Post Tagged with: "digital locks"

Locking Out Lawful Users

Osgoode Hall Law School professor Carys Craig has a great post at the IP Osgoode site on her article in From â€œRadical Extremismâ€ to â€œBalanced Copyrightâ€: Canadian Copyright and the Digital Agenda, the copyright book from Irwin Law that officially launches tomorrow. Craig’s article focuses on two key aspects of Bill C-32: the fair dealing reforms and the impact of the digital lock provisions. On fair dealing, Craig brings much-needed perspective to the fair dealing reform, which has been the target of an ongoing fear mongering campaign that implausibly and inaccurately claims that it will erode Canadian culture. Rather, Craig notes:

Educational, parodic and other transformative uses have long been recognized as potential fair uses in the United States. Indeed, the need to expressly include these specific exceptions in Canada speaks more to the shortcomings of the Canadian approach to fair dealing (in contrast to US fair use) than it does to the pursuit of a genuine balance between owners and users in the copyright reform process.

Craig reserves her harshest criticism for C-32’s digital lock provisions, which she describes as “unduly expansive,” concluding:

October 13, 2010 — 30 comments — News

Bill C-32: My Perspective on the Key Issues

With the House of Commons back in session this week, there has been growing speculation that Bill C-32, the copyright reform bill, will emerge as a government priority. Given the rhetoric we’ve seen over the past three months, it seems likely that proponents of the digital lock approach will seek to paint critics as anti-copyright, pirates, and radical extremists. While the rhetoric may seek to delegitimize consumers and many Canadians vocal on the copyright issue, the reality is that many consumer and education groups have been far more supportive of the bill than proponents such as the music industry.

With the caveat that I can only speak for myself, the following post covers the most contentious aspects of Bill C-32 by aggregating some of my posts and comments. When the bill was first introduced, my immediate response was that the government did a good job compromising on some very contentious issues (ISP liability, fair dealing, consumer provisions, statutory damages) but that the digital lock approach represented a huge flaw that undermined many of the positive steps forward. This remains my view – if we can find a compromise on digital locks, I think this is a bill worth supporting. The following five issues are likely to be the among most contentious in the upcoming hearings:

September 21, 2010 — 46 comments — News

How Canada’s New Copyright Law Threatens to Make Culture Criminals of Us All

This Magazine looks at Bill C-32 and comes out warning against the digital lock provisions in the bill.

September 20, 2010 — 2 comments — News

U.S. Move to Pick Digital Locks Leaves Canadians Locked Out

My weekly technology law column (Toronto Star version, homepage version) picks up on last week’s DMCA exemption decision with a contrast to Bill C-32. I note that since its introduction two months ago, the government’s copyright reform package has generated widespread debate over whether it strikes the right balance. The digital lock provisions have been the most contentious aspect of the bill, with critics fearing that anytime a digital lock is used, it would trump virtually all other rights.

Supporters of the C-32 digital lock approach have sought to counter the criticism by arguing that the Canadian provisions simply mirror those found in other countries such as the United States. Yet last week, the U.S. introduced changes to its digital lock rules that leave Canada with one of the most restrictive approaches in the world.

August 3, 2010 — 58 comments — Columns

Copyright Bill Disturbs Rights Balance Between Creators and Users

Jenna Wilson and Sangeetha Punniyamoorthy, IP lawyers with Dimock Stratton LLP in Toronto, argue in the Lawyers Weekly that “Anti-circumvention provisions could be implemented in the Copyright Act without significantly disturbing the balance between users and creators in the way Bill C-32 does.”

August 3, 2010 — 1 comment — News