Post Tagged with: "anti-circumvention"

IT World Canada Launches C-61 Petition

ITWorldCanada has launched a new petition on C-61, focusing on anti-circumvention legislation. The petition adopts an approach that preserves permitted uses by calling for reform of the bill by amending the anti-circumvention provisions to read: "No person shall circumvent a technological measure within the meaning of paragraph (a) of the […]

July 28, 2008 — 1 comment — News

61 Reforms to C-61, Day 24: TPMs – No Exclusion of Non-Infringing Access

Bill C-61's anti-circumvention approach ranks among the broadest of any statute in the world. One area where it is particularly (over)broad is in its failure to exclude non-infringing access. Under the current bill, Section 41.1(1) simply states that "no person shall circumvent a technological measure within the meaning of paragraph (a) of the definition of 'technological measure'". Technological measure "means any effective technology, device or component that, in the ordinary course of its operation controls access to a work. . . "

By using such a broad approach – any circumvention of any effective access control – the statute prohibits the circumvention of TPMs that have absolutely nothing to do with infringing copying. The most obvious example of this comes from the region coding found on DVDs and many computer games. Many DVDs include Macrovision (designed to stop copying a DVD to VHS), Content Scramble System or CSS (the subject of important litigation involving DeCSS, a software program created to allow Linux users to play DVDs since they were otherwise unable to do so due to CSS), and region coding.

July 24, 2008 — 6 comments — News

61 Reforms to C-61, Day 21: TPMs – No Exception to Protect Minors

An exception that surprisingly is not included in Bill C-61's anti-circumvention provisions is an exception to protect minors. How does this arise in the context of copyright? One obvious example are parents who wish to stop their children from watching certain scenes in a movie. There are services such as […]

July 21, 2008 — 12 comments — News

61 Reforms to C-61, Day 16: TPMs – No Exception for Fair Dealing

Bill C-61's single biggest failure is the fact that it does not preserve fair dealing in the digital environment. When I posted my fair copyright principles earlier this year, the very first principle was that no MP would "introduce, support, or endorse any copyright bill that, either directly or indirectly, […]

July 14, 2008 — 3 comments — News

61 Reforms to C-61, Day 9: Music Shifting Subject To Anti-Circumvention Limitation

Having reviewed the format and time shifting provisions, I now turn to the music shifting provisions (Section 29.22). Industry Minister Jim Prentice has heavily promoted these provisions as he assures Canadians that they can now shift music from CDs to their iPods. The provision has faced significant criticism from all sides, however. The Canadian Private Copying Collective is livid at the change, arguing that it will "rob creators of their rights, denying them compensation for this use of their work." In what sounds a lot like consumer group complaints, the CPCC adds that they were not consulted on the issue and that an open consultation is needed.

From the consumer perspective, the provision does not go far enough. I think it is fair to say that most consumers believe that if they have paid for a song, they should have the right to listen to it on the device of their choice without further compensation (CRIA seemingly agrees). Such uses should be considered fair uses and the value of listening to a song on multiple devices can be built into the initial purchase price.

Yet the music shifting provision is subject to some significant limitations that undermine their fairness.

July 3, 2008 — 39 comments — News