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Opposition to copyright bill seems to have blindsided Prentice by Deirdre McMurdy

Dec 12, 2007

Source : Ottawa Citizen

The game of politics has many rules. But probably one of the most important of all is this: never surprise or embarrass the boss.

And yet, it would seem that that's exactly what's happened at Industry Canada over the contentious copyright reform file.

Whatever the reasons or the context, Industry Minister Jim Prentice was, by many accounts, blindsided by the breadth and ferocity of opposition to the legislation he was expected to deliver before Parliament breaks for Christmas at week's end.

As a result, he has taken direct control of the copyright issue, ordering the proposed bill to be materially revised. It's now not expected to appear again until January.

It is unlikely that the industry minister is very happy about his exposure on this front, although his response reflects a characteristic willingness to listen -- this time around to the vocal groups who deplore any rules that might impinge on the free exchange of intellectual property.

In particular, it's probable that -- however accurate -- the repeated suggestion that the Conservative government may be a little too willing to succumb to pressure from the U.S. entertainment lobby and the U.S. government in shaping Canadian copyright policy, rankled as well.

The emergence of alternative copyright templates -- such as Israel's new copyright law -- has only heightened that sensitivity.

The problem with this delay, however, is that a precedent has now been set.

If the minister was sufficiently moved by online petitions and a rally at his riding office over the past weekend to delay and revise the legislation, it's inevitable that those who favour a far more muscular copyright and intellectual property policy are now planning to turn up the heat on their aggressive lobbying efforts even more.

Furthermore, the perceived victory among the cyber-rebels who have relentlessly attacked several of the principles that were expected to be included in the government's new policy, have also been encouraged to step up their efforts as well.

On his popular blog, for example, University of Ottawa professor Michael Geist has urged supporters of minimal regulation to continue pushing hard for a "balanced" policy. (His effective leadership on this issue has led to many snippy remarks in some circles about who really runs Canada's copyright policy.)

The insistent call for a broad-based public consultation on copyright issues is also likely to get louder as a result of the delay.

And then there's the whole issue of spin on the last-minute decision to put the legislation on ice. Although paranoia about exposing a cabinet minister to a situation for which there's no official script is deeply ingrained in public servants, it appears to have eluded their grasp this time.

Not surprisingly, the dysfunctional relationship between Industry and Heritage -- which share the copyright file -- is now being cited as a key part of the problem on copyright. That's an impression that the tendency for mutual finger-pointing has only reinforced.

In a speech on Nov. 6, Heritage Minister Josée Verner came remarkably close to candour on the subject of the rift between the two departments when she called for "better coordination between Industry Canada, Canadian Heritage and the CRTC."

Nevertheless, despite a portfolio that's exceptionally heavy on Big Issues such as wireless spectrum auctions, a manufacturing sector crisis, foreign ownership rules, competitiveness, productivity and a review of the service sector, it's clear that Mr. Prentice is the lead minister on copyright.

All of which leads to another immutable rule of politics: when the boss is surprised or embarrassed, someone often has to pay with their head.

And in Industry, as everywhere, the bigger the surprise, the bigger the head.

© Ottawa Citizen