The British Academy has announced that it will be releasing a new study on Monday that finds that copyright law is impeding, rather than stimulating, the production of new ideas and new scholarship in the humanities and social sciences.
Latest Posts
Weatherall on the Australian TPM Provisions
Kim Weatherall has started a series of posts on the impact of proposed Australian anti-circumvention legislation. She starts with consumers, who unsurprisingly will be worse off under the new law.
30 Days of DRM – Day 27: Government Works (DRM Policy)
Government use of DRM represents a particularly difficult issue. Some argue that government should never use DRM systems (thereby eliminating the need for a circumvention right), maintaining that it runs counter other government priorities such as openness and accountability. Even governments themselves have acknowledged the problems associated with DRM. Last week, New Zealand issued guidelines on government use of DRM and trusted computing systems featuring a lengthy list of precautions and safeguards. They included requirements of minimal restrictions on content, assurances of future accessibility, full respect for privacy rights, retention of government control over a DRM-free version, and full access for all parties entitled to obtain the public information.
The Canadian government response to the DRM must address several issues.
The Missing Sony Exhibit
The Canadian Sony rootkit class action settlement heads to court next week amid mounting questions about the deal. The EFF calls attention to a number of missing provisions, including no security reviews and no ongoing obligations to provide uninstallers for the rootkit. There is also a financial hit in Canada, with Canadian consumers receiving roughly ten percent less than U.S. consumers due to currency differences.
By far the biggest difference, however, is that the U.S. agreement is subject to injunctive relief linked to actions brought by several U.S. agencies and attorneys general. The Canadian agreement, by contrast does not include such relief. The justification for this difference is contained in Exhibit C, the only key settlement document that Sony has not provided to the public.
I have now obtained a copy of Exhibit C, which is an affidavit from Christine J. Prudham, Vice President, Legal and Business Affairs of Sony BMG Canada (Prudham is the same person who appeared today at the Copyright Board discussing how Sony BMG Canada released just 16 new Canadian records last year). The affidavit seeks to explain why Sony BMG Canada believes it is appropriate to grant Canadian consumers fewer rights than their U.S. counterparts. While there is the suggestion that Canadians would benefit indirectly from a U.S. injunction, the heart of the argument revolves around a series of copyright-related arguments that are utterly without merit.
EFF on the Sony Settlement
There is a storm brewing regarding the Sony rootkit settlement in Canada. EFF places the spotlight on several shortcomings along with the mysterious missing Exhibit C.
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The Law Bytes Podcast, Episode 199: Boris Bytensky on the Criminal Code Reforms in the Online Harms Act 
AI Spending is Not an AI Strategy: Why the Government’s Artificial Intelligence Plan Avoids the Hard Governance Questions 
The Law Bytes Podcast, Episode 198: Richard Moon on the Return of the Section 13 Hate Speech Provision in the Online Harms Act 
Tweets Are Not Enough: Why Combatting Relentless Antisemitism in Canada Requires Real Leadership and Action 
The Law Bytes Podcast, Episode 197: Divest, Ban or Regulate? – Anupam Chander on the Global Fight Over TikTok
