As Sony seeks court approval of its class action settlement today (word is that the judge took note of the objections to the settlement and asked the parties to go back and try to address the concerns, likely leading to some modest amendments), CIPPIC has filed an avalanche of complaints […]
Post Tagged with: "copyright"
30 Days of DRM: 30 Things You Can Do
Update (December 3, 2007) – I have posted a newly updated version of what you can do in light of the forthcoming Canadian DMCA. The posting includes a YouTube video, a Facebook group, and updated contact information.
Update (November 29/07): With a Canadian DMCA seemingly imminent, the importance of speaking out has never been more important. Some details on the likely new bill can be found here. I've updated the 30 Things You Can Do to reflect the new Ministers.
The House of Commons is back in session and, as I promised last month, the 30 Days of DRM project has now concluded. The postings remain accessible via the 30 Days of DRM page, the wiki, and a new PDF version that incorporates all postings into a single document.
The project generated considerable commentary online and lots of email offline. The most frequently asked question provides reason for optimism as many people simply asked "what can I do?" I typically responded that the best starting point was to write to their local Member of Parliament. Upon reflection, there is more that can be done and to that end, I offer up 30 things you can do about the issues raised by the 30 days of DRM project.
Sony’s Rootkit Settlement Leaves Canadian Consumers Unsettled
My weekly Law Bytes column (Toronto Star version, homepage version) picks up on last week's post examining the mounting concerns over the Sony rootkit class action settlement in Canada. The column touches on many of the same themes – less compensation, no security review, and no injunctive relief. I conclude […]
Belgian Court Rules Against Google News
A Belgian court last week ruled against Google in a case involving the copyright issues associated with Google News. I haven't seen any news coverage of the ruling, which cited both copyright and the EU database directive, but a copy of the decision has been posted on the Chilling Effects […]
30 Days of DRM – Day 29: No Ban on Circumvention Devices (Foundational Issue)
Over the past 28 days, this series has addressed circumvention issues both big and small. I have saved the two most important issues for the end since I believe that without addressing these two issues, many of the other recommendations are rendered ineffective.
The first issue is that Canada must not establish a ban or prohibition on devices that can be used to circumvent DRM. Bill C-60 did not contain a provision prohibiting circumvention devices and that approach should be retained in any future legislation.
The DMCA features just such a ban. Section 1201(a)(2) provides that:
No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that –
(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.
(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.
The DeCSS case demonstrated the breadth of this approach when merely linking to a devices (devices really refers to software that is able to crack a DRM system) was ruled sufficient to violate the statute.
The past 28 days have illustrated that there are numerous legitimate uses for all circumvention devices.
Recent Posts
The Law Bytes Podcast, Episode 248: Mark Surman on Why Canada’s AI Strategy Should Prioritize Public AI Models 
We Need More Canada in the Training Data: My Appearance Before the Standing Committee on Canadian Heritage on AI and the Creative Sector 
The Law Bytes Podcast, Episode 247: My Senate Appearance on the Bill That Could Lead to Canada-Wide Blocking of X, Reddit and ChatGPT 
The Law Bytes Podcast, Episode 246: Mohamed Zohiri on the Rise and Emerging Regulation of Stablecoins 
Senate Bill Would Grant Government Regulatory Power to Mandate Age Verification For Search, Social Media and AI Services Accompanied By Threat of Court Ordered Blocking of Lawful Content
