Archive for September, 2006

Australia A.G. Releases Draft TPM Legislation

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 […]

Read more ›

September 4, 2006 2 comments News

Education Ministers’ Proposal in Need of a Rewrite

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 […]

Read more ›

September 4, 2006 2 comments Columns Archive

30 Days of DRM – Day 17: Broken or Obsolete Technology (Circumvention Rights)

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.

Read more ›

September 4, 2006 8 comments News

30 Days of DRM – Day 16: System Repair (Circumvention Rights)

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 […]

Read more ›

September 3, 2006 3 comments News

Alberta Man Sentenced to Jail for Hate Site

In what is being described as a groundbreaking case, an Alberta man has been sentenced to 16 months in jail for promoting hatred on his website.

Read more ›

September 2, 2006 Comments are Disabled Must Reads