Archive for August, 2006

Tough Choice for CRTC in Hate Blocking Case

Appeared in the Toronto Star on August 28, 2006 as Content Blocking a Can of Worms    More than a decade ago, John Gilmore, one of the founders of the Electronic Frontier Foundation, coined the phrase "the Internet interprets censorship as damage and routes around it." Last week, the Canadian […]

Read more ›

August 28, 2006 5 comments Columns Archive

30 Days of DRM – Day 09: Reverse Engineering (Circumvention Rights)

The inclusion of a reverse engineering circumvention right is another obvious necessary provision.  Reverse engineering is described by the Chilling Effects site as follows:

Reverse engineering is the scientific method of taking something apart in order to figure out how it works. Reverse engineering has been used by innovators to determine a product's structure in order to develop competing or interoperable products. Reverse engineering is also an invaluable teaching tool used by researchers, academics and students in many disciplines, who reverse engineer technology to discover, and learn from, its structure and design.

The need for a reverse engineering provision therefore follows from some of the discussion last week – it is pro-competitive as it facilitates the creation of compatible devices as well as greater competition in the marketplace. 
While there may be general agreement on the need for a reverse engineering provision, it is essential that Canada avoid the U.S. DMCA approach which has been widely criticized for being too limited in scope and thus woefully ineffective.

Read more ›

August 27, 2006 6 comments News

EU Pushes Forward with Digitization Program

Peter Suber reports that the EU has taken another step forward with its ambitious digitization program.  Where is a much-needed Canadian strategy backed by government support?

Read more ›

August 27, 2006 1 comment Must Reads

30 Days of DRM – Day 08: Privacy (Circumvention Rights)

Today's post kicks off the heart of the 30 Days of DRM series – circumvention rights.  Circumvention rights are necessary since everyone agrees that an absolute anti-circumvention provision (ie. circumvention prohibited in all circumstances) is unworkable.  There are instances where such a prohibition would result in significant costs by precluding beneficial activities, creating "unintended consequences", and lead to significant harm to the public.  Indeed, the DMCA itself includes several narrow exceptions to the general anti-circumvention rule.

The approach in Bill C-60 was to limit (the government believed eliminate) the need for circumvention rights by creating a direct link between circumvention and copyright.  Bill C-60 only made it an offence to circumvent a technological measure for the purposes of copyright infringement.  In other words, if you had another purpose – for example, protecting your personal privacy – the anti-circumvention provision would not be triggered. 

If the new copyright bill adopts a U.S. style approach, then a crucial part of the discussion will be whether the government has identified all the necessary rights to limit the harms associated with anti-circumvention legislation.  While these rights might be characterized by some as exceptions, I think they are more appropriately viewed as circumvention rights, analogous to the Supreme Court of Canada's emphasis on user rights.

Privacy protection is an obvious example of a circumvention right.

Read more ›

August 26, 2006 1 comment News

Terry McBride Profiled

Wired offers an interesting look at Terry McBride, the founder of Nettwerk and Canada's most forward-looking record executive.

Read more ›

August 26, 2006 Comments are Disabled Must Reads