Switzerland has completed a major
government study on whether new measures are need to address online
copyright infringement. The study concludes
that no new legislative action is needed, citing the high costs and
negative effects of three strikes and you're out policies. It is
noteworthy that Switzerland participated in the Anti-Counterfeiting
Trade Agreement negotiations and has enacted digital lock rules that
link circumvention to copyright infringement.
Switzerland formally enacted legislation to ratify the WIPO Internet
treaties in 2008. Article 39a(4) includes a full exception for
circumvention of TPMs for legal purposes, providing "the prohibition of
circumvention can not be applied to People who are primarily
circumventing for the purpose of a legal use." This broad approach,
which effectively preserves all exceptions in the digital environment,
provides further evidence that linking circumvention to actual
copyright infringement meets the adequacy standard required in the WIPO
Internet treaties and is precisely the technical amendement that dozens
of groups in Canada are calling for in Bill C-11.
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Campus Stores Canada, the national trade association of institutionally
owned and operated campus stores, It has almost 100 member stores
nationwide and more than 80 vendor and supplier associates. The
organization appeared before the Bill C-32 committee and stated
the following on digital locks:
It is important to underline that
fair dealing and other educational gains are undermined with absolute
digital lock protections. By allowing circumvention of digital locks
for non-infringing reasons, legitimate research and uses are not unduly
hindered and creators' protection is maintained.
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