Last month I wrote about the patent battle between Blackboard and Canada's Desire2Learn. Desire2Learn has just filed its response in the Texas court.
Latest Posts
30 Days of DRM – Day 28: Review of New Circumvention Rights (Circumvention Rights)
The U.S. DMCA experience leaves little doubt that the introduction of anti-circumvention legislation will create some unintended consequences. No matter how long the list of circumvention rights and other precautionary measures, it is impossible to identify all future concerns associated with anti-circumvention legislation. The U.S. DMCA addresses this by establishing a flawed tri-annual review process. The system has not worked well, creating a formidable barrier to new exceptions and long delays to address emerging concerns.
If Canada establishes anti-circumvention legislation, it must also establish an impartial process that will enable concerned parties to raise potential new circumvention rights without excessive delay. The process must be fast, cheap, and easily accessible to all Canadians. It will require clear criteria for the introduction of new circumvention rights along with an administrative structure to conduct the reviews.
British Academy Reports Copyright Hinders Scholarship
The British Academy has announced that it will be releasing a new study on Monday that finds that copyright law is impeding, rather than stimulating, the production of new ideas and new scholarship in the humanities and social sciences.
Weatherall on the Australian TPM Provisions
Kim Weatherall has started a series of posts on the impact of proposed Australian anti-circumvention legislation. She starts with consumers, who unsurprisingly will be worse off under the new law.
30 Days of DRM – Day 27: Government Works (DRM Policy)
Government use of DRM represents a particularly difficult issue. Some argue that government should never use DRM systems (thereby eliminating the need for a circumvention right), maintaining that it runs counter other government priorities such as openness and accountability. Even governments themselves have acknowledged the problems associated with DRM. Last week, New Zealand issued guidelines on government use of DRM and trusted computing systems featuring a lengthy list of precautions and safeguards. They included requirements of minimal restrictions on content, assurances of future accessibility, full respect for privacy rights, retention of government control over a DRM-free version, and full access for all parties entitled to obtain the public information.
The Canadian government response to the DRM must address several issues.