Michael Geist

Since the introduction of Bill C-11 last month, the digital lock rules have emerged as the most contentious aspect of the bill with both the NDP and Liberals indicating they cannot support the legislation without changes to those provisions. While most of the Conservative responses have stuck to the talking point that they believe the bill is balanced, Conservative MP Lee Richardson, a member of the Standing Committee on Industry, recently provided a constituent with another reason for why the public should not be concerned by the digital lock rules.  According to Richardson:

If a digital lock is broken for personal use, it is not realistic that the creator would choose to file a law suit against the consumer, due to legal fees and time involved.

In other words, Canadians should not be concerned by digital lock rules because they can simply break the lock without fear of being sued. Richardson’s response raises several issues.

First, it is surprising to find Conservatives seeking support for their bill on the basis that Canadians need not worry about liability if they violate its provisions. Copyright reform is supposedly about updating Canada’s copyright rules and fostering greater respect for copyright law. Yet the message from Richardson suggests the opposite since Canadians will have less respect for copyright law as even their MPs tell them they need not fear violating the law given the minimal likelihood of a lawsuit.

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