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61 Reforms to C-61, Day 7: Time Shifting Provision Prohibits Network-Based PVRs

By Michael Geist

In the months leading up to Bill C-61, Telus consistently argued for a "living" fair dealing provision that could adapt to changing technologies.  In particular, the company noted its interest in providing a network-based PVR that would allow customers to record and store programs that reside on computers that it hosts.  That network-based approach of relying on centralized computers - often referred to as cloud computing - is one of the hottest trends in computing as companies look for efficiencies and consumers seek out convenience. 

Yet Bill C-61 isn't just oblivious to these developments - it is downright hostile.  The time shifting provision includes a specific reference to a network-based video recorder service that explicitly excludes such services from its scope. In other words, the legislation is complete rebuke to Telus' hope to offer such a service.  As I'll discuss in the coming weeks, it does not end there, however.  The legislation does nothing to facilitate network-based computing, instead envisioning a world in which format shifts are limited to nearby devices that we own.  Shifting your music to an iPod may be possible (provided that you meet a host of requirements), but shifting to a network-based storage facility does not appear to be in the cards.  The future of computing may be on the network, but Bill C-61 does its best to erect barriers toward that vision.

Full post as published by Michael Geist on July 01, 2008 (boomark / email).