Archive for September 16th, 2006

Belgian Court Rules Against Google News

A Belgian court last week ruled against Google in a case involving the copyright issues associated with Google News. I haven't seen any news coverage of the ruling, which cited both copyright and the EU database directive, but a copy of the decision has been posted on the Chilling Effects […]

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September 16, 2006 Comments are Disabled Must Reads

30 Days of DRM – Day 29: No Ban on Circumvention Devices (Foundational Issue)

Over the past 28 days, this series has addressed circumvention issues both big and small.  I have saved the two most important issues for the end since I believe that without addressing these two issues, many of the other recommendations are rendered ineffective.

The first issue is that Canada must not establish a ban or prohibition on devices that can be used to circumvent DRM.  Bill C-60 did not contain a provision prohibiting circumvention devices and that approach should be retained in any future legislation.

The DMCA features just such a ban. Section 1201(a)(2) provides that:

No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that –

(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.

The DeCSS case demonstrated the breadth of this approach when merely linking to a devices (devices really refers to software that is able to crack a DRM system) was ruled sufficient to violate the statute.

The past 28 days have illustrated that there are numerous legitimate uses for all circumvention devices.

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September 16, 2006 3 comments News