The federal government is expected to call three by-elections within the next couple of weeks, with the voting set for early September. One of the most hotly contested by-elections will the riding of Guelph, which currently held by the Liberals. All three parties believe they have a shot at this […]
Post Tagged with: "copyright for canadians"
61 Reforms to C-61, Day 15: TPMs – No Exception for Cell Phones
The 61 reforms series now shifts to several weeks worth of postings on the fundamentally flawed, dangerous, and stunningly overbroad anti-circumvention provisions in Bill C-61. The digital lock rules have rightly been the primary focus of attention for most groups as they are far more restrictive than the Liberal's C-60, more restrictive than approaches in other countries such as New Zealand, and arguably even more restrictive than the rules under the U.S. DMCA. The Canadian DMCA goes far beyond what is needed to comply with the WIPO Internet treaties and ultimately have the effect of eviscerating fair dealing in the digital environment.
Even with the many reforms I plan to propose, the reality is that these provisions will still be problematic. I question the need for anti-circumvention legislation (as do countries like Israel which declined to include it in their recent set of reforms). If the government is committed to anti-circumvention legislation, however, major amendments are critical.
With an eye on the launch of the Apple iPhone in Canada today, I start the anti-circumvention problems with their effect on locked cellphones. As currently drafted, the bill could make it an infringement to unlock a cellphone and would certainly make the distribution of programs used to unlock cellphones (or service providers that do so) illegal. Why is this the case?
Stanton To Hold Town Hall Meeting on C-61
Bruce Stanton, the Conservative MP for Orillia and member of the Industry Committee, has promised to hold a town hall meeting on C-61 this summer. It seems likely that the meeting comes in response to concerns from many groups about the potential effect of the bill.
61 Reforms to C-61, Day 14: Music Shifting Provision Says Contract Trumps Copyright
Today's C-61 reform is particularly timely given yesterday's decision by Industry Minister Jim Prentice to demand that Bell and Telus account for their plans to charge for the receipt of text messages, a decision that Prentice described as "poorly thought-out." In the case of text message charges, the companies will presumably argue that their consumer contracts give them the right to alter charges and that this change is consistent with those rights. Prentice may rightly note the inequity of locking in a consumer for three years, yet reserving the right to fundamentally alter the costs borne by the consumer midway through the agreement. In other words, the contract may say one thing, but consumer rights and fairness dictate something else.
While that may be Prentice's perspective on consumer telecom contracts, he adopts a much different approach in Bill C-61.
61 Reforms to C-61, Day 13: Music Shifting Provision and One Copy Per Device
Today's proposed reform comes directly from a reader of the blog who writes: While I was reading your latest entry in "61 Reforms to C-61," I realized that the "one copy per device" limitation on "format shifting" as described in Section 29.22(1)(d)(i) makes a common practice of mine illegal – […]
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