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bill C-32 was discussed, says such pro- hibitions would not work. "Consumers are guaranteed certain rights in the bill, but the reality is the holder, the manufac- turer or the digital lock producer has the final say-so, and those digital locks do seem to override the rights of consumers when it comes to the legislation," he said in committee. "That is a huge problem with bill C-32. The Conservatives might say that under the World Intellectual Property Organization agreement this is something that is necessary. While those things need to be considered given that commitment, other countries have taken different approaches." Beyond the political debate, sup- porters of copyright reform say having clear rules is the only way to develop the digital economy. "Everyone wants clarity because everyone wants to oper- ate in an online marketplace with clear rules, and it's the fact that we haven't had clear rules for the past 15 years that doesn't help things, especially when you are trying to develop new services and you don't know whether you are in or out. It has been very frustrating," says Jason Kee, director of policy and legal affairs at the Entertainment Software Association of Canada. "One of the things that everyone on all sides has been pushing for . . . has been clarity." John Barrack, chief operating officer and chief legal officer at the Canadian Media Production Association, says approving new copyright legisla- tion would be a job creator. "We are very appreciative of the effort to bring Canada in line with other countries, because it's really about jobs. At the end of the day, if we don't have strong copy- right protections, people don't want to create their works in Canada." On the other hand, several asso- ciations representing groups like docu- mentary filmmakers and students con- demned the previous bill as being too harsh, particularly on digital locks. Canada has known for a while it has had to do something about its copy- right laws. The federal government has also been under pressure internation- ally, particularly from the United States, which has been pushing Canada to have ntitled-4 1 its copyright law closer aligned to that in the U.S. that meets the latest trea- ties of the World Intellectual Property Organization. The Office of the United States Trade Representative's annual "shame list" is one way it exerts pres- sure. Canada has been on it for a while, joining countries like China, Russia, and India as the world's worst copyright violators. "Unfortunately, Canadian efforts in 2010 to enact long-awaited copyright legislation were unsuccessful. The United States encourages Canada to make the enactment of copyright legislation that addresses the challenges of piracy over the Internet," the report notes. "The United States encourages Canada to provide for deterrent-level sentences to be imposed for IPR viola- tions." Teamwork, drive, determination As important in law as it is in sport. In our experience, when a team pulls together with drive and determination, they get results. When you're looking for ip counsel with a winning attitude – and record to match – contact the team at Dimock Stratton. Dimock Stratton llp experience. results. 20 Queen W. 32nd fl, Toronto | 416.971.7202 | dimock.com www.CANADIAN Lawyermag.com JULY 2011 41 6/7/11 9:50:26 AM