Island Linux Bits and Bytes of Technology

islandlinux: Twitter confirms support for Do Not Track http://t.co/1FEXFoRE

islandlinux: Comcast to suspend data cap after Xbox controversy http://t.co/gVwAqPtF

islandlinux: Verizon to Kill Unlimited Data Plans for Existing Subscribers http://t.co/2zyeAVCM

islandlinux: RunCore Introduces Self-Destructable SSD http://t.co/So7vqCQD

islandlinux: Paralyzed Woman Moves Robot with Her Mind http://t.co/eXhJ4hm3

islandlinux: Japan breaks wireless data record - T-ray works in terahertz band http://t.co/JKerbgh9

The Business Software Alliance released its annual global software piracy report this week with new data that not only shows that Canada hit yet another all-time low but has experienced the biggest percentage decline in the world over the past five years. For the past few years, the BSA report has repeatedly found that piracy is declining in Canada. In 2009, Canada was characterized as a "low piracy country", in 2010 the industry noted that Canada's piracy rate was at an all-time low, and last year it dropped further to another all-time low.

The latest report says the Canadian piracy rate dropped further in 2011. In fact, over the past five years, the Canadian rate has dropped by 18% (from 33% to 27%), the sharpest decline in the world. No other country has seen its piracy rate drop as quickly. While there are ongoing concerns about the BSA methodology, it is striking that at the very time the U.S. and other lobby groups seek to paint Canada as a piracy haven, their own data suggests the opposite is true.

Dozens of leading U.S. law professors have written to the U.S. Senate Committee on Finance to express concern about the lack of constitutional authority to approve the Anti-Counterfeiting Trade Agreement without submitting it for Congressional approval.

Harvard Professor Winston Hide has stepped down from the editorial board of the prestigious Genomics journal over the lack of open access.

islandlinux: Internet surveillance bill not dead, Toews says http://t.co/RD7bOxvD

islandlinux: Coding guidelines for HTML and CSS http://t.co/xTRGomny

islandlinux: Government To Impose Time Allocation on Copyright Debate http://t.co/znzFZEJZ

islandlinux: Is Lawful Access Dead? Not Yet. http://t.co/5pT8jYKQ

islandlinux: Judge: Ample evidence that Apple “knowingly joined” e-book conspiracy http://t.co/Q1ZEX04p

islandlinux: DDR4 May Replace Mobile Memory For Less http://t.co/cheUoT8N

islandlinux: Google's Grand Android Plan http://t.co/a1L9corL

Bill C-11, the copyright reform bill, passed the report stage yesterday, leaving only a third reading debate and vote before the bill heads to the House of Commons. While many good elements in the bill remain intact, it is worth noting what the Conservatives voted against by opposing every amendment proposed by the NDP, Liberals, Green Party, and Bloc at committee and at report stage. Proposed amendments that were defeated included:

• link circumvention to copyright infringement so that Canadians could continue to exercise their fair dealing rights in the digital environment
• address a flaw in digital lock exception on perceptual disabilities that may restrict the ability of blind to circumvent a digital lock to access a work
• create a new notice requirement for the inclusion of digital locks
• create a new qualified circumventer system, similar to that found in New Zealand, so that those Canadians without the technical ability to circuvent a digital lock in permitted circumstances can do so
• add a new digital lock exception to protect minors
• remove the digital lock restrictions for time shifting and backup copies
• create a system to allow the Copyright Board to create new digital lock exceptions
• amend the network services provision so that providers can offer network-based PVRs and other cloud computing services. As it currently stands, the bill may create legal risks for such cloud-based storage services.
• change the restriction on digital interlibrary loans by requiring a notification of restrictions (including an ability to use a work for more than five business days) rather than the need to take measures to stop restricted activity
• remove the 30 day destruction requirement on lessons for teachers and students that use that new exception

None of these amendments were radical or undermined the goals of the legislation. There is much to like in Bill C-11 but the defeat of provisions designed to improve access for the blind, preserve fair dealing, enhance education, and open the door to innovative services hardly seems like something to celebrate.

UBC, one of Canada's largest universities, has announced that it will not sign the Access Copyright model licence. The decision is particularly notable since UBC President Stephen Toope is also the chair of AUCC, which negotiated the model licence. UBC says it is "taking the bolder, more principled and sustainable option" and points to three main reasons for the decision:

• UBC has existing license agreements with over 950 publishers providing access to online resources.  UBC’s decision positions us towards a sustainable future and full adoption of digital learning and teaching technologies.
• UBC remains concerned about the affordability of higher education, which is borne in part by taxpayers and in part by students.  The measures taken by UBC since its 2011 decision have positioned it well and enable UBC’s students and faculty to access teaching and research materials more cost-effectively than if UBC were to enter into a license based on the model.
• The AUCC model license only permits copying of up to 10% of a work (20% in case of course packs) and only with respect to a narrow repertoire that is almost exclusively print-based. Therefore, the license would not be cost-effective for UBC and does not absolve faculty members and students from the need to respect the legal rights of copyright owners.

UBC deserves great credit for taking a principled stand at a time when the AUCC has abdicated its leadership on the copyright issue and many other universities seem likely to sign the agreement since the costs can simply be pased along to students. While there are obviously risks, there is also the opportunity for great rewards as UBC may position itself as a national leader at a time that other universities are content to take a major step backward.

In addition to the UBC decision to not sign the Access Copyright model licence, the Manitoba Library Association has added its voice in opposition to the agreement. Moreover, the Trent University Senate has adopted a motion stating "that the Senate, in solidarity with the CAUT, the CFS and dozens of other constituent and governing bodies, reject this unfair and unreasonable AUCC-Access Copyright 'model license' and instead affirm and abide by 'the right to fair and reasonable access to copyrighted works for educational purposes.'"

The Globe's John Ibbitson has a column that confirms much of the private speculation about lawful access, namely that the bill is going nowhere so long as Vic Toews remains public safety minister. This is consistent with the prevailing view that Toews is so closely associated with the worst of the bill - warrantless disclosure of subscriber information, new surveillance technologies, and divisive us vs. them framing - that a change will be needed for the bill to come back. Ibbitson focuses on the likelihood of Parliament proroging before the bill is revamped and returns, yet speculating on those issues is always difficult.  What is certain is that lawful access will return at some point, meaning Canadians will need to remain vigilant to ensure that any future bill addresses the myriad of concerns associated with Bill C-30.