It moaned that the Canadians “notice and notice” system is ineffective at deterring pirates and that the broader legal copyright regime fails to deter piracy.
The International Intellectual Property Alliance (IIPA) has released its latest 301 ‘watch list’ submission to the US Government which is based on the numbers of complaints Big Content has against nation states.
Canada is discussed in detail with the recommendation to put it on the 2017 Special 301 ‘watch list.’
One of the main criticisms is that, despite having been called out repeatedly in the past, the country still offers a home to many pirate sites.
“For a number of years, extending well into the current decade, Canada had a well-deserved reputation as a safe haven for some of the most massive and flagrant Internet sites dedicated to the online theft of copyright material,” IIPA writes.
It all seems rather unfair given that the Canadians shut down the popular torrent site KickassTorrents, which was partly hosted there. The IIPA is worried about the emergence of stand-alone BitTorrent applications that allow users to stream content directly through an attractive and user-friendly interface. Basically, they are moaning about Popcorn Time.
The IIPA reports that several websites offering modified game console gear have also moved there to escape liability under US law.
The group specifically highlights R4cardmontreal.com, gamersection.ca and r4dscanada.com among the offenders, and notes that “This trend breathes new life into Canada’s problematic ‘safe haven’ reputation.”
Big Content claims Canada’s legal regime fails to deal with online piracy in a proper manner. This is also true for the “notice and notice” legislation that was adopted two years ago, which requires ISPs to forward copyright infringement notices to pirating subscribers.
But the main issue appears to be that there is no evidence that any of the anti-piracy crackdowns have worked. Big Content thinks that this is because there are no punishments involved for frequent offenders. Despite the failure of any measures to stop online piracy Big Content wants to see crucifixions.
“…simply notifying ISP subscribers that their infringing activity has been detected is ineffective in deterring illegal activity, because receiving the notices lacks any meaningful consequences under the Canadian system,” IIPA writes.
It admits that the ‘notice-and-takedown’ remedy that most other modern copyright laws provide does not work but it does provide some incentives for cooperation, incentives that Canada’s laws simply lack,” Big Content muttered.