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U.S. Move to Pick Digital Locks Leaves Canadians Locked Out

My weekly technology law column (Toronto Star version, homepage version) picks up on last week’s DMCA exemption decision with a contrast to Bill C-32.  I note that since its introduction two months ago, the government’s copyright reform package has generated widespread debate over whether it strikes the right balance.  The digital lock provisions have been the most contentious aspect of the bill, with critics fearing that anytime a digital lock is used, it would trump virtually all other rights.

Supporters of the C-32 digital lock approach have sought to counter the criticism by arguing that the Canadian provisions simply mirror those found in other countries such as the United States.  Yet last week, the U.S. introduced changes to its digital lock rules that leave Canada with one of the most restrictive approaches in the world.

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August 3, 2010 58 comments Columns

Copyright Bill Disturbs Rights Balance Between Creators and Users

Jenna Wilson and Sangeetha Punniyamoorthy, IP lawyers with Dimock Stratton LLP in Toronto, argue in the Lawyers Weekly that “Anti-circumvention provisions could be implemented in the Copyright Act without significantly disturbing the balance between users and creators in the way Bill C-32 does.”

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August 3, 2010 1 comment News

NY Times, LA Times Both Approve New U.S. Digital Lock Exemptions

The NY Times and LA Times have both published masthead editorials approving the new digital lock exemptions announced last week in the U.S.

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August 3, 2010 1 comment News

Jaszi on the DMCA Exemptions

Peter Jaszi provides a great review of how the U.S. DMCA exemption process has evolved for the better.

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August 3, 2010 Comments are Disabled News

From Wellington to Lucerne: Tracking the Major ACTA Changes

While the parties have not formally disclosed it, the immediate ACTA schedule now appears to include discussions between the U.S. and the EU next month in Washington followed by a full round of talks (Round Ten) in Japan in September.  Some have criticized the exclusion of the remaining ACTA countries in the August discussions, but as I posted earlier, the ACTA text has really come down to a U.S. vs. EU document with the remaining countries picking a side.  The sticking point in Washington will undoubtedly be scope of the treaty, with the EU pushing for inclusion of geographical indications and the U.S. making it clear they are willing to cave on almost anything that does not involve changes to domestic law.  Geographical indications would require change, however, which is what led to my post speculating about the possibility of an ACTA without Europe. 

Last week I posted a scorecard on the major areas of disagreement. This final chart highlights the key changes from the April meeting in New Zealand to the June meeting in Lucerne, with many changes the result of a shift in U.S. position.

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July 30, 2010 Comments are Disabled News