Anti-circumvention rules should not apply in non-infringing circumstances, so they do not inadvertently impede ongoing research and innovation. The risk is in harming emerging Canadian digital security companies, and putting a “liability chill” on research in this area.
The circumvention of a digital lock for non-infringing purposes should be permitted.
An exception should also be made to anti-circumvention clauses to ensure that access to government information, laws, and court cases are never inaccessible to Canadians. As citizens, we should have an inalienable right to access this information.
Switzerland has completed a major government study on whether new measures are need to address online copyright infringement. The study concludes that no new legislative action is needed, citing the high costs and negative effects of three strikes and you’re out policies. It is noteworthy that Switzerland participated in the […]
It is important to underline that fair dealing and other educational gains are undermined with absolute digital lock protections. By allowing circumvention of digital locks for non-infringing reasons, legitimate research and uses are not unduly hindered and creators’ protection is maintained.
“the House decline to give second reading to Bill C-11, An Act to amend the Copyright Act, because it fails to: ( a) uphold the rights of consumers to choose how to enjoy the content that they purchase through overly-restrictive digital lock provisions; (b) include a clear and strict test for “fair dealing†for education purposes; and (c) provide any transitional funding to help artists adapt to the loss of revenue streams that the Bill would cause”.
The Law Bytes Podcast, Episode 200: Colin Bennett on the EU’s Surprising Adequacy Finding on Canadian Privacy Law 
Debating the Online Harms Act: Insights from Two Recent Panels on Bill C-63 
The Law Bytes Podcast, Episode 199: Boris Bytensky on the Criminal Code Reforms in the Online Harms Act 
AI Spending is Not an AI Strategy: Why the Government’s Artificial Intelligence Plan Avoids the Hard Governance Questions 
The Law Bytes Podcast, Episode 198: Richard Moon on the Return of the Section 13 Hate Speech Provision in the Online Harms Act
Michael Geist
mgeist@uottawa.ca
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