US continues to export freedom: Pressures Canada in piracy (We're #1!)

[Ecofarm]

Yes, that's all it says. Basically, it says "grab all the crap you can, and keep it forever... randomly".


Wow, I didn't think you could be this dull. You must be trolling.


Do you think that every search and seizure in Canada comes with a court order? And any seizure without one is illegal?

[giblets]

You're the idiot who's trying to apply US legal terms to Canada.

[notyoueither]

You guys are way down the rabbit hole.

http://www.canada.com/nationalpost/financialpost/story.html?id=8b8268af-2919-4f69-ba6c-5b9c5944c877&k=40125

Counterfeit laws too lax in Canada
Counterfeit goods can legally enter Canada if they are declared due to a loophole in the country's laws.

By National Post May 6, 2006

Counterfeit goods can legally enter Canada if they are declared due to a loophole in the country's laws.

This has upset trading partners because Canada has the most lax laws in the developed world when it comes to protecting consumers and markets from bogus goods.

"Customs officials in Canada have no power to proactively inspect goods to see if they're counterfeit," said Toronto lawyer Jim Holloway in a telephone interview this week. He's with Baker & Mackenzie LLP.

"There are only two situations where Customs will act: if the brand owner gets a prior court order; or if the police authorize the action," he said.

Laws in Europe and the United States are different and are better at protecting companies from counterfeiters and consumers from the effects of often-dangerous fake goods.

In the European Union and United States, trademark owners are allowed to register their trademarks with border officials. Their laws authorize customs officers to inspect goods with those trademarks to see if they are counterfeit.

"Brand owners train customs officials as to what to look for," said Mr. Holloway.

Here Customs officials are only empowered to proactively look for hidden or undeclared goods. Declared counterfeits cannot be seized if declared for customs purposes.

The issue is important and more than just a case of spending money to catch fake Gucci, Prada or Ralph Lauren fashions. It's also about more than placating angry U.S. authorities, also upset with Canada's "broken borders" when it comes to the smuggling of illegal aliens, narcotics or potential terrorists.

This is an important issue for Canadian businesses. Those selling legitimate goods face unfair competition from those selling marked-down fakes. There's also the issue of public health and safety.

Recent seizures in Canada include expired baby food with counterfeit best-before dates attached, counterfeited brand-name batteries containing elevated levels of dangerous chemicals, children's stuffed toys filled with hair and fibreglass, and safety boots with inadequate protection and fake safety logos.

RCMP officials have waded into the issue amid evidence that non-existent controls on counterfeit smugglers have attracted organized crime groups, who are reaping windfalls. One estimate of this black market in Canada is as much as $30-billion a year.

This weekend, RCMP, other law enforcement, customs, business and trade experts are gathering in Toronto to launch the Canadian Anti-Counterfeiting Network to bring attention to this issue.

"We hope the new government has a real good look at this because of growing international pressure to get its laws and enforcement regime in line," said Mr. Holloway.

The issue has gotten the attention of global watchdog, the International Anti-Counterfeiting Coalition, which is comprised of the world's largest brand-name companies. The Coalition has recommended that Washington's Trade Representative put Canada on its list of "priority foreign countries" such as China, Argentina and Mexico.

"This is not a victimless crime," said Mr. Holloway. "There are concerns about certain Internet drugs as a way of distributing by criminals counterfeit products into the U.S. market. This means people may be paying for placebos they think are helping them. This can cost lives."

The Washington-based International Coalition is comprised of pharmaceutical companies, computer and software organizations and luxury goods manufacturers who have substantial global counterfeit problems.

Another group that's waded into the issue is the International Chamber of Commerce, which estimates that 7% of global trade involves counterfeit goods, or US$250-billion a year.

"It's unique that these groups want to shine the light on Canada," he added. "It's not because we are a hotbed of counterfeit manufacturing like Eastern Europe or China. There is some manufacturing here such as DVDs or fake drugs. But the problem in Canada is that, relatively speaking, we have some of the weakest anti-counterfeiting laws in the developed world. Frankly, our borders are porous."

Senior RCMP officials joined the private-sector coalition in calling upon the government in Ottawa to legislatively give authority to Canada Border Service Agency officials to search and seize counterfeit products. They also want laws that hand out tougher sentences and stiffer fines for guilty parties. The companies want to be able to register their trademarks with customs officers as is the case in other countries.

"The reality is we tend not to see jail time. It is the exception rather than the rule," RCMP Superintendent Ken Hansen told the Post this week.

This is about a lot more than pirated movies on laptops.

[Ecofarm]

You're the idiot who's trying to apply US legal terms to Canada.

So, you think in Canada cops just "do what they want" as a matter of law?

You don't think Canada requires probable cause or reasonable suspicion for a search and seizure?






You're REALLY being a moron.

[giblets]

So, you think in Canada cops just "do what they want" as a matter of law?

You don't think Canada requires probable cause or reasonable suspicion for a search and seizure?

Idiot... the whole point of this thread is that "authority to seize suspected infringing materials" could mean the official can take your laptop because he decided it might have a pirated movie. I accepted Asher's interpretation and instead of addressing the issue you started making up crap... now that you've been shown to be a fascist ****** you decided to backtrack and pretend you were arguing in favor of seizure on the basis of probable cause all along.

[Ecofarm]

You're the only idiot who thought this law eliminates all rules for seizures.


I guarantee that thousands of seizures occur in Canada every day without court orders. If a cop catches you with a machinegun, he does not call a judge for a court order before seizing it.

[notyoueither]

Border agents can search for pretty well any reason or none at all, IIRC.

The point is that they can't do anything about it when they find counterfeit/pirated goods.

[giblets]

You're the only idiot who thought this law eliminates all rules for seizures.

There is no law. There is a statement by the US government. And an ambiguous statement at that.

[Ecofarm]

Fine.

You're the only idiot who thought this statement eliminates all rules for seizures.



But don't feel bad. It seems some bigger idiots thought it means they keep stuff without a trial... Entirely eliminating the justice system all together.

Yes, the US has requested that Canada eliminate its justice system entirely and just do what we say.

[giblets]

The OP thought it could mean that an official can take your laptop because he decided it could have a pirated movie. Maybe you should have raised that objected to that interpretation in the first page instead of going on some retarded tangent about "strawmen"

[Asher]

dp

[Ecofarm]

But it is a strawman. Noone's laptop has or ever will be seized for a couple movies.

Unless he can prove it has ever happened, on the US side (where such non-court ordered seizures already occur) or on the Canadian side via court order, then it's nothing more than his imagination based upon a cursory perusal of the statement.



He read a paragraph, that he probably doesn't really understand, and decided the sky is falling. Gratz.

[Asher]

You guys are way down the rabbit hole.

http://www.canada.com/nationalpost/financialpost/story.html?id=8b8268af-2919-4f69-ba6c-5b9c5944c877&k=40125

Counterfeit laws too lax in Canada

I, for one, am completely shocked that the National Post is so far up the Americans' asses it's not even funny.

The content of the article is COPYRIGHT INFRINGEMENT. Your article is not only off-topic, it's hilariously terrible.

[giblets]

But it is a strawman. Noone's laptop has or ever will be seized for a couple movies. Unless he can prove it has ever happened on the US side (where such non-court ordered seizures already occur), then it's nothing more than his imagination.

It was a valid interpretation of the words in the statement. You should have argued in favor of a different interpretation, but you didn't because you are incapable of wading into a thread without cutting its IQ in half.

[Ecofarm]

No, it is not a valid interpretation. It's a strawman, invented by him (and bearing no evidence whatsoever) to demonize the US.