This Website
CP Set-off Siding
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The image on the Home Page for this website displays Canadian Pacific's 4-6-4 Hudson steam locomotive number 2816 with A unit 1401, the stage car from the Holiday Train, plus the heritage fleet of passenger and business cars passing Malakwa enroute to Vancouver. Malakwa is the native's name for mosquito, and this area certainly lives up to that name!

Initial publication to the World Wide Web (www) first began way back in 1995 with railway stories and articles from the precursor to many railway related websites, the Canadian Pacific Victoria Subdivision also known as the Canadian Pacific Railway Database or more commonly named the cprDb Image .

It eventually evolved into the Cordova Bay Station Image website which went online for the first time in August of 2000.

A unique story appeared on Cordova Bay Station each month for eleven years with only one exception. Over time the name was shortened to Cordova Station but the content remained pretty much the same until a conceptual change occurred with the birth of the Canadian Pacific Set-off Siding website.

Canadian Pacific Set-off Siding was a subset of Cordova Station containing only CP material gathered or created during assembly and publication of Cordova Station.

In late June 2010 Cordova Station had become so popular that readers accessing the web site exceeded the bandwidth permitted by the internet hosting company. This resulted in a payment request from the host that would double the hosting fee. Since the two web sites did not generate any income to offset their operation an increase in expenses was just not acceptable.

The solution to continued operation resulted in the creation of a new website named "OKthePK" at a hosting company providing unlimited bandwidth and storage for a reasonable fee.

OKthePK is updated seven days a week with Canadian railway news. News or articles relating to Canadian Pacific are archived in the Canadian Pacific Set-off Siding website as was done in the past with Cordova Station.

OKthePK Mobile Canadian Railway News for smart phones commenced publishing on 12 Mar 2011 along with a re-design of the website. After nearly 2 years, on 4 Feb 2013, railway news for smart phones was discontinued then re-commenced on 27 Oct 2013 utilizing CSS (Cascading Style Sheets), only to be abandoned again. A major upgrade to OKthePK in early 2020 made it viewable on devices with screens of 640 pixels to 1920 pixels so separate smart phone pages were no longer required.

Today, the Canadian Pacific Set-off Siding has been PARTIALLY updated to also appear on various screen sizes. The website still contains older files which may not display correctly on all screens. (There is still some HTML 3.2 code kicking around.) As much as I would like to have all the pages comply, the amount of work required to do so is insurmountable at this time.

Each time you use this website you acknowledge and agree to be bound by the terms of this web site. The Canadian Pacific Set-off Siding, OKthePK, and their service or content providers, do not accept any liability for your use of the website. You use it at your own risk. The web site is provided free on an "as is" and "as available" basis, without any representation, warranties, or conditions of any kind. While every attempt is made to publish accurate data this web site is not responsible for any errors or omissions in its content.

In the United States of America

"Fair Use" is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holder. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work.

In Canada

The Canadian concept of "Fair use" is known as "fair dealing" and is similar to that in the UK and Australia. The fair dealing clauses (10) of the Canadian Copyright Act allow users to engage in certain activities relating to research, private study, education, parody, satire, criticism, review, or news reporting. With respect to criticism, review, and news reporting, the user must mention the source of the material, along with the name of the author, performer, maker, or broadcaster for the dealing to be fair.

Prior to 2011, fair dealing in Canada was not definitely found to contain exceptions for parody (unlike fair use in the United States), but the Copyright Act has since been amended to include parody and satire (along with educational use) under its fair dealing provisions.

In considering fair dealing the Supreme Court of Canada makes the following general observation:

It is important to clarify some general considerations about exceptions to copyright infringement. Procedurally, a defendant is required to prove that his or her dealing with a work has been fair, however, the fair dealing exception is perhaps more properly understood as an integral part of the Copyright Act than simply a defence. Any act falling within the fair dealing exception will not be an infringement of copyright. The fair dealing exception, like other exceptions in the Copyright Act, is a user's right. In order to maintain the proper balance between the rights of a copyright owner and users' interests, it must not be interpreted restrictively. Furthermore, by taking "a liberal approach to the enumerated purposes of the dealing", the Court has made fair dealing more flexible, reducing the gap between this provision and United States fair use.

One Supreme Court criteria regards the purpose of the Dealing. Is it for research, private study, criticism, review, or news reporting (or additionally since 2011, education, parody, or satire)? It expresses that "these allowable purposes should not be given a restrictive interpretation or this could result in the undue restriction of users' rights."

On 2 Jun 2010, the Government of Canada introduced Bill C-32, An Act to amend the Copyright Act. A summary of the changes proposed by this bill in terms of fair dealing notes that C-32 "expands the scope of the fair dealing exception at section 29 of the Act to include new purposes:  education, parody, or satire". The stated aims of the revised bill were also to "permit businesses, educators, and libraries to make greater use of copyright material in digital form". Bill C-32 had not passed by the time the minority Conservative government faced a vote of no-confidence and subsequently fell on 25 Mar 2011.

On 29 Sep 2011, the bill was re-introduced to the Forty-first Parliament as Bill C-11. With the backing of a majority Conservative government, this version of the Copyright Modernization Act has passed into law. Simply put, the fair dealing amendment in Section 29 of Bill C-11 expands the first criteria for evaluating fair dealing, the Purpose of the Dealing, to include education, and parody, or satire.

The Canadian Pacific Set-off Siding and OKthePK are non-profit, non-commercial, hobby websites designed to inform and educate rail fans. They use photographs selected from the internet for inclusion in news articles where appropriate. In most cases, determining who, where, or how to contact a photographer is just not possible. When possible the identify of a photographer is included in the caption line beneath each photo.

If you believe that content located here infringes your copyright, you must contact this website in writing beginning with a title containing the words "Infringement Notification". The contents of your "Infringement Notification" must contain the information shown below:

You may be held liable if you make material misrepresentations in an Infringement Notification. Thus, if you are not sure content here infringes your copyright, you should first contact an attorney.

All Infringement Notifications must include the following:

  • The physical signature of the copyright owner or the person authorized to act on the copyright owner's behalf;
     
  • Identification of the copyright claimed to have been infringed;
     
  • A description of the nature and location on the website of the content that you claim to infringe your copyright in sufficient detail to permit location and positive identify of that content;
     
  • Your full name, address, telephone number, and email address;
     
  • A statement by you, that you believe in good faith, that the use of the content that you claim infringes your copyright is not authorized by the copyright owner, or such owner's agent, and, under penalty of perjury, that all of the information contained in your Infringement Notification is accurate, and that you are either the copyright owner, or a person authorized to act on their behalf.

To obtain an address for writing to this website please use the Telegraph Form Image for your first contact.

William Slim - Carknocker - "I love the smell of creosote in the morning".

 

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