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”.
Penalties for circumventing TPMs must apply only to cases of actual infringement. There is no merit in penalizing individuals who circumvent TPMs but do not distribute the unlocked materials or otherwise infringe on copyright in a fair-dealing context. The use of proprietary TPMs tied to reader or player devices must not be allowed to create an uncompetitive retail environment, or a retail environment in which Canadian content is only minimally visible or available to Canadian consumers.
Canadian Government Caves on Digital Services Tax After Years of Dismissing the Risks of Trade Retaliation 
The Law Bytes Podcast, Episode 238: David Fraser on Why Bill C-2’s Lawful Access Powers May Put Canadians’ Digital Security At Risk 
Ignoring the Warning Signs: Why Did the Canadian Government Dismiss the Trade Risks of a Digital Services Tax? 
Why Bill C-2 Faces a Likely Constitutional Challenge By Placing Solicitor-Client Privilege at Risk 
The Law Bytes Podcast, Episode 237: A Conversation with Jason Woywada of BCFIPA on Political Party Privacy and Bill C-4
Michael Geist
mgeist@uottawa.ca
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