It isn’t very often I get a ’shout out’ email from another blogger.
To date, every one I’ve received has had merit.
This one sure does.
BlogsCanada is my favorite portal.
It is technically excellent, has great resources, and a hands on, personable owner.
It is a blog and portal that has deserved it’s meteoric rise.
So, when the Government of Canada decides to nose around and make noises, it’s time to let the feds know they need to back off and clean up their own back yard.
The Treasury Board of Canada, through a Department of Justice lawyer, has requested that BlogsCanada cease and desist the display of items they contend are covered by the Copyright Act.
Hello. Federal people.
Don’t you have a scandal to clean up before the election?
Cease and desist?
Didn’t your mothers tell you that you don’t ‘get blood from a stone?’
Hello. Federal people.
The ClueTrain Manifesto is available for your perusal online. Free. It’s worth the read.
What can we bloggers do against the weight of the Treasury Board and the Department of Justice?
We Canadian bloggers and readers can politely tell them to get back to real work.
We can show the Government the power of a link.
We can support BlogsCanada by leaving a comment.
Jim Elve is not an idiot. He designed his blog knowing copyright law.
He suspected the government would make some serious noise.
Quelle suprise!
In a press release which I am sending out today, I speculate that the Treasury Board may be singling out BlogsCanada for harassment in response to some of the scathing commentary regarding Adscam that we have published on the E-Group blog. I mention in the press release that the E-Group has been attracting quite a bit of traffic and that my referrer logs show a large number of visitors coming from Government of Canada (gc.ca) servers. While I hope that the cease and desist order is not an attempt at censorship, the timing is somewhat suspect.
ar arrr arrr.
The Department of Justice is going to have to hire some technical experts.
Reading BlogsCanada difference in design is a hoot.
So, what can we do to help?
BlogsCanada has been ordered to cease and desist.
Apart from the fact an 8 year old can spot the differences, the Canadian government has done this before, and federal employees with time on their hands can make the life of a blogger or site owner miserable. (in french and english)
Bloggers need to speak out.
The media can pay attention to the press release.
We can write the specific lawyer at the Department of Justice.
We can suggest the Treasury Board to get back to Ad-scam.
We can tell our government we don’t appreciate their petty targeting of a citizen running a portal that lists so many blogs.
I doubt the bureaucrats will listen.
Transparency tends to illude them.
(in french and english)
Not a problem.
We can write our MP and supply the links to the BlogsCanada post about this.
I’m not optimistic in the short term.
I suspect BlogsCanada will have a protracted back and forth, and perhaps a picky legal battle.
I hope a lot of words fly around the internet and into the right inboxes.
BlogsCanada gets the last word in on this post.
Published 4 years, 7 months agoI do not believe that I am infringing upon the GoC trademarks nor that I am violating the Copyright Act. I would also like to make it very clear that no images or code were copied from the GoC site in the creation of BlogsCanada. While site site may look a lot like the Government site, it was built entirely from scratch and, in some ways, is superior to the GoC’s site.
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Trademark law is a funny thing in that if you don’t protect it always, you can lose it when you need it. While no one will ever say that BlogsCanada is the Government of Canada, they need to challenge it in case of it being abused in the future. That’s how copyright works. To personalize it as payback seems really irresponsible with the facts.
I think Jim has a really good heart but the fact that recreated graphics and code that were designed to look like the Government of Canada logos and look and feel doesn’t change the fact that he is violating copyright. Much of his argument says he never stole code but he isn’t being accused of that.
There is an argument in that it may be considered parody which is allowed but to say that recreating or even nuance copy protected material isn’t wrong, is wrong.
To say that this is connected to Ad-Scam blurs the fact that it was a ripped off design. The design might not be that great but it was ripped off. That makes it wrong when it happens to me (and it has) and is wrong when it happens to the Government of Canada.
I like the site but smart people with good intentions have stolen my designs as well and that doesn’t make it right.
Jordon:
I agree it probably isn’t connected to the political blog, and no code stealing is a partial argument, but I just got my computer back and I have no idea whats been posted lately. It would be interesting to know who has been visiting.
I’ve never mistaken it for a government design or a government site. That’s like saying the Royal Canadian Air Farce is the former RCAF.
Having seen the government protect it’s copyright before, and given Jim’s smarts, I suspect if it doesn’t go legal, there will be a few design changes with some good grumbling and verbal punches thrown along the way.
Did you know the Canadian people don’t own their flag? The government owns it. We don’t. So they can go after anyone they please. In the US, the people own their flag.
I dunno Jordon.
We’ll have to agree to disagree on this one.:^)
I’m really sorry you’ve had your things stolen, all I’ve had taken is my blog.
I didn’t pursue legal action, I just wouldn’t.
I acknowledge I was profoundly hurt.
The person that took it can’t/won’t admit wrongdoing.
So what? I’m a wimp because I won’t sue or legally protect my work? Doubt it.
He took, I’m not into payback. He answers to a higher authority in my case.
I’m not a lawyer and I know they have to argue law and it’s all quite black and white. No doubt some lawyers will step up on this issue for BlogsCanada.
But I just can’t side with copyright, trademark, any law and the government on this one.
I don’t think BlogsCanada has stolen or abused or violated anything.
Trademark violation etc isn’t making sense to me here, and hasn’t before with this particular issue.
Whoever has the best argument may not win.
“Did you know the Canadian people don’t own their flag? The government owns it. We don’t.”
But who owns the government?
There is a tradmark law.
Our government tends to forget a lot who it serves.:^)
Here is a page that explains.
http://www.pch.gc.ca/progs/cpsc-ccsp/sc-cs/df14_e.cfm
BlogsCanada is not commercial which is one reason I object to the cease and desist.