Since the introduction of Bill C-32, I have consistently argued
that the digital lock provisions are far more restrictive than what is
required under the WIPO Internet treaties. Now two recent
developments
in the U.S. demonstrate that the Canadian proposal is also considerably
more
restrictive than what is found in the U.S.
First, a significant
new appellate court case from the 5th Circuit Court of Appeals has concluded
that the restrictions on circumventing an "access control" (ie. a
digital lock that restricts access to a work rather than a copy control
which restricts copying of a work) are far more limited than previously
thought. With language that bears a striking similarity to those
arguing circumvention should be permitted for lawful purposes, the U.S.
appeals court states:
Merely bypassing a technological
protection that restricts a user from viewing or using a work is
insufficient to trigger the DMCA’s anti-circumvention provision. The
DMCA prohibits only forms of access that would violate or impinge on
the protections that the Copyright Act otherwise affords copyright
owners.
In other words, the U.S. court has found that DMCA is limited to
guarding access controls only to the extent that circumvention would
violate the copyright rights of the copyright owner. This is very
similar to what many groups have been arguing for in the context of
Canadian legal reform.
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The British Library has released a new report
that includes a dozen short contributions reflecting on whether
copyright helps or hinders from a research perspective. The
contributions include several suggestions for extending the British
fair dealing provision.
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The CRTC has launched a new public
consultation
on basic access, including a YouTube video designed to generate broader
participation. The consultation, which is part of a broader
proceeding, includes five questions on telephone, wireless, and
Internet services. The deadline for submission is August 10, 2010.
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