Bill C-8 and Reprolabels

[General Tekno]

So our federal government's reintroducing the copyright law changes they tried to pass earlier as a new bill, C-8. Seems it's slipped under the radar what with the media/activists all focused on the other piece of controversial hot button legislation making the rounds right now.

http://www.securingindustry.com/secu...ed/s110/a1875/

What jumps out for me is the provisions involving criminalizing possession or export of goods, packaging, or labels that violate trademark law.

I know Reprolabels' business model as is is somewhat of an "under the radar" thing, but doesn't this effectively criminalize it, or at least the faction-symbol specific part of it?

[Robimus]

Hard to say. As worded this could also effect 3rd Party Transformers.

The only thing I'd say is that Hasbro is more than aware of all this type of stuff and has done nothing about it. I don't really think it should be the place of government to step in and do it for them.

[General Tekno]

Originally Posted by Robimus

Hard to say. As worded this could also effect 3rd Party Transformers.

The only thing I'd say is that Hasbro is more than aware of all this type of stuff and has done nothing about it. I don't really think it should be the place of government to step in and do it for them.

Well, the people who want these laws passed are industry, in part because they want taxpayers to foot the bill of policing IP, but that's another debate.

Re: third party though, it strikes me that a lot of what this addresses wouldn't necessarily affect third party items, given it moreso covers trademark/copyright. And a lot of the third party groups skirt around actually using any of that stuff.

I'm no copyright/trademark lawyer mind so I don't actually know this for sure. But even then most of the third party groups are careful to avoid any Hasbro iconography aside from the character designs themselves.

[justprime]

The only people it will affect will be the little guys, the law will not be so narrow and will be open to various exceptions/interpretation.... patent pending rights expiary for example (other wise we would see reissue of jetfire or see the red ferrari mirage from rotf cancelled due to mattels rights) as to allow grey a area otherwise Hasbro will have a copy right fight with kreon>lego if that were the case amongs others.
I agree the govenment should stay out of this type of legislation and fight ...and get back to the business of looking after the every day peoples needs..cheaper hydro rates and jobs for example. big business can take care of its self and fight its own fight with its own funds and the government should know better than to wast our tax dollars here better to do it in the senate

[Tekkamanraiden]

I don't think Reprolables has much to worry about, worst they'd get would be a cease and desist letter. Most if in all of the 3rd party companies have been wise enough to create inspired by designs and have left the faction symbols off.

Sounds like the conservatives are trying to get as much of their agenda though as possible before they get ousted next election.

[justprime]

Hasbro would be foolish to put up a C&D against repro,,, Repro does a community service for all those who buy big H products be it new (Add on upgrade decals which hasbro can hold no claim) or the secondary market ( repair/replace old decals bringing new life to old toys) that encorages sales of new product and the reissueing of old.... now if hasbro wants to go to the trouble of reissuing new vintage decals and repair pieces by all means.....

P.S. just read the bill the Gov must be sniffing glue to try and make this law,... giving IP/trade marks rights to smells, sounds.hologrms..etc ( next theyll be charging us for the air they pollute) what about public rights and domain ?..can I now sue for any camers that takes my photo in public (ie monitors) with out my explisive permission , seizing products that (third party) I may purchase off shore who gives industry this kind of power/control over my personal preferance,I relise this applies to more than just the TFs toy line but this actully scares me..this kind of government thinking,..this has gotten far to silly big brother not to mention a violation of civic rights/freedoms

[Hellboy]

It's all part and parcel to stop counterfeiting merchandise. People are dying because of the criminal "bootlegging" of merchandise that includes name-brand foods, medicine and other consumable products.
While this legislation may seem nonsensical to the average Transformer collector there are much bigger issues at stake.

If I buy a Hasbro Transformer I expect it to be a Hasbro Transformer that has been regulated be strict manufacturing policies. I don't expect lead paint or other toxic materials to be present in something I give my nephew as a Christmas present.

Labels and stickers (while hopefully Reprolabels uses non-toxic stickers) are counterfeited sometimes with cheaper adhesives that can be harmful.

This whole thing is not just about licensing. It's about protecting the consumer.

[venksta]

From my understanding, Hasbro could of shut down Reprolabels ages ago, if they wanted. I remember reading a comment some where from a previous Botcon, that Hasbro turned a blind eye at Reprolabels, as it helped their product, or atleast you needed the official product first to use them.

[General Tekno]

Originally Posted by venksta

From my understanding, Hasbro could of shut down Reprolabels ages ago, if they wanted. I remember reading a comment some where from a previous Botcon, that Hasbro turned a blind eye at Reprolabels, as it helped their product, or atleast you needed the official product first to use them.

Interesting.

Though the new factor here from what I can tell is that it's empowering Customs officials to use judgement, so the onus falls on them rather than rightsholders to police infringements that come over the border.

Not that I expect Reprolabels to get flagged, mind, but it's still a key distinction.

[canprime]

Couple of points:

1) This bill seems to just make it easier for TM/CR holders to go after infringement. It doesn't really change the status quo for people like Reprolabels. As was pointed out, Hasbro could go after them now with the same results.

2) As usual, a government bill is way too wide reaching. This bill, while needed for certain reasons (ie. knock off meds, etc.), will also give way too much power to companies and not really require the government to get as involved in the process as it should.

3) The people I could see getting the shaft if this passes would be the online sellers like automaton, Ages three + up, etc. Companies will have no way of enforcing this new bill outside of Canada's border (unless foreign governments want to help), and so they will focus on who they can go after. That will end up being actual legal companies that traffic in items they feel infringe on their copyright.

Now will that affect the third party makers? Not so much, except in sales mostly. However it will definitely hurt Canadian online retailers. AGAIN, if Hasbro, or whoever, actually deem it worth their time to do so.