While Canada is still weeks or months from new legislation (hence the 30 Days of DRM project), Australia's Attorney General has just released draft anti-circumvention legislation. Australia faces different circumstances from Canada since its free trade agreement with the U.S. requires new laws by the end of the year. The […]
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30 Days of DRM – Day 17: Broken or Obsolete Technology (Circumvention Rights)
The inclusion of a right to circumvent in the event that the TPM breaks or becomes obsolete is relatively uncontroversial. The U.S. Registrar of Copyrights has included a specific exception for this situation since 2000 and the Australian Parliamentary Review Committee recommended the inclusion of such an exception this year. The exception reflects the recognition that the continual evolution of technology places the investment that consumers make in entertainment and software products at risk in the event that a TPM ceases to function or becomes obsolete. While products do not come with a guarantee to function forever, the law should not impair consumers who seek to circumvent techologies that are no longer supported and thus create a significant barrier to access to their own property.
The current DVD market provides a good illustration of the potential problem.
30 Days of DRM – Day 16: System Repair (Circumvention Rights)
With news this week of a Canadian settlement of the Sony rootkit case, it is worth revisiting the admonishment that case elicited from Stewart Baker, the U.S. Department of Homeland Security’s assistant secretary of policy. As noted earlier this series, Baker reminded the recording industry that "it's very important to […]
Alberta Man Sentenced to Jail for Hate Site
In what is being described as a groundbreaking case, an Alberta man has been sentenced to 16 months in jail for promoting hatred on his website.
30 Days of DRM – Day 15: Artistic Access (Circumvention Rights)
The copyright lobby frequently characterizes the use of DRM and anti-circumvention legislation as benefiting creators. Contrary to the rhetoric, however, a growing number of creators actively oppose DRM and the prospect of anti-circumvention legislation. The Canadian Music Creators Coalition justifiably generated enormous attention last spring when dozens of Canada's leading musicians came together to form a new coalition opposed to suing fans, using DRM, or establishing anti-circumvention legislation. The Appropriation Art coalition, launched soon afterward, may have less noteriety but they combine to form a powerful voice. Consisting of more than 600 artists, curators, directors, educators, writers, associations and organizations from the art sector, the coalition features artists that have collectively won dozens of major awards including eight Governor General Awards in Visual and Media Arts.
Despite these credentials, the group incredibly received little more than a form letter from Bev Oda, the Minister of Canadian Heritage. Perhaps that is because the Appropriation Arts coalition tells a much different story from the copyright lobby.
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