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
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Episode 168: Privacy Commissioner of Canada Philippe Dufresne on How to Fix Bill C-27
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- Meta to Test Blocking News Sharing on Facebook and Instagram in Canada in Response to Bill C-18’s Mandated Payments for Links
- Globe Publisher Calls Bill C-18 a “Threat to the Independence of Media” As Government Senate Representative Smears Bill Critics
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Law, Privacy and Surveillance in Canada in the Post-Snowden Era (University of Ottawa Press, 2015)
The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (University of Ottawa Press, 2013)
From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda (Irwin Law, 2010)
In the Public Interest: The Future of Canadian Copyright Law (Irwin Law, 2005) .
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
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.