Friday, October 9, 2009

How Canadian copyright law pushed glamorizing anorexia back into the spotlight


According to Michael Geist, 30% of Canadian ISPs comply with DMCA takedowns. This figure was presented by some pro-copyright lobby as "shocking" evidence that Canada is a lawless place where copyright isn't respected. Geist agreed that it was shocking - but for a different reason. He said it was shocking that 30% of our ISPs caved to a law from a foreign country, and complied with a request they had no legal requirement or authority to obey.

A Canadian ISP and DCMA takedowns are in the news again this week with respect to photoshop and anorexia.

"Cory Doctorow writes that Ralph Lauren issued a DMCA takedown notice after Boing Boing republished the Photoshop disaster contained in a Ralph Lauren advertisement in which a model's proportions appear to have been altered to give her an impossibly skinny body with the model's head larger than her pelvis. Doctorow says that one of the things that makes their Canadian ISP Priority Colo so awesome is that they don't automatically act on DMCA takedowns and proceeded to dare Lauren to sue.

'This is classic fair use: a reproduction "for purposes such as criticism, comment, news reporting," etc,' writes Doctorow. 'Copyright law doesn't give you the right to threaten your critics for pointing out the problems with your offerings.' Doctorow adds that every time Lauren threatens to sue he will 'reproduce the original criticism, making damned sure that all our readers get a good, long look at it,' 'publish your spurious legal threat along with copious mockery,' and 'offer nourishing soup and sandwiches to your models.'"

On a related note, welcome to the Streisand effect, Ralph.

hat tip: Slashdot

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