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Canadian Lawyers on C-32: Fix the Digital Lock Rules

The National Post runs a feature on the legal profession’s views on Bill C-32.  Several lawyers are quoted expressing concern with the digital lock rules.  The article concludes “ultimately, most lawyers suggest that the fair dealing definitions and exceptions should be broadened and consumers should have the right to break digital locks for personal use.”

9 Comments


  1. “Digital locks” are BS. Either they are effective and thus don’t need a law to “protect” them. Or they aren’t effective at which point we should question what they really are. (Hint: an useless but patented mechanism that all the device manufacturers need to license and incorporate in their products).

    Nap.

  2. Canadians are too nice. We should be arguing that it should be illegal to lock content in such a way that it impedes fair dealing. And then the publishers would be begging for the “right to break locks” as a compromise.


  3. @Jesse: “it should be illegal to lock content in such a way that it impedes fair dealing.”

    That’s exactly what Brazil thought and their copyright law reflects that.

    Nap.

  4. Brian Gray says:

    National Post article
    I am one of the lawyers referenced in this article. I regret to say that at least from my end, the reporter misunderstood my comments. I do not think that most lawyers oppose digital locks. I have no idea what most lawyers think on the matter. What I did say to her was that this was an issue which was contentious for some people. I personally do not oppose digital locks, which I believe are necessary to protect content.
    Unfortunately that clearly did not come out in the article.
    Brian Gray


  5. @Brian: “I personally do not oppose digital locks, which I believe are necessary to protect content. ”

    The debate was about protecting the locks within the law, not about the existence of the locks.

    If your car’s anti-theft system is ineffective, would a law protecting said system prevent your car from getting stolen?

    If the car system is effective, would said law make any difference?

    Nap.


  6. …And, if we bring into discussion the “fair uses” provisions, what would be your opinion on a “law protected” ineffective anti-theft system that cannot prevent your car from being stolen, but would make it illegal for the mechanics to service your car?

    Nap.

  7. @Brian, thanks for participating. It’s good to hear from the originator’s of comments we see in these articles.

    I think the quote attributed to LuAnne Morrow encapsulates the controversy:

    “The way it is set out in the Act, the rights are given then essentially taken away,” … “So you have all these rights but you can’t exercise them”.

    Leaving aside Napalm’s comment about technical viability, would you agree with LuAnne? Is the law, as it is phrased, internally consistent?

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