Re: [fsfc-discuss] Petition to protect Information Technology property rights (Was: Re: "FSF Canada" )

[Russell McOrmond]

On 12-02-18 12:55 PM, Richard Stallman wrote:
>        In order to ensure signatures would be accepted
>      we would need to go through the process of getting the new text validated
>      through the Private Members Business Office, just as we did with the
>      existing petitions.
>
> What's involved in this validation?

  We author the final text, and then bring it to an MP staffer who 
brings an unsigned example to the Private Members Business office. 
They then get back to us with any potential formatting issues/etc, or 
just tell us that everything is OK.

  This could take a few days, or it could take weeks.  There are no 
guarantees with this process.

  When we have signed pages we bring them to an MP, who brings the 
signed pages to the Private Members Business office for certification. 
This process is now going to be less uncertain given they already 
approved the text, and are now just looking at the signatures (minimum 
of 25 valid, has name and address, etc).   The office certifies the 
petition signatures, and returns them to the MP.  The MP can table them 
in the house of commons at their next opportunity.  I've seen this part 
of the process take from a few days to up to a month.


  We have allies in the official opposition NDP caucus, and my own MP 
in the Liberal party has been very helpful with our petitions.  It is 
also likely we can get in touch with Elizabeth May (The single Green 
Party MP).

  If we get enough signatures we can coordinate multiple MPs standing 
up and tabling batches of signatures.   The more the MP is an ally, the 
more they are likely to say something beyond the fact that they are 
simply tabling a petition and say something more.  Mr. Charlie Angus 
once read the entire text of the TPM petition into Hansard.

  We've even had the text of the last part of our Petition for Users 
Rights "sung by a choir" as part of a skit for the Rick Mercer report 
(Canadian political comedian)

> Of course, if there isn't time to do this, we must choose some other
> path.


  There may not be time if we wanted the petitions to influence the 
committee process.  Even coordinating getting new signatures to the 
existing ICT petition will be quite tight, so I hope we will all 
consider doing that as a minimum for the short term.


  If a Conservative MP doesn't come forward and push for a 
pro-technology-ownership amendment at committee stage, then it is likely 
a done deal for this bill.   This will be a very strongly party whipped 
vote, and no Conservative will be allowed to vote against the bill or in 
support of any amendment not approved by the Prime Minister's office.




  Not to sound defeatist on this bill, but this bill is also only one 
stage in a larger process.   Bad legislation is tabled and even passed 
every day, and new bills come forward all the time to fix them.  Even if 
this bill passes the house and Senate, is it not like our work is over 
or we will let things stand.

  The Paracopyright (trying to avoid the TPM label) aspect of this bill 
may also be unconstitutional on jurisdictional grounds given it is not 
properly the subject matter of federal copyright but provincial 
contract, property and eCommerce law.  The Canadian Constitution sets up 
clear boundaries as to what each level of government is allowed to do, 
and a growing number of law scholars believe the Paracopyright parts of 
this bill contradict those boundaries.


Some references at: http://billc11.ca/faq#constitution

Constitutional Jurisdiction Over Paracopyright Laws
Jeremy F. deBeer
http://www.irwinlaw.com/pages/content-commons/constitutional-jurisdiction-over-paracopy-laws---jeremy-f-debeer


Crowne-Mohammed, E.A. and Rozenszajn, Y., ‘DRM Roll Please: Is Digital 
Rights Management Legislation Unconstitutional in Canada?’, 2009(2) 
Journal of Information, Law & Technology (JILT), 
<http://go.warwick.ac.uk/jilt/2009_2/cmr>

--
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
 Please help us tell the Canadian Parliament to protect our property
 rights as owners of Information Technology. Sign the petition!
 http://l.c11.ca/ict

 "The government, lobbied by legacy copyright holders and hardware
  manufacturers, can pry my camcorder, computer, home theatre, or
  portable media player from my cold dead hands!" http://c11.ca/own