A representative of the Canadian Department of National Defence (DND) has demanded the removal of a document on Canadian Land Force Counterinsurgency Operations that was first released by WikiLeaks in August 2009. The document was published on this website in April 2010 after a copy of the report that was clearer and easier to read was found to be available online. In May 2010, the manual was written about by Doug Saunders, a journalist working for the Globe and Mail who also reproduced the document in full.
While the government maintains a critical role in enforcing copyright law, it should be readily apparent that, in an age of viral, digital online distribution, prosecution of individual acts of infringement may serve a purpose, but standing alone this may not be the only or best solution to addressing Online Infringement. If Online Infringement is to be effectively combated, law enforcement must work with all interested parties, including copyright holders, their licensees, artists (and the guilds, unions and other organizations that represent them), recording companies, movie studios, software developers, electronic publishers, Internet Service Providers (“ISPs”), public interest groups, other intermediaries and consumers on reasonable methods to prevent, detect and deter Online Infringement. Such efforts must respect the legitimate interests of Internet users and subscribers in protecting their privacy and freedom of speech, in accessing legitimate content, and in being able to challenge the accuracy of allegations of Online Infringement. This work should include an educational component because evidence suggests that most informed consumers will choose lawful services and not engage in Online Infringement. This work also should include the development of solutions that are reasonably necessary to effectuate the rights that are granted by copyright without unduly hampering the legitimate distribution of copyrighted works online or impairing the legitimate rights and interests of consumers and ISPs.
Center for Copyright Information ISP Copyright Alert System Fact Sheet and Frequently Asked Questions.
This note has been produced by the Rightsholder Group as an initial response to a request from the Minister for Culture, Communications and the Creative Industries to see whether there is scope to move toward across-industry voluntary approach to inhibiting access to websites that are substantially focused upon infringement of copyright. Our proposal is for a voluntary approach that will have a significant impact on the problem of infringement undertaken using the internet while being legally and technically feasible, cost-effective and proportionate. Our proposal is advanced on the basis that sound internet policy should encompass notions of accountability to incentivise private sector participants to take commercially reasonable steps, where available, to prevent or limit those harms that flow from the products or services they offer. This is a complex issue and we have addressed it here by offering a general approach based on core principles, exemplified by a more detailed explanation of the legal basis for the approach and of how such a system could work.
A Vice-President of TransUnion has demanded that we remove two documents from this site that he says are copyrighted. Gary S. Friedlander, Vice President & Division General Counsel for TransUnion LLC, says that our posting of the documents constitutes “intentional infringement” and he threatens that “Trans Union can file a lawsuit against you seeking among other things: preliminary and permanent injunctive relief, money damages, and attorneys’ fees”. Mr. Friedlander also demands that we “immediately destroy any and all copies of Trans Union copyrighted material in your possession and/or control”.
Few things are more important to the future of the American economy and job creation than protecting our intellectual property. The Chamber of Commerce estimates that American intellectual property accounts for more than $5 trillion of the country’s gross domestic product, and IP-intensive industries employ more than 18 million workers. Each year, online piracy and the sale of counterfeit goods cost American businesses billions of dollars, and result in hundreds of thousands of lost jobs. Studies recently cited by the AFL-CIO estimate that digital theft of movies and music alone costs more than 200,000 jobs. This is unacceptable in any economic climate. It is devastating today. The severity of the problem continues to increase and businesses of all types and sizes – and their employees – are the victims. In Vermont, companies like Burton Snowboards and the Vermont Teddy Bear Company are well recognized brands that depend on the enforcement of our intellectual property laws to keep their businesses thriving.
For the second time in less than one week, we have received a legal threat for our republication of a “confidential” document that was, in fact, already publicly available. However, this threat, made by legal representatives of the defense contractor Allen-Vanguard, goes much further than the previous threat made by Visa International Service Association to claim that we may be subject to imprisonment for the reproduction of a four-page public document. The document in question is part of a series of “TRITON Intelligence Reports” produced by the Hazard Management Solutions Company, Ltd., a British company that claims to be the “world’s premier supplier of integrated counter improvised explosive device (C-IED) training, analysis and consulting services”. HMS Ltd. is owned by a Canadian company named Allen-Vanguard Corporation and it is the Trademark Agent and Intellectual Property Specialist for this company that issued the threat.
Allen-Vanguard Corporation’s threat to Public Intelligence, June 18, 2010.
The following notice was received by our main hosting provider LeaseWeb BV from the attorneys of Visa International Service Association on June 15, 2010.
At all times during the Term, YouTube/Google shall facilitate and maintain content identification services in accordance with this Exhibit U. It is the intent of the parties that these content dentification services will_enable PARTNER to easily identify audiO and audiovisual materials on the Video Service that are owned or controlled by PARTNER, and enable PARTNER to elect in each case to either (A) license the content to YouTube/Google in connection with the Video Service on the terms and conditions prescribed in the Agreement or (B) remove it from the Video Service (the “Election”).
U.S.-Japan-EU-Mexico-Canada Confidential Anti-Counterfeiting Trade Agreement (ACTA) Draft Text, January 18, 2010. This is the 56-page full version of the “consolidated text” of the treaty.