While Canada is still weeks or months from new legislation (hence the 30 Days of DRM project), Australia's Attorney General has just released draft anti-circumvention legislation. Australia faces different circumstances from Canada since its free trade agreement with the U.S. requires new laws by the end of the year. The […]
Archive for September, 2006
Appeared in the Toronto Star on September 4, 2006 as Education Minister's Proposal Needs a Rewrite As thousands of children across the province return to school tomorrow, nearly everyone will be asking "what did you do this summer?” If the question were posed to Education Minister Sandra Pupatello, her candid […]
The inclusion of a right to circumvent in the event that the TPM breaks or becomes obsolete is relatively uncontroversial. The U.S. Registrar of Copyrights has included a specific exception for this situation since 2000 and the Australian Parliamentary Review Committee recommended the inclusion of such an exception this year. The exception reflects the recognition that the continual evolution of technology places the investment that consumers make in entertainment and software products at risk in the event that a TPM ceases to function or becomes obsolete. While products do not come with a guarantee to function forever, the law should not impair consumers who seek to circumvent techologies that are no longer supported and thus create a significant barrier to access to their own property.
The current DVD market provides a good illustration of the potential problem.
With news this week of a Canadian settlement of the Sony rootkit case, it is worth revisiting the admonishment that case elicited from Stewart Baker, the U.S. Department of Homeland Security’s assistant secretary of policy. As noted earlier this series, Baker reminded the recording industry that "it's very important to […]