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Thursday December 29, 2005 |
Reports today indicate that a provisional settlement has been reached in the U.S. Sony rootkit class actions. While the settlement still requires court approval, it makes for an interesting read since it may provide the starting point for a future statute that protects against the misuse of digital rights management technologies.
Given the Canadian focus on my blog, I should note up front that the settlement does not apply to Canadians, who for the moment are left with no compensation and no protection against ongoing DRM misuse. This is very troubling given the fact that more than affected 100,000 CDs have been distributed in Canada. Sony BMG Canada should step up and immediately offer the same terms to Canadian consumers and undertake to abide by the same restrictions found in the settlement agreement.
The settlement has two broad goals: compensate consumers for the harm they suffered from both the XCP and Media Max DRM software and place limits on Sony's use of DRM. The compensation for XCP purchasers includes the replacement of the CD with a version without copy-protection and the choice of either (i) US$7.50 plus one free album download or (ii) three free album downloads (Sony will select at least 200 eligible titles). The compensation for Media Max offers fewer free album downloads. The most notable aspect of this part of the settlement is that Sony will undertake to provide the free downloads from at least three music download services including Apple iTunes. The irony of Sony being forced to offer Apple iTunes downloads when a prime reason for inserting the DRM software was to combat Apple iTunes should not be lost on anyone.
More interestingly (at least to non-class action lawyers) is the undertakings on Sony's future DRM use. The company has agreed to the following limitations on the use of copy-protection software until 2008:
- No further use of XCP or Media Max
- Ensure that the DRM will not be installed on users' computers until the user accepts the end-user license agreement
- Ensure that an uninstaller for the copy-protection software is made readily available to consumers
- Fully disclose any updates to the copy-protection software
- Ensure that the EULA accurately discloses the nature and function of the software in plain English
- Obtain comments about the EULA from an independent oversight person
- Obtain an expert opinion that the copy-protection software does not create security vulnerabilities
- Only collect limited personal information necessary to provide enhanced CD functionality
- Include full disclosures of the copy-protection software on the CD jewel case
- Fix any software vulnerabilities that may arise from the copy-protection software
While many of these obligations should be standard operating procedure and not require a court approved settlement, the full package provides the starting point for a future Digital Rights Management Protection Act. Much like the settlement, a DRMPA must include consumer protections, privacy protections, security protections, interoperability, and appropriate oversight. Rather than pushing for protection for DRMs, it is apparent that we need protection from DRMs and DRMPA would be a smart step in that direction. Such a statute would be the best legacy of the Sony rootkit fiasco.c-60, copyright, drm, michael geist, music, sony rootkit Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareThursday December 29, 2005 |
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Wednesday December 28, 2005 |
One of the responses to my post on the latest CRIA poll warns against referring to "copyright reform" just because Graham Henderson does in the CRIA release. While I obviously do not support Henderson' s view of changes to Canadian copyright law nor the efforts to prop up Sam Bulte (both financially and rhetorically) against a tough NDP challenger, I do not think that those concerned with balanced copyright and the interests of Canadian education, consumers, and artists should shy away from reform.
For example, Canadian politicians from all parties could do far worse than following the lead of Australian Attorney General Philip Ruddock, who has focused on the need for a balanced approached and is quoted today as saying:
"We should have copyright laws that are more targeted at the real problem. . . we should not treat everyday Australians who want to use technology to enjoy copyright material they have obtained legally as infringers where this does not cause harm to our copyright industries."
The report notes that Ruddock said Australia was likely to add exceptions to current laws to recognize "everyday forms of private copying that do not harm copyright owners."
With the CRIA poll finding that Canadians want to meet international standards, perhaps that is where politicians should begin by advocating for U.S. fair use provisions or Australian time shifting and device shifting reforms. That approach is certainly likely to generate far more support from the Canadian public than CRIA's proposals to limit the rights of Canadians to enjoy copyright material that they've already paid for and its support for technologies that generate serious security and privacy risks.bulte, c-60, canada, copyright reform, cria, henderson, michael geist Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday December 28, 2005 |
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Wednesday December 28, 2005 |
CRIA continues its copyright lobbying today by releasing yet another poll that it claims reveals Canadians' attitudes on copyright law. This follows the fall release in which it laughably sought to link file sharing with a wide assortment of evils including shoplifting and cheating on exams.
The poll makes an assortment of claims:
- 91 percent of Canadians believe that artists should be protected by copyright
- 55 percent view copyright as an election issue
- 68 percent want stronger copyright laws
- 32 percent would vote for a party pledging to establish stronger copyright laws (17 percent would not and it would not make a difference to 44 percent)
A few brief comments on this CRIA-sponsored research. Two of the results come as little surprise. First, that 91 percent believe that artists should be protected by copyright makes sense since just about everyone rightly concludes that copyright has a role to play in protecting creativity. Copyright protection per se is not the issue - artists already have copyright protection for their work and no party is calling for the elimination of copyright (nor do I know of many people on either side that want to see copyright eliminated). Second, it is good to hear that that 55 percent want to hear from the parties on copyright since that is consistent with the views of people on all sides of the copyright debate (I' ve written two pieces on the subject).
The more interesting (or headline grabbing) data will involve the views on stronger copyright laws. The data here illustrates why it is difficult to get parties to turn their attention to copyright, since notwithstanding CRIA's emphasis on the 32 percent who say they would vote for parties who favour stronger copyright laws, nearly half of the those polled say it makes no difference, while almost one in five see it as a negative.
What is most important about this poll, however, is what it doesn't ask. What percentage of Canadians would say that the law should protect consumers against the secret installation of copy protection programs that threaten the security on their computer? What percentage of Canadians would say they should be entitled to view a store-bought DVD in their homes regardless of where it is purchased? What percentage of Canadians would say that they should be entitled to make a copy of their CDs to listen to on their iPod? What percentage of Canadians are aware of the $140 million that has been collected under the private copying system, the majority of which goes to Canadian artists? These are the sorts of questions that must be asked for this poll to have any real credibility since my guess is that the numbers would be even higher. Canadians are deeply troubled by issues such as the Sony Rootkit, DVD regional coding, and the shortcomings of the private copying system and copyright policy must take these issues into account.
Given these omissions, the poll doesn' t really tell us very much about copyright policy. However, alongside the hosting of a major fundraiser for Liberal MP Sam Bulte, it does confirm that CRIA and its president Graham Henderson plan to use this election campaign to lay the groundwork for a major copyright reform push in 2006.c-60, canada, copyright, cria, michael geist, music Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday December 28, 2005 |
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Monday December 26, 2005 |
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My last weekly Law Bytes column of 2005, features my annual A to Z review of the year in Canadian law and technology (Toronto Star version, freely available version). From legislative proposals involving copyright, network surveillance, and Internet pharmacies to case law focused on popular consumer products such as the Apple iPod and the Lego brand of toy blocks, there were few dull moments this past year. Best wishes to all for a happy holidays and a great 2006.c-60, copyright, lawful access, michael geist, year in review Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareMonday December 26, 2005 |
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