Post Tagged with: "c-11"

Entertainment Software Assoc: We’re For Tech Neutral Copyright (Except When We’re Against It)

One of the most frequently cited concerns with Bill C-11’s digital lock rules is that they create a two-tier legal framework that is technologically non-neutral. Where content does not have a lock or is in non-digital form, the usual copyright balance applies including fair dealing and consumer exceptions. However, with Bill C-11, once there is a digital lock included with the content, the balance disappears since the fair dealing and consumer exceptions can be overriden. A description of the situation:

The Bill also favours digital lock business models for the sale and delivery of content  over unlocked means of dissemination. In the traditional model, copyright holders control the  exclusive right to reproduce content onto CDs or DVDs. Once an unlocked copy is created, rights holders cannot control the application of copyright exceptions such as fair dealing. But the Bill creates a different situation simply because a copy of digital content is delivered with a digital lock. This is an economically inefficient interpretation of an Act that is meant to fairly balance the interests of rights holders and users to further the interests of society as a whole.

While consumer groups have been making this case against technological non-neutral copyright for months (and Charlie Angus raised precisely this point in the House of Commons yesterday expressing concern about a “two-tier set of rights”), the above quote is a slightly modified version of arguments by the Entertainment Software Association of Canada, one of the lead proponents of the digital lock rules.

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November 25, 2011 — 17 comments — News

The Daily Digital Lock Dissenter, Day 38: The Canadian Association for Open Source

The Canadian Association for Open Source promotes the use and development of free, open source software, by providing a public voice to the community of its Canadian users, developers and supporters. The Association submitted comments to the 2009 national copyright consultation that included the following on digital locks:

The key policy for software authors is “technological measures”, given this policy is about what software the owners of computers are and are not allowed to install and use on their own hardware. The Liberal Bill C-60 recognized the nuances of the 1996 WIPO treaties and tied anti-circumvention legislation to activities that would otherwise infringe coyright. The WIPO treaties use language such as:

Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law.

Being “used by authors in connection with” and “or permitted by law” suggests that anti-circumvention legislation should be tied to infringing activities. Copyright and other laws (including privacy law) should trump technological measures when there is a conflict, not the other way around. By clarifying that the anti-circumvention legislation is tied to copyright, the legislation could also avoid providing any protection for technical measures applied to devices by other than their owners.

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November 25, 2011 — 1 comment — News

Challenging the New Digital Lock Talking Point: Why European Rules Are More Flexible Than C-11

The debate over C-11 resumed this week in the House of Commons with Paul Calandra, the Parliamentary Secretary to the Minister of Canadian Heritage, invoking a claim that raises the question of how the Canadian digital lock rules compare to those found in Europe. In response to the ongoing concerns with Bill C-11’s digital lock rules – they are easily the most discussed issue during the debates – Calandra stated:

We know that in Europe there is much greater support for TPMs and that has not actually reduced the availability of content online. Does she have any rationale for thinking Canada’s less stringent use of TPMs through the bill would somehow reduce the availability of content for Canadian consumers?

Calandra’s comments raise two issues: (1) whether the Europe has stricter support for digital locks; and (2) whether digital locks reduces the availability of online content.

The first issue is an important one since claims that Europe has stricter digital lock rules than those proposed in Bill C-11 are plainly inaccurate. Indeed, many Canadians would be far happier with the Bill C-11 digital lock rules if we matched some of the approaches found in Europe. European implementations include:

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November 24, 2011 — 14 comments — News

The Daily Digital Lock Dissenter, Day 37: British Columbia Teachers’ Federation

The British Columbia Teachers’ Federation (BCTF), established in 1917, is the union of professionals representing 41,000 public school teachers in the province of British Columbia, Canada. All public school teachers belong to the BCTF and their local teachers’ association. The BCTF provided a submission to the 2009 national copyright consultation and said the following on digital locks:

Including a provision that prohibits the unlocking of content from anticircumvention features is particularly a threat to libraries – school as well as public libraries. Users (teachers, librarians, or individuals) should have the right to access resources that they intend to use within the copyright provisions.

Telling potential users that they can use material, appropriately, and then putting a roadblock in the way of actually accessing the material, makes a sham of recognizing the rights of users. Again, the public interest requires that libraries, in particular, be able to offer access to people who do not have the personal resources to access important materials – materials that contribute to their roles as citizens and as participants in the Canadian economy.

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November 24, 2011 — Comments are Disabled — News

The Daily Digital Lock Dissenter, Day 36: Canadian Political Science Association

The Canadian Political Science Association began its activities in 1912 and was incorporated under the Canada Corporation Act in 1971. The CPSA limits public policy positions to those issues directly related to political science. As part of the 2009 copyright consulation, the CPSA submission made its position on digital locks clear:

The new law should not allow Digital Rights Management technologies to prevent fair use of published work.

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November 23, 2011 — Comments are Disabled — News
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