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.

September 18, 2006 — 21 comments — News

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 […]

September 18, 2006 — Comments are Disabled — Columns

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 […]

September 16, 2006 — Comments are Disabled — News

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.

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.

September 16, 2006 — 3 comments — News

30 Days of DRM – Day 28: Review of New Circumvention Rights (Circumvention Rights)

The U.S. DMCA experience leaves little doubt that the introduction of anti-circumvention legislation will create some unintended consequences. No matter how long the list of circumvention rights and other precautionary measures, it is impossible to identify all future concerns associated with anti-circumvention legislation. The U.S. DMCA addresses this by establishing a flawed tri-annual review process. The system has not worked well, creating a formidable barrier to new exceptions and long delays to address emerging concerns.

If Canada establishes anti-circumvention legislation, it must also establish an impartial process that will enable concerned parties to raise potential new circumvention rights without excessive delay. The process must be fast, cheap, and easily accessible to all Canadians. It will require clear criteria for the introduction of new circumvention rights along with an administrative structure to conduct the reviews.

September 15, 2006 — Comments are Disabled — News