As noted earlier in the series, unlike some other countries, there is no anti-circumvention exception for teaching in Bill C-61. The one nod to the special considerations for libraries, archives, museums, and educational institutions in the anti-circumvention rules comes in Section 41.19 with regard to potential damages. That provision states […]
Post Tagged with: "anti-circumvention"
IT World Canada Launches C-61 Petition
ITWorldCanada has launched a new petition on C-61, focusing on anti-circumvention legislation. The petition adopts an approach that preserves permitted uses by calling for reform of the bill by amending the anti-circumvention provisions to read: "No person shall circumvent a technological measure within the meaning of paragraph (a) of the […]
61 Reforms to C-61, Day 24: TPMs – No Exclusion of Non-Infringing Access
Bill C-61's anti-circumvention approach ranks among the broadest of any statute in the world. One area where it is particularly (over)broad is in its failure to exclude non-infringing access. Under the current bill, Section 41.1(1) simply states that "no person shall circumvent a technological measure within the meaning of paragraph (a) of the definition of 'technological measure'". Technological measure "means any effective technology, device or component that, in the ordinary course of its operation controls access to a work. . . "
By using such a broad approach – any circumvention of any effective access control – the statute prohibits the circumvention of TPMs that have absolutely nothing to do with infringing copying. The most obvious example of this comes from the region coding found on DVDs and many computer games. Many DVDs include Macrovision (designed to stop copying a DVD to VHS), Content Scramble System or CSS (the subject of important litigation involving DeCSS, a software program created to allow Linux users to play DVDs since they were otherwise unable to do so due to CSS), and region coding.
61 Reforms to C-61, Day 21: TPMs – No Exception to Protect Minors
An exception that surprisingly is not included in Bill C-61's anti-circumvention provisions is an exception to protect minors. How does this arise in the context of copyright? One obvious example are parents who wish to stop their children from watching certain scenes in a movie. There are services such as […]
61 Reforms to C-61, Day 16: TPMs – No Exception for Fair Dealing
Bill C-61's single biggest failure is the fact that it does not preserve fair dealing in the digital environment. When I posted my fair copyright principles earlier this year, the very first principle was that no MP would "introduce, support, or endorse any copyright bill that, either directly or indirectly, […]
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