Industry Minister Maxime Bernier, who has shown little appetite for the anti-spam legislation, now says that he is reviewing the 2005 Task Force Report on Spam (I was a member of the task force). Bernier says he "just" received the report – it was obviously part of his ministerial briefing […]
News
Cory on Amazon’s Download Service
Read before you buy.
30 Days of DRM – Day 30: Prohibition on Contractual Circumvention of Rights (Foundational Issue)
Yesterday's post identified the availability of circumvention devices as a one foundational issue. The second foundational issue is protection against contracts that seek to trump the law by contracting out of the copyright balance or, in the event that anti-circumvention legislation is introduced, statutory circumvention rights. The use of contractual […]
Belgian Court Rules Against Google News
A Belgian court last week ruled against Google in a case involving the copyright issues associated with Google News. I haven't seen any news coverage of the ruling, which cited both copyright and the EU database directive, but a copy of the decision has been posted on the Chilling Effects […]
30 Days of DRM – Day 29: No Ban on Circumvention Devices (Foundational Issue)
Over the past 28 days, this series has addressed circumvention issues both big and small. I have saved the two most important issues for the end since I believe that without addressing these two issues, many of the other recommendations are rendered ineffective.
The first issue is that Canada must not establish a ban or prohibition on devices that can be used to circumvent DRM. Bill C-60 did not contain a provision prohibiting circumvention devices and that approach should be retained in any future legislation.
The DMCA features just such a ban. Section 1201(a)(2) provides that:
No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that –
(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.
(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.
The DeCSS case demonstrated the breadth of this approach when merely linking to a devices (devices really refers to software that is able to crack a DRM system) was ruled sufficient to violate the statute.
The past 28 days have illustrated that there are numerous legitimate uses for all circumvention devices.
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