The lobby group also said new limits to statutory damages that range from $100 - $5,000 for infringement carried out by a defendant for non-commercial purposes is not enough to provide a compelling deterrent to “large scale infringers.”
At least one free and open source software advocate said IIPA’s recommendations only aim to water down the “already weak fair dealing provisions” of Bill C-11.
“Bill C-11 already offer consumers far too little protection under its fair dealings provisions but IIPA wants to further weaken this aspect of the bill,” said Russell McOrmond, a systems administrator and software developer at Canadiana.org and policy coordination for CLUE (Canada’s Association for Free/Libre and Open Source Software).
He also said the damages cap is important because it protects Canadians against some of the more aggressive lawsuits seen in the U.S. where some music downloaders are fined enormous amounts of money. In one such case a woman from Minnesota was ordered to pay $1.92 million for downloading songs from free online sharing site Kazaa in 2007.
“The lobby group also wants to strengthen the position of corporations by seeking the remove the cap on statutory damages that companies can collect in copyright infringement cases,” McOrmond said. “By seeking a removal of the cap, the group is signaling that it is going after teenagers, mothers and grandmothers who are downloading songs piecemeal.”
Geist said the U.S. government is will follow the IIPA recommendation because it "often seems to operate as an extension of these lobby groups."
"But I see no impact on Canadian consumers and businesses," he said. "The watch list is simply a bullying tactic with no legal consequences."
Read the IIPA recommendation here