The ideology of copyright

Peter Nowak is currently running a series of posts offering predictions about the future of science and techology, including weather control (!). The whole series (actually, the entire blog) is worth reading, but today he has a post about the future of copyright, an issue of some interest to me. It’s titled “2021: The move to worldwide copyright,” but I wonder if a better title wouldn’t be “The move to worldwide licensing.” I’m pretty fixated on copyright these days, not so much on licensing, so I’d be happy to hear from anyone with an opinion on the subject. Any thoughts?

Anyway, I’ve posted a couple of lengthy comments there, including one in response to some typically insightful remarks by Russell McOrmond.

The comments allowed me to put to paper something I’ve been thinking about for a while: what would it take for people, companies and governments to move beyond a fixation on copyright toward a focus on what copyright is supposed to do, namely regulate the market in creative works. Competition, I think, isn’t enough:

When it comes to copyright, we’re dealing with a centuries-old policy that is rooted in two core Western beliefs: property and the individual. The major international copyright institutions (WIPO, TRIPS, and now ACTA) are devoted to promoting copyright. It’s so deeply ingrained that people talk as if it’s an end unto itself, rather than one specific tool for regulating markets in creative works. Once people in power start talking about copyright as a tool that should be judged on its effects, then change will become more likely. My biggest hope for the copyright debate is that it will one day shift from the realm of philosophy and legal theory to that of empirical economics. I’m still waiting.

At this point in time, it’s quite obvious that publishers, the other content industries and content creators who profit from the current copyright system believe as a matter of faith that copying is stealing. Hence the lobbying and the legal battles. A decade of bad press and faltering business models haven’t changed that. As far as I can tell, there seems to be very little evidence to suggest that this will change anytime soon. It has nothing with anyone being stupid. One’s ideologies change very slowly, if at all, since they’re at the core of our self-perception. It’s not surprising that companies, run by humans, leave money on the table all the time and often commit what seems like suicide rather than change with the times. I’m not going to make any predictions, but I’d suggest that taking ideology into account may complicate the story.

Read the whole post here.

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Perimeter Security: SPP, Take Two

I’m in the midst of trying to finish my latest dissertation draft and get our house ready to go on the market – if anyone is interested in owning the former Ottawa residence of one of the creators of Coronation Street (for real), drop me a line – so I don’t have as much time as I’d like to comment on Friday’s Canada-U.S. declaration, “Beyond the Border: A Shared Vision for Perimeter Security and Economic Competitiveness.” But given that my dissertation is all about North American governance, I’d be remiss if I didn’t at least note that this agreement has the potential to radically reform North American relations.

A few preliminary notes:

1. In effect, this Declaration represents the streamlining of the ill-fated Security and Prosperity Partnership of North America (SPP). The dozens of working groups have been replaced by one (the Beyond the Border Working Group) and the laundry list of SPP projects has been pared down significantly.

Oh, and Mexico’s out entirely – how’s that for streamlining? From a regional-governance perspective, Mexico’s exclusion from this process is quite important: it suggests that “North America,” defined as Canada, the U.S. and Mexico, is at a crossroads. It could either represent a return to the pre-NAFTA world in which “North America” referred to Canada and the United States or, if Mexico and the United States reach a similar agreement, it would drive another stake into the notion that the three countries have a “trilaterial” relationship, rather than a “double-bilateral” one focused on the United States.

Either way, expect Canada to pay even less attention to Mexico than it has over the past decade.

2. Keep your eye on how the Working Group recommends that “threats” be identified and defined. My wife has been working on the issue of threat identification for the past several years (she just started a PhD on it too – can’t have too many doctors in the family), so I’m very conscious that threat identification is a political exercise. Issues, actions and people that are seen as “threats” vary over time and by country. Threat definition is not something that has ever, ever been left to policy wonks.

To see what I mean, ask yourself how the two countries might rank such possible threats as marijuana and the gun trade, and how they might differ on invasive body scanning at airports. Oh, and don’t forget about Cuba.

3. If you’re expecting this deal to finally guarantee Canada secure access to the U.S. market – and that’s what this deal is all about – I’d temper your hopes. The main threat to Canada’s access to the U.S. market is not U.S. perceptions that Canada is weak on terrorism (even though the 9/11 terrorists did not come through Canada), but that the two countries still have two separate systems of government, and that’s not going to change any time soon.

Congress still runs the show in the United States, as does Parliament in Canada. That’s all well and good, but it also means that there’s nothing stopping Congress from raising protectionist barriers to combat “foreign” threats (think softwood lumber) or raising barriers to entry (think Western Hemisphere Travel Initiative) when “domestic” interests are threatened. This Declaration does nothing to change this state of affairs.

Making predictions is a mug’s game, but I’d wager good money that the next time a 9/11-level cataclysm hits the United States, and whether or not Canadian policies actually contributed to the problem, all the people who supported a perimeter security concept as a way to guarantee Canadian access to the U.S. market (your Wendy Dobsons, your Michael Harts, your Derek Burneys) will be calling for even greater changes in order to finally – finally! – secure our access to the U.S. market.

Of course, that’s what the Canada-U.S. Free Trade Agreement was supposed to do. And NAFTA. And the SPP. And now this Declaration. Each approach repeats the mistake of the last: refusing to take seriously how the persistence of national governments affects the attempted creation of a single economic space. All the security-economic tradeoffs in the world can’t get around the fact that Congress and Parliament continue to make laws for their respective countries. And when push comes to shove, Congress will side with their constituents.

Oh, and given that security policies can never guarantee 100% security, there is a non-zero possibility of terrorists attacking the United States via Canada, even with a security perimeter. In that case, you can bet that this Declaration would do absolutely nothing to protect Canada, and we’d be back to square zero, having traded the ability to control our own borders for the illusion of U.S. market access.

4. Given my pessimism that these changes will do little to guarantee Canadian access to the U.S. market in the long term, especially in the event of a possible Canada-linked terrorist attack, I’ll be evaluating each proposal on their own merits. Finally fixing the Windsor-Detroit border crossing would be a good thing, for instance. Sharing information with the United States on how many times I enter and exit Canada, not so much. And there’s much, much more in there.

The key point, however, is that all of these issues are inherently political, and anyone who says that they’re not is either being disingenuous or should know better. Given that perimeter security is a U.S. demand, I’d be surprised if the United States adopted Canadian policies, rather than the other way around. Then again, it’s early days, and I’ve been wrong before.

5. And hey! I managed to discuss the Declaration without once using the word “sovereignty.” My one wish for the upcoming debate over perimeter security is that our politicians and journalists treat their constituents and readers with respect and actually discuss the content of the Declaration: who will be making decisions? What will they be deciding? Like “piracy” in the copyright debate, “sovereignty” is a loaded word that actually tells us very little about what’s actually going on.

Posted in Canada-US relations, North America, Perimeter security | Comments Off on Perimeter Security: SPP, Take Two

Why the leak of the Pre-Budget Consultations report doesn’t matter, except to the committee’s researchers

As someone who was involved in the House of Commons’ Finance Committee’s pre-budget consultations for several years, the leak of the committee’s draft recommendations by a, shall we say, opportunistic, Conservative staffer couldn’t help but catch my eye. While reports are focusing on the effect of the leaks on the political parties, let’s not forget the researchers who actually wrote the report.

The whole pre-budget consultations process is pretty intense. In the space of three months or less, the committee, aided by their tireless researchers and a committee clerk, hears from hundreds of witnesses in Ottawa and on the road. Researchers then have to take these hundred of submissions about every conceivable topic (seriously: we heard about every conceivable issue to which a dollar sign could conceivably be attached) and write a big honkin’ report that has to be translated, submitted to the committee for approval, edited and revised to reflect the will of the committee.

Writing the report and attending the meetings was actually a lot of fun, like getting your own personal annual update on the state of the Canadian economy. And I think that the reports did (and do) a fair job of accurately representing Canadians’ main economic concerns, which is what I think the Finance Committee always sets out to do.

But let’s not overstate the importance of the process. Far from being a crucial input into the making of the federal budget as the Globe and Mail’s breathless reporting suggests, the Finance Committee’s pre-budget consultations report is exactly as effective in influencing government policy as any other parliamentary committee report.* Which is: hardly at all.

For starters, the committee’s report is not binding on the government. There’s also the fact that the Finance Department and Finance Minister have been conducting their own pre-budget exercises for years (dating back to the Liberals, I believe). Between this duplication and the current government’s incessant appetite for polls (different in degree, not in kind, from its predecessors), I’d be surprised if the government learned anything new from the committee’s work. I’m also fairly certain that the overall thrust of the budget is not determined by the Finance Committee.

Oh, and then there’s the fact that when there’s a majority government, the government effectively controls the committee, so it’s not like anything embarrassing to the government would get into report anyway.

The report can be useful as a way for MPs to signal to the government what they feel are important issues, and specific recommendations may not be 100% in line with the government’s agenda, but I’d be very surprised if something that the government (read: Prime Minister) of the day really didn’t like would ever get into a pre-budget report. (I should say here that as a non-partisan staffer I was never privy to intra-party discussions. We simply followed the will of the chair and the committee.)

That such a potentially valuable annual exercise doesn’t contribute more to the federal budget is a sad reminder of the growing irrelevance of Parliament, and it’s something that Canadians should be concerned about. I also feel for the researchers who’ve been working 12-hour days for the past month only to see their work trashed by the inexcusable and offensive actions of a political staffer. But as far as any effect on the way that the budget is currently made, the cancellation of this year’s Finance Committee’s pre-budget report will hardly matter at all.

* The Globe article, as the Globe’s Parliament Hill coverage tends to do, focuses exclusively on the horse race aspects of the report. From that perspective, sure, the cancellation of the budget robs parties of the chance to score political points based on the differences between the committee report and the eventual budget. Me, I’m more concerned with more boring stuff, like what’s actually in the budget. Even if you care about the political horse race, based on what I wrote above I don’t see how the report can really tie the Finance Minister’s hands. The Conservatives control their own MPs and could easily dismiss any annoying opposition recommendations.

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The Wikileaks dump: Kind of a big deal

Four quick points about the Wikileaks document dump.

1. I think it’s a mistake to simply shrug off the leaks, as my good friend Erin at Media Souffle and many others have done. The conventional wisdom that’s emerged about the leaks – that they don’t tell us anything we don’t already know – misses the most interesting thing about the whole situation. Which is: even without access to insider views, academics and journalists (when they’re speaking truth to power) have been providing us with a pretty good picture of how the political world works.

This is huge. I live in Ottawa, so I’ve had my share of conversations with people with security clearances who attempt to trump every argument with an infuriating, “If you only knew what I knew…” (infuriating military corollary: “If you’d seen what I’ve seen…”). Well, these releases actually prove that in 99 cases out of 100, we do know what you know. There’s a tendency, particularly in some parts of government, to fetishize “secret” information, merely because it’s classified, and to denigrate open-source information sources. These leaks are actually a good argument in favour of open-source research.

For us academics, most of whom don’t have access to this deep kind of insider information, this is fantastic news: it means that our theoretical models and information-gathering methods are actually providing us with a reasonably accurate picture of the way that the political world works.

And, of course, there is the one case out of 100 that actually does tell us something new. I, for one, had no idea that every country in the Middle East is pressuring the U.S. to attack Iran. I’d also argue that having proof that United States is spying at the United Nations, breaking formal international obligations, is a big deal. Saying that this isn’t a big surprise says more about our lowered expectations for the rule of law and what we consider appropriate behaviour than it does about the leaks themselves.

2. One of the reasons that these leaks didn’t tell us much that we couldn’t have inferred from paying attention to the world is that they came from the United States. One thing that stood out in my dissertation field work was how open U.S. government sources and lobbyists were in presenting their positions. Sure, they know that you might disagree with them, but they are more than willing to share their perspectives with you. With some notable exceptions, the Canadian government was much harder to deal with (Exhibit A: Three years and counting for the documents I requested under the 30-day Access to Information process).

I wonder if a document dump of Canadian cables would have been as shrug-worthy as the ones from the more-open U.S. government. Just sayin’.

3. I can’t wait until the cables from the U.S. Embassy in Ottawa are released. It looks like some of them deal with Canadian copyright reform. Given the nightmarish experience I’ve had at the hands of the Canadian Access to Information process, I’m viewing this release as a form of karmic balancing. I may have to adjust my dissertation’s argument to account for this new information, but probably not (see point #1).

4. Does anyone else find all the angst about the loss of face in the international community bizarre? For all the advances of the past several hundred years (a United Nations, democratic countries around the world), our diplomacy hasn’t left the 18th century. It’s the 21st century, and everyone is acting like the United States is Glenn Close in Dangerous Liaisons (or, for the more camp-inclined among us, Sarah Michelle Gellar in Cruel Intentions). Which would make Julian Assange either John Malkovich or Ryan Phillippe:

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Read it now! "From ‘Radical Extremism’ to ‘Balanced Copyright’: Canadian Copyright and the Digital Agenda"

In what has to be some kind of land-speed record, From ‘Radical Extremism’ to ‘Balanced Copyright’: Canadian Copyright and the Digital Agenda is now available in a print edition ($65) and online (free, under a Creative Commons license). Did I mention that the entire thing came together in just over four months? And that all the chapters were refereed?

My contribution, “North American Digital Copyright, Regional Governance, and the Potential for Variation,” is also available for download. It’s all very exciting: there’s nothing like having your first refereed contribution come out just as you’re finishing the entire dissertation.

I haven’t had a chance to read the other chapters yet, but if they come anywhere close to approaching the quality of the presentations made by several contributors at the book launch last Thursday, the whole book is going to be a vital contribution to the immediate political debate over Bill C-32 and the long-run academic debate over Canadian copyright.

Enjoy!

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