLDERS
WERE TALKING ABOUT.
AND INDEED, WHO WERE THEY
LISTENING TO WHEN THEY DRAFTED
C-60?
ACCORDING TO ONE DOCUMENT
OBTAINED UNDER AN ACCESS TO
INFORMATION REQUEST, CANADIAN
HERITAGE, ONE OF THE TWO
MINISTRIES RESPONSIBLE FOR
COPYRIGHT POLICY IN CANADA,
BETWEEN APRIL 2004 AND APRIL
2005, JUST MONTHS BEFORE THE
BILL WAS INTRODUCED, MET WITH
ACCESS COPYRIGHT, BY PHONE OR
TELECONFERENCE 15 TIMES, WITH
MUSIC COLLECTIVES 14 TIMES,
WITH THE CANADIAN RECORDING
INDUSTRY ASSOCIATION 7 TIMES,
WITH PUBLISHER GROUPS, 5 TIMES,
OH, AND BY THE WAY, TECHNOLOGY
GROUPS TWICE, PUBLIC INTEREST
GROUPS TWICE, EDUCATION GROUPS
ONCE.
WHEN PEOPLE SEE THE BULTE
FUNDRAISER, I WOULD SUGGEST TO
YOU THAT THEY SEE MORE OF THE
SAME.
AND SO THIS WAS NOT JUST ABOUT
BAD OPTICS, THIS WAS ABOUT
SAYING, WE ARE NEW STAKEHOLDERS
IN THIS PROCESS, AND WE WANT A
VOICE AS WELL.
NOW WHAT DOES THAT VOICE WANT
TO SAY?
WELL I THINK THAT VOICE WANTS
TO TALK ABOUT NEW COPYRIGHT,
NOT THE ELIMINATION OF
COPYRIGHT, NOT THE ELIMINATION
OF PROTECTION FOR ARTISTS, FAR
FROM IT.
BUT A RECOGNITION THAT THERE IS
AN EVOLUTION IN WHO IS AN
ARTIST, AND THE WAYS THAT WE
CAN COMPENSATE.
NOW THERE IS ONE CHOICE TO BE
SURE, AND I THINK C-60
REPRESENTS THAT CHOICE.
YOU HAVE TO UNDERSTAND THAT
C-60 WAS LARGELY ABOUT AN
INTERNATIONAL, PAIR OF
INTERNATIONAL TREATIES, KNOWN
AS THE WIPO TREATIES.
WIPO IS THE WORLD INTELLECTUAL
PROPERTY ORGANISATION, AND IN
THE MID-90s, THEY ESTABLISHED A
PAIR OF TREATIES THAT CAME TO
BE KNOWN AS THE WIPO INTERNET
TREATIES.
THEY ARE TREATIES THAT HAVE
BEEN PUT INTO PLACE IN A NUMBER
OF COUNTRIES AROUND THE WORLD.
THE BEST EXAMPLE OF THIS IS THE
UNITED STATES, WHICH HAS
PRESSURED US AND MANY OTHER
COUNTRIES TO FOLLOW SUIT.
NOW THEY'VE HAD THEIR LAW IN
EFFECT.
THEIR LAW IS KNOWN AS THE
DIGITAL MILLENNIUM COPYRIGHT
ACT, FOR ABOUT SEVEN OR EIGHT
YEARS.
SO WE GO INTO THIS NOT BLINDLY,
WE KNOW WHAT THESE KINDS OF
PROVISIONS MEAN.

A slate shows several brands, such as Blizzard, Triton and SkyLink, as well as a portrait picture of a man in his thirties.

Michael continues FELLOW UP AT THE TOP THERE IS
EDWARD FELTON, WHO IS A
PRINCETON COMPUTER SCIENCE
PROFESSOR.
A NUMBER OF YEARS AGO,
PROFESSOR FELTON TOOK THE
RECORDING INDUSTRY UP ON A
CHALLENGE THAT IT HAD
ESTABLISHED, ONE OF, CAN YOU
BREAK OUR ENCRYPTION SYSTEM?
WELL TOGETHER WITH A COUPLE OF
GRADUATE STUDENTS, PROFESSOR
FELTON DID IT IN FAIRLY SHORT
ORDER, AND WHEN HE SET OUT TO
PRESENT HIS FINDINGS, HE WAS A
COMPUTER RESEARCHER, THE RIAA
STARTED BY THREATENING HIM AND
SAYING THAT HE FACED THE
PROSPECT OF BEING SUED UNDER
THIS NEW LEGISLATION.
I ACTUALLY RAN INTO PROFESSOR
FELTON, WE SPOKE TOGETHER AT A
CONFERENCE JUST ON FRIDAY AT
THE UNIVERSITY OF MICHIGAN.
AND WHEN I
ASKED HIM, ABOUT, NOT THAT
STORY, BUT MORE GENERALLY ABOUT
HIS RESEARCH, AS HE HAS BEEN AT
THE FOREFRONT OF A NUMBER OF
RECENT CASES, INCLUDING THE
WELL-KNOWN SONY ROOT KIT CASE
THAT TOOK PLACE IN THE FALL.
PROFESSOR FELTON TOLD ME THAT
FOR EVERY TWO HOURS HE SPENDS
IN THE LAB, HE TODAY SPENDS ONE
HOUR WITH LAWYERS.
ONE THIRD OF
HIS TIME IS SPENT WITH
PRINCETON LEGAL COUNSEL TALKING
ABOUT WHAT HE CAN AND CANNOT SAY.
HE SAID THAT HE HAS NEVER, WITH
ONE EXCEPTION, THE ONE
EXCEPTION BEING THE RIAA
LAWSUIT, WHEN THEY THREATENED
TO SUE, SO HE MIGHT AS WELL
TELL IT ALL, HE HAS NEVER
REVEALED EVERYTHING.
HE HAS SELF CENSORED EVERY
SINGLE RESEARCH PAPER HE HAS
PUT OUT, WITH THE EXCEPTION OF
THE ONE TIME WHEN HE FACED A
POTENTIAL LAWSUIT.
AND IN FACT, EVEN WITH THE SONY
ROOT KIT CASE, A CASE WHERE
THERE WERE LITERALLY HUNDREDS
OF THOUSANDS OF PEOPLE
INSERTING MUSIC CDs ONTO THEIR
COMPUTERS, CAUSING SECURITY
VULNERABILITIES AND THE
POSSIBILITY OF HACKERS GETTING
INTO THEIR COMPUTERS, PROFESSOR
FELTON AND HIS RESEARCH TEAM
KNEW ABOUT THIS MONTHS-- MONTHS
BEFORE THIS WAS PUBLICLY
REVEALED.
WHY DIDN'T HE SAY?
HE'S TOO BUSY TALKING TO HIS
COUNSEL ABOUT WHAT HE CAN AND
CAN'T SAY AND LEFT IT UP...
AND IT WAS LEFT, ESSENTIALLY,
TO SOMEONE WHO DIDN'T KNOW
BETTER, MARK RUSSINOVICH,
ANOTHER RESEARCHER WHO
DISCOVERED THIS INDEPENDENTLY
AND LET THE CAT OUT OF THE BAG.
THERE'S DIMITRI SKYLEROV, A
RUSSIAN SOFTWARE PROGRAMMER WHO
WAS EMPLOYED FOR A COMPANY
CALLED ELKEMSOFT, WHO CREATED A
PROGRAM TO HACK OR BREAK INTO
THE ADOBE E-READER.
HE WENT TO LAS VEGAS ONE
SUMMER, A NUMBER OF YEARS AGO
TO PRESENT HIS FINDINGS.
HE STEPPED OFF THE STAGE AND
WAS ARRESTED BY DEPARTMENT OF
JUSTICE OFFICIALS AND SPENT THE
SUMMER IN JAIL, AWAY FROM HIS
WIFE AND CHILDREN FOR COPYRIGHT
INFRINGEMENT UNDER THE DMCA.
THERE'S SKYLINK, A CANADIAN
COMPANY THAT MAKES A REMOTE...
A UNIVERSAL GARAGE DOOR REMOTE,
THAT ALLOWS YOU TO INTEROPERATE
BETWEEN VARIOUS GARAGE DOOR
OPENERS.
WELL THERE'S A WELL KNOWN
GARAGE DOOR OPENER COMPANY
CALLED CHAMBERLAIN, AND WHEN
THEY FOUND SKYLINK, THEY SUED
SKYLINK UNDER THIS DIGITAL
MILLENNIUM COPYRIGHT ACT, UNDER
THE DMCA, FOR COPYRIGHT
INFRINGEMENT.
WHY?
BECAUSE SKYLINK NEEDED TO BREAK
THE CODE TO ACTUALLY ALLOW
THEIR GARAGE DOOR OPENER TO
INTEROPERATE.
NOW THEY EVENTUALLY WON THAT
CASE, AFTER MULTIPLE APPEALS
AND MULTIPLE KINDS OF COURTS,
BUT HOW MANY COMPANIES CAN
AFFORD TO GO THROUGH THAT KIND
OF PROTRACTED LITIGATION?
INDEED, THE EXPERIENCE THAT WE
HAVE SEEN ELSEWHERE IS THAT
THIS KIND OF LEGISLATION THROWS
THE COPYRIGHT BALANCE ASKEW,
RAISES PRIVACY CONCERNS ABOUT
WHAT DATA ARE THEY COLLECTING
ABOUT ME, USING SOME OF THESE
TECHNOLOGIES, AND WHAT CAN I DO
TO STOP IT, RAISES SECURITY
ISSUES AS WE SAW, WITH THE SONY
ROOT KIT CASE, RAISES FREE
SPEECH ISSUES, AS WE SEE
REGULARLY WITH PROFESSOR
FELTON, RAISES INNOVATION
ISSUES, AS WE SEE FROM THESE
COMPANIES, MANY OF WHOM ARE
AFRAID TO COME TO MARKET FOR
FEAR THAT THEY MAY BE SUED, AND
RAISES COMPETITION ISSUES, AS
MANY TIMES THIS HAS NOTHING TO
DO WITH COPYRIGHT, BUT INSTEAD,
FORESTALLING COMPETITION.
IT IS SUCH THAT THOSE THAT ARE
PERCEIVED TO BE ON THE LEFT,
SUCH AS THE ELECTRONIC FRONTIER
FOUNDATION IN THE UNITED
STATES, SAY THAT THE DMCA OUGHT
TO BE REPEALED, THOSE ON THE
RIGHT, SUCH AS THE CATO
INSTITUTE SAY THAT THE DMCA
OUGHT TO BE REPEALED.
IT IS SUCH THAT JUST A FEW
WEEKS AGO, A UNANIMOUS
PARLIAMENTARY COMMITTEE IN
AUSTRALIA EXAMINING THE
PROSPECT OF THIS KIND OF
LEGISLATION, FORCE FED TO THEM,
INCIDENTALLY THROUGH A FREE
TRADE AGREEMENT WITH THE UNITED
STATES, CAME UP WITH 37
EXCEPTIONS THAT THEY FELT WERE
NECESSARY TO ADDRESS THE
COMPETITION CONCERNS, THE
PRIVACY CONCERNS, THE FREE
SPEECH CONCERNS AND THE LIKE.
NOW IN MANY RESPECTS, THIS IS...
THIS KIND OF LEGISLATION IS
ABOUT A VISION OF WHAT THE
INTERNET WAS OR WOULD BE, BACK
IN 1995, BACK WHEN THIS BECAME
AN INTERNATIONAL STATUTE.

Prints flash by quickly showing different websites.

Michael continues IT'S THIS INTERNET, NETSCAPE
NAVIGATOR 1.1, IT'S YAHOO, BACK
IN 1995-96.
IT'S THE CBC, BACK WHEN IT
LOOKED LIKE THIS.
WE NEED POLICIES THAT LOOK LIKE
INTERNET 2005-2006.
C-60 CAME IN 2005, THIS OF
COURSE IS 2006, VIRTUALLY NONE
OF THESE EVEN EXISTED BACK AT
THAT TIME, MUCH LESS THE KIND
OF THINGS THAT I DESCRIBED AT
THE OUTSET OF MY TALK.
WELL THEN YOU GET C-60.
C-60 INCLUDES A BASKET OF NEW
RIGHTS, A MAKING AVAILABLE
RIGHT, A NEW NOTICE AND NOTICE
PROVISION, NOTICE AND NOTICE IS
ACTUALLY ONE OF THE BEST
PROVISIONS IN THAT PROPOSED
LAW, IT DEALS WITH THE ISSUE
THAT IF A RIGHTS HOLDER
BELIEVES THAT THERE IS
INFRINGING CONTENT ON AN
INTERNET PROVIDER'S SYSTEM,
THEY CAN SEND THEM A
NOTIFICATION.
NOW THE CANADIAN PROPOSAL WAS
THAT THE ISP WOULD BE REQUIRED
TO SEND THAT NOTIFICATION ON TO
THEIR SUBSCRIBER, LET THEM KNOW
THAT SOMEONE HAD VOICED AN
ISSUE.
THE U.S. APPROACH IS WHAT'S
KNOWN AS NOTICE AND TAKEDOWN,
SHOOT FIRST AND AIM LATER.
YOU SEND IN THE NOTIFICATION,
THE ISP TAKES IT DOWN AND THEN
NOTIFIES THE SUBSCRIBER THAT
THE CONTENT HAS BEEN TAKEN DOWN.
NOW THERE ARE THOSE THAT ARGUE
THAT CANADA NEEDS A NOTICE AND
TAKEDOWN APPROACH AS WELL.
I WOULD ARGUE THAT NOTICE AND
NOTICE WORKS PRETTY WELL, AS WE
HAVE IT ALREADY IN CANADA.
IT'S WHAT WE HAVE FOR CHILD
PORNOGRAPHY.
SOMEONE SENDS IN A NOTIFICATION
TO AN ISP ABOUT CHILD
PORNOGRAPHY, THE ISP SAYS,
BRING ME A COURT ORDER AND I
CAN TAKE IT DOWN.
IF IT'S GOOD ENOUGH FOR CHILD
PORNOGRAPHY, I'D ARGUE IT'S
SURELY GOOD ENOUGH FOR AN
ALLEGEDLY INFRINGING SONG.
THERE WAS ANTI-CIRCUMVENTION
PROVISIONS, THESE DIGITAL LOCKS
THAT CAN BE USED TO LOCK DOWN
CONTENT AND THEN PROVIDE LEGAL
PROTECTION FOR THE DIGITAL
LOCKS THEMSELVES.
SO IT'S NOT SO MUCH IF YOU...
SO IT'S THE MERE ACT OF PICKING
THE LOCK THAT BECOMES THE
INFRINGEMENT, AS IN SAY, THE
SKYLINK EXAMPLE.
THEY PICKED THE LOCK.
IT'S NOT THAT THERE WAS
COPYRIGHT INFRINGEMENT
UNDERLYING WHEN YOU OPENED YOUR
GARAGE, BUT MERELY THAT THE
MERE ACT OF BREAKING THE CODE
MIGHT ITSELF BE AN
INFRINGEMENT.
THERE WAS NEW RIGHTS MANAGEMENT
INFORMATION PROTECTION, NEW
PERFORMERS' RIGHTS, NEW
PHOTOGRAPHERS' RIGHTS, AND ON
THE HORIZON, ACCORDING TO A
DOCUMENT KNOWN AS THE SECTION
92 REPORT, JUST A COUPLE OF
YEARS AGO, OUR POLICY MAKERS
TELL US THAT THERE WILL BE NEW
RIGHTS IN VISUAL AND
AUDIOVISUAL WORKS,
AN EXTENDED
LICENSING THAT WOULD
DRAMATICALLY IMPACT THE
EDUCATION SYSTEM, WHERE
PUBLICLY AVAILABLE MATERIALS ON
THE INTERNET COULD WELL BE
SUBJECT TO AN EXTENDED
LICENSING PROGRAM, TERM
EXTENSIONS, SO THAT WE GO FROM
CURRENT TERM OF LIFE OF THE
AUTHOR PLUS 50 YEARS, TO MATCH
THE U.S. APPROACH OF LIFE PLUS
70, DEALING WITH THE EPHEMERAL
RECORDING ISSUE, DEALING WITH
PRIVATE COPYING, DEALING WITH
DATABASE PROTECTION.
ALL OF THIS,
AS WELL AS AUDIOVISUAL
PERFORMERS' RIGHTS... I ALMOST
FORGOT JUST HOW MANY THERE ARE,
AS WELL AS BROADCASTER SIGNAL
RIGHTS, THE SUBJECT MATTER OF A
TREATY THAT'S CURRENTLY ALSO
BEING NEGOTIATED AT THE WORLD
INTELLECTUAL PROPERTY
ORGANISATION THAT WOULD PROVIDE
BROADCASTERS WITH UP TO 50
YEARS WORTH OF PROTECTION,
MERELY FOR HAVING MADE THE
INVESTMENT IN BROADCASTING.
WHETHER YOU ARE A USER OR A
CREATOR, IF YOUR BELIEF IS THAT
YOU GET COMPENSATED BASED ON
YOUR CREATIVITY, THE NOTION OF
PROVIDING A BROADCASTER 50
YEARS WORTH OF PROTECTION FOR
PRESSING A BUTTON AND SPENDING
SOME MONEY, YOU OUGHT TO FIND
OBJECTIONABLE IN MY VIEW.
THAT IS ONE CHOICE THAT WE
HAVE, AND IT'S NOT TO SAY THAT
ALL OF THESE PROVISIONS ARE
BAD, BUT IT REPRESENTS ONE CHOICE.
I WANT TO MAKE THE ARGUMENT
THAT THERE IS ANOTHER CHOICE.
I BELIEVE THAT WE CAN HAVE
CANADA'S CHOICE, CREATING OUR
OWN CREATIVE LAND.
THAT CHOICE MIGHT INCLUDE A
CANADIAN WIPO IMPLEMENTATION,
IMPLEMENTING THESE WIPO
INTERNET TREATIES IN CANADIAN
STYLE FOR CANADIAN
SENSIBILITIES.
FOR EXAMPLE, LINKING TPMs,
TECHNOLOGICAL PROTECTION
MEASURES THESE DIGITAL LOCKS TO
COPYRIGHT, SO THAT IT WOULD NOT
BE AN INFRINGEMENT IF SOMEONE
WERE TO PICK THE LOCK IF THE
USE WAS A FAIR USE, A FAIR
DEALING USE, A USE THAT IS
PERMITTED UNDER THE COPYRIGHT ACT.
AT THE MOMENT, THE MERE ACT, AT
LEAST IN THE UNITED STATES, THE
MERE ACT OF PICKING THE LOCK,
MIGHT ITSELF WELL BE AN
INFRINGEMENT.
WE CAN CHOOSE EDUCATION IN THIS
COUNTRY BY ADOPTING A FAIR USE
MODEL.
TODAY WE HAVE FAIR DEALING,
WHICH THANKFULLY THE SUPREME
COURT OF CANADA HAS SAID OUGHT
TO BE INTERPRETED IN A VERY
ROBUST AND LIBERAL MANNER.
IT'S A GREAT GIFT, AND A GREAT
GIFT, FRANKLY, TO THE EDUCATION
COMMUNITY BECAUSE THE EDUCATION
COMMUNITY IS COVERED BY VIRTUE
OF PRIVATE STUDY AND RESEARCH.
IT'S GOOD FOR CRITICISM AND
IT'S GOOD FOR NEWS REPORTING,
BUT WHEN ONE LOOKS AT ALL THE
CREATIVITY THAT IS TAKING PLACE
TODAY, I THINK YOU QUICKLY
REALISE THAT THAT ISN'T GOOD
ENOUGH, THAT THERE ARE ALL
SORTS OF TERRIFIC ACTIVITIES
THAT FALL THROUGH THE CRACKS
AND IN FACT, FAIR USE IS NOT TO
SAY THAT IT'S ALL USE, IT'S
FAIR USE.
IT IS A MECHANISM TO ENSURE
THAT CREATORS ARE APPROPRIATELY
COMPENSATED WHERE THE USE IS NO
LONGER FAIR.
SOMETIMES IN INSTANCES WHERE
THEY ARE NOT BEING COMPENSATED
TODAY.
IT'S A BRIDGE BETWEEN WHAT WE
HAVE, SAY ON PRIVATE COPYING,
WITH THE LEVY OR JUST A FREE
FOR ALL WITH NO COPYING, IN
MOVING TOWARDS FAIR USE.
WE CAN CHOOSE ACCESS TO
KNOWLEDGE IN THIS COUNTRY, BY
CREATING A NATIONAL DIGITAL
LIBRARY.
YOU KNOW ABOUT GOOGLE'S
INITIATIVE, YAHOO AND OTHER
COMPANIES HAVE SIMILAR
INITIATIVES, AS THEY ARE
DIGITISING, NOW COUNTRIES HAVE
GOTTEN INTO THE ACT.
THE EUROPEAN UNION IS TALKING
ABOUT DIGITISING 6 MILLION
BOOKS BY 2010.
IN THIS COUNTRY WE COULD
DIGITISE EVERYTHING.
WE COULD DIGITISE EVERY
CANADIAN BOOK, AND WE COULD
PROBABLY DO IT IN ABOUT FIVE
YEARS FOR A FRACTION OF WHAT
CANADIAN HERITAGE ALREADY
SPENDS TODAY ON OUR CULTURAL
HERITAGE.
THINK OF WHAT THAT WOULD MEAN
IN TERMS OF ACCESS TO KNOWLEDGE
FOR LIFE LONG LEARNING, ACROSS
THE COUNTRY.
THINK ABOUT WHAT IT WOULD MEAN
FOR THE EXPORT OF CANADIAN
CULTURE, SO THAT SUDDENLY NOW,
CANADIAN AUTHORS, LONG
FORGOTTEN, SITTING IN A LIBRARY
HERE, OR PERHAPS NOT EVEN IN A
LIBRARY HERE, WOULD SUDDENLY BE
MADE ACCESSIBLE TO THE WORLD.
WE COULD DO THIS.
WE COULD CHOOSE CREATIVITY IN
THIS COUNTRY BY ABOLISHING
CROWN COPYRIGHT.
CROWN COPYRIGHT-- STILL JUST
BOGGLES MY MIND EVERY TIME I
TALK ABOUT IT.
YOU KNOW, WE HAVE POLITICIANS
HEADING BACK TO PARLIAMENT NEXT
WEEK.
AND IF YOU ARE A DOCUMENTARY
FILMMAKER AND WOULD LIKE TO
FILM SOME OF THE DISCUSSION,
SUCH THAT IT IS AT THE HOUSE OF
COMMONS, AND YOU'VE GOT SOME
CLIPS THAT YOU WANT TO USE.
YOU MUST GO TO THE SPEAKER OF
THE HOUSE AND ASK FOR
PERMISSION... FOR PERMISSION TO
DISPLAY OR TO USE AS PART OF
YOUR DOCUMENTARY, OUR ELECTED
REPRESENTATIVES IN OUR HOUSE OF
COMMONS.
IF YOU WANT TO USE GOVERNMENT
DOCUMENTS, GOVERNMENT DOCUMENTS
THAT WE HAVE PAID FOR, YOU HAVE
TO GO TO TREASURY BOARD AND ASK
FOR PERMISSION.
WE DON'T NEED A PERMISSION
CULTURE WITH RESPECT TO OUR
POLITICIANS AND WITH RESPECT TO
THE WORK THAT WE HAVE PAID FOR.
IT IS TIME FOR CROWN COPYRIGHT
TO GO.
WE CAN CHOOSE FREE SPEECH IN
THIS COUNTRY BY STICKING WITH
THE NOTICE AND NOTICE
PROVISION.
I MENTIONED THAT WAS ONE OF THE
FAVOURABLE THINGS WE FOUND IN
C-60.
IT IS ONE OF THOSE ISSUES THAT
WILL NO DOUBT COME UNDER SOME
SEVERE PRESSURE FROM CERTAIN
GROUPS, BUT IT IS A MUCH BETTER
BALANCE THAN WE MIGHT HAVE
ELSEWHERE.
WE CAN CHOOSE PRIVACY.
NOW THERE ARE THOSE WHO SAY
THAT PRIVACY DOESN'T BELONG AS
PART OF A COPYRIGHT DISCUSSION.
WE ALREADY HAVE A NATIONAL
PRIVACY ACT.
BUT AS THE SONY ROOT KIT CASE
ILLUSTRATES, AS MULTIPLE
CONTRACTS THAT NOBODY READS
ONLINE, EVEN PROFS THAT TEACH
ABOUT THEM, ILLUSTRATES, WE
SIGN AWAY OUR PRIVACY RIGHTS
ALL THE TIME.
AND SO WHAT WE CAN DO WHEN WE
TALK ABOUT COPYRIGHT AND THE
USE OF THESE TECHNOLOGIES, IS
TO SAY THAT YOU CAN'T USE THESE
TECHNOLOGIES TO CIRCUMVENT MY
PRIVACY.
YOU CAN'T USE THIS AS A
MECHANISM TO GET AT INFORMATION
YOU COULDN'T GET AT OTHERWISE.
INDEED, AS PART OF A SETTLEMENT
FOR SONY IN THEIR CLASS ACTION
SUIT IN THE UNITED STATES,
THAT'S PRECISELY WHAT THEY'VE
AGREED TO.
THEY SAY THEY WILL ONLY COLLECT
INFORMATION FOR A LIMITED
NUMBER OF PURPOSES, NOT FOR ANY
OTHER PURPOSES THAT MIGHT BE
GOOD FROM A COMPANY
PERSPECTIVE, BUT NOT
PARTICULARLY GOOD FROM A USER
PERSPECTIVE.
WE CAN CHOOSE INNOVATION,
ADOPTING WHAT PROFESSOR FELTON
HAS DESCRIBED AS THE FREEDOM TO
TINKER.
WHEN WE THINK ABOUT THE
IMPORTANCE OF SECURITY IN THIS
DAY AND AGE, WHAT COULD BE MORE
IMPORTANT THAT INSURING THAT
OUR SECURITY RESEARCHERS DON'T
SPEND ONE THIRD OF THEIR TIME
WITH LAWYERS.
WHAT COULD BE MORE IMPORTANT
THAN INSURING THAT WE CAN GET
THOSE SECURITY RESEARCHERS TO
ENTER INTO THE FIELD.
PROFESSOR FELTON WILL TELL YOU
THAT THERE ARE MANY PEOPLE WHO
ARE NOT WILLING TO SPEND ONE
THIRD OF THEIR TIME WITH
LAWYERS, AND CHOOSE TO DO
SOMETHING ELSE.
THEY SAY, I DIDN'T GO INTO THIS
TO SPEND ALL THIS TIME SEEKING
LEGAL COUNSEL AND SELF
CENSORING MY RESEARCH, I'M
GOING TO GO IN A DIFFERENT
FIELD.
THIS, IN A FIELD THAT IS SO
CRITICALLY IMPORTANT TO ALL OF
US.
WE CAN CHOOSE RESEARCH,
ADOPTING AN OPEN ACCESS
APPROACH, PARTICULARLY FOR
FEDERALLY FUNDED RESEARCH.
WHEN OUR TAX DOLLARS PAY FOR
THE GRANTS THAT SOMETIMES I GET
AND OTHERS GET, THERE, IN MY
VIEW, OUGHT TO BE AN OBLIGATION
TO ENSURE THAT THAT RESEARCH IS
MADE AVAILABLE TO ALL.
IT'S AN APPROACH THAT THE FORMER
NATIONAL SCIENCE ADVISOR,
ARTHUR CARDI DESCRIBED IN AN
IMPORTANT OP-ED JUST IN THE
FALL, AS A CULTURE OF SHARING,
RECOGNISING THAT THE IMPORTANCE
TO THE SCIENTIFIC COMMUNITY IS
ACCESS, AND IF WE HAVE ALL PAID
FOR IT, THERE ARE BENEFITS TO
ALL.
RESEARCHERS
WITHIN OUR COMMUNITY AND
RESEARCHERS IN MANY OTHER
COMMUNITIES WHO SIMPLY DON'T
HAVE THAT ACCESS, TO ENSURE
THAT THAT ACCESS IS MADE
AVAILABLE TO ALL.
WE CAN CHOOSE PUBLIC
BROADCASTING, AS THE CBC LOOKS
FOR A REASON TO BE A PUBLIC
BROADCASTER AND SAYS YES, WE
STILL NEED PUBLIC BROADCASTING
IN THIS COUNTRY, I THINK I
AGREE, WE DO.
WE CAN LOOK TO THE BBC AS A
MODEL IN THE ILLUSTRATIONS I
GAVE EARLIER.
WE CAN LOOK TO NBC, NOT THE NBC
IN THE UNITED STATES, BUT THE
NORWEGIAN BROADCASTING COMPANY,
WHICH HAS MADE... NOT THAT
NBC'S SO BAD, BUT THE NORWEGIAN
BROADCASTING COMPANY, WHICH
MAKES AVAILABLE THREE WEEKS'
WORTH OF MATERIAL ONLINE.
IT'S AN INTERNET BASED TIME
SHIFTING, OR TIVO IF YOU WILL.
IF YOU'VE MISSED THE PROGRAM,
IT'S AVAILABLE THERE.
IT'S YOUR TAX DOLLARS THAT HAVE
PAID FOR IT, AFTER ALL.
WE CAN MODEL OURSELVES AFTER
ABC, AGAIN, NOT THE ABC IN THE
U.S., IN THIS CASE, THE
AUSTRALIAN BROADCASTING
CORPORATION, WHICH, AS PART OF
THOSE HEARINGS THAT I
REFERENCED IN AUSTRALIA, CAME
OUT AND SAID, LISTEN, YOU HAVE
TO BE CAREFUL WITH WHAT YOU DO
WITH DIGITAL RIGHTS MANAGEMENT
AND THOSE LEGAL PROTECTIONS, AS
THEY MAY INHIBIT OUR ABILITY TO
MEET OUR STATUTORY MANDATE AS A
PUBLIC BROADCASTER.
THERE ARE ROLE MODELS FOR THE
CBC TO SHOW THAT PUBLIC
BROADCASTING CAN BE AS VIBRANT
AND CRITICAL AS EVER.
WE CAN CHOOSE CULTURE IN THIS
COUNTRY, BY FREEZING COPYRIGHT
TERMS.
THERE IS SIMPLY NO REASON, NO
JUSTIFICATION FOR US TO GO FROM
THE CURRENT LIFE PLUS 50 YEARS,
TO LIFE PLUS 70 AND EVENTUALLY
IT IS A DEBATE THAT WILL BE
HOISTED ON US.
THERE IS NO ONE TODAY THAT WOKE
UP IN THE MORNING AND SAID, I
MIGHT WRITE THE-- I THOUGHT I'D
WRITE THE GREAT CANADIAN NOVEL,
BUT BECAUSE I ONLY GET LIFE
PROTECTION FOR LIFE PLUS 50
YEARS, RATHER THAN LIFE PLUS
70, I'LL WATCH OPRAH INSTEAD.

[Audience Laughter]

Michael continues I MEAN NOBODY CARES, FROM A
CREATIVITY PERSPECTIVE TODAY,
ABOUT THAT TERM OF COPYRIGHT.
WHO CARES?
WELL OF COURSE WALT DISNEY, THE
DISNEY COMPANY CARED, WHICH IS
WHY THEY HAD TERM EXTENSION IN
THE UNITED STATES... CONCERNS
ABOUT MICKEY MOUSE ENTERING
INTO THE PUBLIC DOMAIN.
BUT WE CAN MAKE A STATEMENT IN
THIS COUNTRY BY PLEDGING TO
SAY, LISTEN, WE WILL NOT EXTEND
THE TERM OF COPYRIGHT.
THIS MEETS AN INTERNATIONAL
STANDARD AND IS WHOLLY
APPROPRIATE.
WE CAN CHOOSE BALANCE WITH OUR
COPYRIGHT, WHERE USER RIGHTS
ARE TREATED AS A FULL PARTNER.
THE SUPREME COURT OF CANADA HAS
MADE THAT CLEAR.
THEY HAVE INTERPRETED THE LAW
TO MAKE THAT CLEAR, YET I HEAR
TOO FREQUENTLY, NO, NO, USER
RIGHTS ARE JUST AN EXCEPTION.
THEY ARE NOT AN EXCEPTION IN
THE VIEW OF OUR SUPREME COURT
OF CANADA.
THERE ARE CREATOR RIGHTS, THERE
ARE USER RIGHTS, AND BOTH MUST
BE IN BALANCE TO ACHIEVE AN
APPROPRIATE APPROACH.
IN SHORT, OR PERHAPS NOT SO
SHORT, WE CAN CHOOSE A
COMMUNITY AND CULTURAL POLICY
THAT LOOKS AHEAD, NOT BEHIND.
THAT IS CANADA'S CHOICE, IT'S
OUR CHOICE.
AND SO WHETHER YOU ARE A
CREATOR OR A BLOGGER, A
TEACHER, A WRITER, A MUSICIAN,
AN HISTORIAN, A RESEARCHER, A
FILMMAKER, A FREELANCER, A
STUDENT, A SCIENTIST, AN
ACTIVIST, AN ARCHIVIST, A
CONSUMER, AN ENTREPRENEUR, A
PUBLISHER, A PROGRAMMER OR EVEN
A PRO-USER ZEALOT, THIS IS YOUR
ISSUE.
AND THIS IS OUR CHOICE, AND WE
HAVE TO CHOOSE WISELY.
THANK YOU FOR YOUR ATTENTION.

[Applause]

Watch: Michael Geist on a Canadian solution for copyright