In one of several examples of how Bill C-61 takes a very short-sighted view of technology and the Internet, the new time shifting provision explicitly excludes Internet-based transmissions (unless communicated simultaneously via radio or television). With a growing number of Internet-only broadcasters, this time-shifting provision fails to keep pace with emerging forms of broadcasting. In fact, even conventional broadcasters are adopting a joint television - Internet approach with shows such as The Office offering up Internet-only "webisodes." Since the rationale is to permit temporary copies to be watched at a more convenient time, it makes little sense to permit one form of copying but not the other. The better approach would be a flexible fair dealing provision that would ensure that the legality of time shifting more easily adapts to a changing technological environment.
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