A friend of mine sent me a note on Terry Corcoran's latest editorial supporting Jim Prentice's copyright legislation. In it he labeled everyone opposed to the legislation - Telecom Trotskyites. I am still shaking my head that this story came from the National Post. I thought they were for Less Regulation, Less Government, and More Competition within free markets. This doesn't sound like it.

I love the allusion to Trotsky. Is this an allusion to the mass of people who are engaged in the industry in question actually protesting a bad bill? This makes us all Troskyites? My close friend and business partner Trevor Doerksen was an organizer for the Prentice open house protest in Calgary. We both believe in economic and personal freedom. We own our own companies and we own shares in other people's companies. I'm not too sure Trotsky would be a friend of ours.

It would seem that Terry's opinion is that the Government and a few large struggling media companies should legislate draconian restrictions on legal and ethical consumer behavior. The state's will over ours. This is 100% counter to economic liberalism. If Mr. Corcoran looks up people from Trotsky's time (1930s) who were diametrically opposed to economic liberalism he will find two very interesting individuals from history. Is this really what the National Post's is advocating?

Beyond the issue of actually curtailing ethical use of content, I and others believe that bill is counter to competition and innovation and will handicap Canada. Transparency and open access to information is today's reality. Even the Chinese government cannot control the information that people get in their country, and they are trying desperately.

Surprisingly, he lumps copyright issues with net neutrality. First net neutrality is a bloated on not well defined term in my opinion. However most advocates of Net Neutrality are focused on ensuring competition and innovation of all enterprises - the way of free markets. (Something, until now I thought Terry supported.) Take a simple point, without a level of net neutrality VOIP innovation would never have taken place, because it never would have been adopted by consumers - Telcos would shut it down because it cannibalizes their business. However, VOIP is great for consumers and businesses. It now saves my company about $2,000 a year. Sure that sucks for Telus. But they know how to compete. They can and must adapt. Terry obviously would prefer the government legislate them into a non-competitive advantage and monopoly on data services so that a small local company like FUGU Phone cannot compete.

Business models around the control of information and data are in utter collapse because new technology and consumption patterns have taken root. Mr. Corcoran, obviously believes that Canada should legislate ourselves back to the 1980s to sustain those failing businesses. I personally still believe in free markets and innovation and believe the markets will bring forth new businesses and opportunities, but to do so you must compete not sick your lawyers on our MPs to compete for you.

This has nothing to do with me, Michael Geist, or other thoughtful people being against copyright. We are all for new copyright legislation in Canada - we WANT it. But as a creator of IP, as a representative of individuals who create IP this bill is misguided and damaging.

I'd write a letter to the editor, but that would put control of my information into Terry's hands. It's a new world, Terry.

Additional Links:

Kempton Lam makes a point by point rebuttal.

Ars Technica is reporting that Congressman Howard Berman (AKA Congressman Hollywood) the chair of the Congressional Subcommittee on Courts, the Internet and Intellectual Property is advocating the gutting of the Safe Harbor Provision in the DMCA. Protecting copyright owners is critical, but Rep. Berman appears from this report (and this one) to be advocating the establishment of Information Police.

One more step towards 1984.

I've been a sleep at the wheel. It seemed so far off, and I wasn't too concerned. I honestly thought this would take care of itself with some smart people focused on the issue. But now, Michael Geist has made it clear that the Government is tabling new copyright legislation this session.

Michael posted 30 things we can do. I strongly urge you to take the time and read this and PLEASE take action.