Yesterday's posting referenced the damages limitation for libraries, archives, museums, and educational institutions that limits their liability for "innocent circumvention" to an injunction only. It is worth asking why this principle does not extend to all Canadians. If the circumvention occurs for innocent purposes (ie. where the individual did not know that the circumvention violates the law), there is no reason to layer on the prospect of financial liability. As many have stated, the law fails to distinguish between cases of commercial piracy and non-commercial, private activities. The damage provisions should be amended to reflect those differences, not privilege only libraries, archives, museums, and educational institutions.
61 Reforms to C-61, Day 34: TPMs – LAM and Educational Institution Limitations, Part Two
August 7, 2008
Tags: 61 reforms / anti-circumvention / archives / c-61 / copyright / dmca / libraries / museumsCopyright Canada / prentice
Share this post
3 Comments

Law Bytes
Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards
byMichael Geist

March 31, 2025
Michael Geist
March 24, 2025
Michael Geist
March 10, 2025
Michael Geist
Search Results placeholder
Recent Posts
The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards
The Law Bytes Podcast, Episode 230: Aengus Bridgman on the 2025 Federal Election, Social Media Platforms, and Misinformation
The Law Bytes Podcast, Episode 229: My Digital Access Day Keynote – Assessing the Canadian Digital Policy Record
Queen’s University Trustees Reject Divestment Efforts Emphasizing the Importance of Institutional Neutrality
The Law Bytes Podcast, Episode 228: Kumanan Wilson on Why Canadian Health Data Requires Stronger Privacy Protection in the Trump Era
Designed to Fail?
I paranoically wonder if perhaps that failure wasn’t planned from the beginning when this bill was first put together.
As was pointed out yesterday, no-one can now claim innocence
high-balling
I would argue that they’re aware it won’t pass it it’s present form, but they will pass a watered down version of it, this way they can say they’re responding to Canadian concerns and those of industry.
They’re playing both sides of the fence like the their predecessors.