Post Tagged with: "dmca"

Unlocking the Mysteries of Locked Cellphones

Appeared in the Toronto Star on September 3, 2007 as Unlocking the Mystery of Locked Phones From the moment of its debut, the Apple iPhone has attracted enormous attention. Its biggest impact may go beyond the consumer electronics market, however, as the iPhone has forced politicians and regulators to confront […]

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September 3, 2007 8 comments Columns Archive

Industry Committee Demands a Canadian DMCA

Just as parliamentarians voted to break for the summer, the Industry Committee (member list here) issued its report on counterfeiting and piracy, unambiguously titled Counterfeiting and Piracy are Theft.  The report and its recommendations are stunning as they represent the most lopsided copyright related report since Sam Bulte chaired the […]

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June 20, 2007 33 comments News

Will The Next Copyright Bill Pass Constitutional Scrutiny?

My colleague Jeremy deBeer has been the leading voice questioning whether anti-circumvention legislation – the legal protection for DRM that is often described as "para-copyright" – is constitutional, given that the potential rules arguably involve property rights (which falls under provincial jurisdiction) far more than traditional copyright (a federal matter).  […]

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May 24, 2007 4 comments News

YouTube Pulls Vimy Video

CTV's David Akin reports that YouTube has pulled a 30 second video he shot himself at the Canadian National Vimy Memorial.

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April 30, 2007 2 comments News

Telus Claims Unlocking Cell Phones Constitutes Copyright Infringement

Several readers have pointed to a new CBC article on locked cellphones that includes the following comment from a Telus executive:

"In our world, we don't honour unlocked handsets," said Chris Langdon, Telus vice-president of Network Services. "Unlocking a cellphone is copyright infringement. When you buy a handset from a carrier, it has programming on the phone. It's a copyright of the manufacturer."

The issue of locked vs. unlocked cellphones is an important one, particularly in light of the recent introduction of wireless number portability (which theoretically facilitates consumer movement between providers) and the possible introduction of anti-circumvention legislation that could indeed render unlocking a cellphone a matter of copyright infringement.  At the moment, I think the Telus position is simply wrong.  Leaving aside the fact that many cellphones are available unlocked (or unlocked by the carrier after the initial contract expires), I am not aware of anyone who has argued that conventional copyright law would prohibit unlocking a cellphone and Canada does not [yet] have anti-circumvention legislation. 

In the U.S. there was concern that unlocking a cellphone would violate the DMCA by constituting a circumvention of technological protection measure.  

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April 18, 2007 18 comments News