New Year’s Day now marks public domain day, the day when new works enter into the public domain. While Europe marks the entry of James Joyce into its public domain, Joyce has been in the public domain in Canada for the past 20 years, serving as an important reminder of […]
Post Tagged with: "copyright"
Supreme Court Securities Act Constitutionality Ruling Throws Digital Laws into Doubt
The Supreme Court of Canada this morning ruled that the federal government’s plan to create a single securities regulator is unconstitutional since it stretches the federal trade and commerce clause too far into provincial jurisdiction. The ruling is a wake-up call on the limits of federal powers, even where many […]
Canadian Library Association on C-11
The Canadian Library Association has released a new position paper on Bill C-11. The CLA directs much of its concern to the digital lock rules: The prohibitions on the circumvention of digital locks in Bill Câ€11 exceed Canada’s obligations under WIPO copyright treaties. Canada agreed to distinctive wording and flexibilities […]
The Daily Digital Lock Dissenter, Day 52: Ontario Council of University Libraries
The Ontario Council of University Libraries (OCUL) represents the 21 public university libraries in Ontario, serving a community of about 400,000 full time students and professors. OCUL provided a submission to the 2009 national copyright consultation that stated the following about digital locks:
Digital locks can prevent users from interacting with copyright materials in ways that are perfectly legal in themselves. Copyright law must not make it illegal to circumvent a digital lock in order to use a copyrighted item for purposes that do not infringe copyright. To satisfy WIPO treaty obligations, it is sufficient that copyright law afford protection to digital locks only to penalize the breaking of digital locks for infringing purposes.
The False Link Between C-11’s Digital Lock Rules and Video Game Industry Jobs
The task of defending the bill has lately fallen to Paul Calandra, the Parliamentary Secretary for Canadian Heritage. As I posted last month, Calandra has focused on the claim that there is no jurisdiction “where digital locks have been used and the actual availability of content has been reduced.” The argument is a complete red herring as no one has argued C-11 will reduce the availability of content but rather that it will eliminate many of the rights consumers obtain when they purchase that content.
Calandra has now also turned to the video game industry as a major source of support. Given the fact that writers, performers, publishers, musicians, documentary film makers, and artists have all called for greater balance on digital locks, the government has been left with fewer and fewer creative industries that support its position. On Monday, Calandra repeatedly referenced the video game industry and the prospect of lost jobs as a reason to support restrictive digital lock rules. For example:
I wonder if the member and her party opposite are talking about putting an end to the video gaming industry in this country with weak TPM measures.
Later, Calandara asked an MP:
Could he explain to the House how, in the absence of effective technical protection measures, that industry could continue to flourish in the province of Quebec?
Calandra regularly referenced the 14,000 jobs in the industry and suggested that they would be put at risk with “weak” TPM measures. Given the focus, it is important to examine the evidence that supports claims that jobs are at risk.