Viacom demands that YouTube take down 100,000 clips that it claims constitute copyright infringement and YouTube responds that it will comply with the request. While some are asking how YouTube can remove so many clips so quickly, a better question is how Viacom can identify that many clips with sufficient […]
Post Tagged with: "dmca"
Time To Cast A Vote Against E-Voting
Appeared in the Toronto Star on October 23, 2006 as Vote Against Online Voting Communities across Ontario head to the polls next month in municipal elections that determine mayors, city councilors, school trusties, and a host of other local government positions. If history is any guide, turnout will be very […]
30 Days of DRM – Day 29: No Ban on Circumvention Devices (Foundational Issue)
Over the past 28 days, this series has addressed circumvention issues both big and small. I have saved the two most important issues for the end since I believe that without addressing these two issues, many of the other recommendations are rendered ineffective.
The first issue is that Canada must not establish a ban or prohibition on devices that can be used to circumvent DRM. Bill C-60 did not contain a provision prohibiting circumvention devices and that approach should be retained in any future legislation.
The DMCA features just such a ban. Section 1201(a)(2) provides that:
No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that –
(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.
(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.
The DeCSS case demonstrated the breadth of this approach when merely linking to a devices (devices really refers to software that is able to crack a DRM system) was ruled sufficient to violate the statute.
The past 28 days have illustrated that there are numerous legitimate uses for all circumvention devices.
30 Days of DRM – Day 28: Review of New Circumvention Rights (Circumvention Rights)
The U.S. DMCA experience leaves little doubt that the introduction of anti-circumvention legislation will create some unintended consequences. No matter how long the list of circumvention rights and other precautionary measures, it is impossible to identify all future concerns associated with anti-circumvention legislation. The U.S. DMCA addresses this by establishing a flawed tri-annual review process. The system has not worked well, creating a formidable barrier to new exceptions and long delays to address emerging concerns.
If Canada establishes anti-circumvention legislation, it must also establish an impartial process that will enable concerned parties to raise potential new circumvention rights without excessive delay. The process must be fast, cheap, and easily accessible to all Canadians. It will require clear criteria for the introduction of new circumvention rights along with an administrative structure to conduct the reviews.
More Unintended Consequences
The EFF has updated its report on the "unintended consequences" of the DMCA, citing numerous examples of the law's chilling effect on speech and innovation. With seven years of experience, when does unintended become intended?
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