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[DMCA-Activists] Boaters lost in marine chart fight


From: Seth Johnson
Subject: [DMCA-Activists] Boaters lost in marine chart fight
Date: Fri, 09 Apr 2004 15:21:20 -0400

> http://stjohns.cbc.ca/regional/servlet/View?filename=nl_chartfight20040409


Boaters lost in marine chart fight


Apr 9 2004 01:17 PM NDT

HALIFAX  —  A legal dispute over electronic marine charts may prevent up to
100,000 Canadian boaters from accessing accurate navigational tools.

In a few weeks, thousands of boat owners across Canada will be gearing up
for the season. There are almost four million fishing, commerical and
pleasure boats in Canada, all of them navigating shallow coastal waters
using a network of lighthouses and bouys.

Most boaters use marine charts, which are like road maps of coastal areas,
to find their way around. Many boaters use paper charts to locate bouys and
lighthouses, but in the past few years people have begun using devices with
built in electronic charts. What many boatowners don't know is now most of
those electronic charts are illegal.

It's all because of a nasty copyright issue. Charts are made at taxpayer
expense by the Canadian Hydrographic Service, but 10 years ago the service
made a deal with a Newfoundland company called NDI, and handed the company
sole rights to all Canadian charts in electronic form.

NDI spokesperson Greg Mercer says two other companies that dominate the
electronic chart market worldwide have never recognized NDI's ownership to
the Canadians charts and have refused to pay royalties. "Boaters have been
using illegal information and dealers have been selling illegal
information."

Last month, the dispute came to a head. The government warned marine dealers
not to sell C-Map or Navionic electronic charts because the companies were
in copyright violation, and that means up to 100,000 boat owners no longer
have access to current electronic charts.

Ken Cirillo speaks for the Boston-based company C-Map. His company has
warned Canadian boaters it can no longer do business in Canada. "There are
10,000 C-Map and Navionics users who now will have no access to updated
charts," he says. "It's a safety issue." 

The Canadian Hydrographic Service won't reveal details of its exclusive deal
with NDI, but it does recognize the looming safety issue and says its
reviewing its relationship with NDI.

"When we made the deal 10 years ago it was good for everyone," says Steve
Outhouse of the Canadian Hydrographic Service. "We know understand that its
got to change."

But that position surprises NDI's Greg Mercer. "That is news to us that they
are considering a change."

There is an urgency here. In a few weeks, thousands of boats will go in the
water and as it stands now, many could leave the the dock without current
charts, a situation everyone agrees is extremely dangerous.


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