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    The Legal Side of Gaming's Digital Revolution

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    Friday November 04, 2011
    Peter Nowak has a great interview with Maxime Gagne, a lawyer with Heenan Blaikie who represents video game developers. Asked specifically about an exception to the Bill C-11 digital lock rules for private use, Gagne states:

    I haven’t seen the exception but there could be ways that it’s crafted that wouldn’t necessarily make it pointless. It would allow private copying but still prevent the uses that are technically restricted to the author of the work, meaning distribution or public performance of the work. That would still be considered infringement. You could break the DRM and make a private copy but you can’t break the DRM and make 160 copies and sell it. It doesn’t render the provision pointless, it just makes clear that there are certain limited uses that you’ll be able to do.
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    The Daily Digital Lock Dissenter, Day 22: Association of Newfoundland and Labrador Archives

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    Thursday November 03, 2011
    The Association of Newfoundland and Labrador Archives represents archives, archivists, and individuals committed to the preservation of archival records in the province. It provided a submission in the national copyright consultation that included the following on digital lock rules:

    Prohibiting circumvention for legal purposes such as preservation activities by archivists to protect the documentary heritage of Canada is not acceptable to archivists. Archivists believe that circumvention of technological measures should only be prohibited when the circumvention is for the purpose of infringing copyright. Similarly, circumvention tools and services should be available for non-infringing uses.

    Previous Daily Digital Locks: Provincial Resource Centre for the Visually Impaired (PRCVI) BC, Canadian Consumer Initiative, Retail Council of Canada, Canadian Council of Archives, Canadian Teachers' Federation, Canadian Federation of Students, Canadian Civil Liberties Association, Documentary Organization of Canada, Canadian Library Association, Council of Ministers of Education Canada, Business Coalition for Balanced Copyright, Canadian Association of Research Libraries, Canadian Historical Association, Canadian National Institute for the Blind, Canadian Bookseller Association, Canadian Home and School Federation, Film Studies Association of Canada, Canadian Bar Association, Canadian Federation for the Humanities and Social Sciences, Appropriation Art, Privacy Commissioner of Canada
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    ACTRA Rep Says Mashups "Morally Wrong"

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    Thursday November 03, 2011
    ACTRA is in Ottawa this week for one of its regular lobbying efforts. Copyright will undoubtedly form part of the effort and will apparently include an unexpected issue. Leah Pinsent is fighting against the Bill C-11 mashup provision, which allows Canadians to create new works for non-commercial purposes with attribution. Pinsent argues that mashups are "morally wrong" and constitute a form of plagiarism. For a different perspective, see RIP: A Remix Manifesto, one of the most critically lauded films on remix and mashup, funded by the National Film Board and created by Montreal's Brett Gaylor. Alternatively, see the mashup created by Toronto's Josh Raskin, who was nominated for an Oscar in 2008 for his animated short film I Met The Walrus.
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    The Daily Digital Lock Dissenter, Day 21: Privacy Commissioner of Canada

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    Wednesday November 02, 2011
    The Privacy Commissioner of Canada has not spoken out on the recent copyright bills, but in 2008 she wrote a public letter to then-Industry Minister Jim Prentice expressing concern "about possible changes to the Act authorizing the use of technical mechanisms to prevent copyright infringement that could have a negative impact on the privacy rights of Canadians." The Stoddart letter, which came in the aftermath of the Sony rootkit case, stated:

    If DRM technologies only controlled copying and use of content, our Office would have few concerns. However, DRM technologies can also collect detailed personal information from users, who often do no more than access the content on a computer. This information is transmitted back to the copyright owner or content provider, without the consent or knowledge of the user. Although the means exist to circumvent these technologies and thus prevent the collection of this information, previous proposals to amend the Copyright Act contained anti-circumvention provisions.

    Commissioner Stoddart has not commented on the adequacy of the personal information exception in Bill C-11, but there is reason for concern.


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