Consultations on anti-circumvention exceptions in the U.S. and Australia have raised at least two circumvention rights that involve the right to circumvent to access concealed information contained in software code. In the U.S., there is a specific exception for circumvention to access the list of websites contained on "block lists" […]
Post Tagged with: "copyright"
30 Days of DRM – Day 25: Statutory Obligations (Circumvention Rights)
Section 32.1 of the Copyright Act features a list of several exceptions that ensure that the Copyright Act is compatible with other federal statutes that might require copying that would otherwise constitute infringement. While none of these exceptions are particularly crucial from a user perspective, the principle of consistently retaining […]
The Final Tally from The Drake
Sam Bulte was briefly back in the political news recently as the Ignatieff campaign announced that they had received her endorsement. The release brought to mind the last election and the fundraising controversy generated by the fundraiser at the Drake Hotel. One of the most important aspects of election accountability and transparency are the Elections Act requirements for filing finance returns: candidates for national elections are required to submit a campaign finance return within 120 days of an election campaign and riding associations are required to submit annual reports by June 30th of the following calendar year.
For those interested in the numbers from The Drake, the information has been a long time in coming. Days before the May 23rd deadline for the election campaign return, Bulte's official agent requested a three-month extension citing lost data and claiming that both the campaign and its bank had lost the records which needed to be reconstructed from microfiche. Bulte's official agent filed the election campaign return days before the extension deadline and it has just been posted online. The Parkdale High Park Liberal riding association 2005 annual return has still not been posted. The riding association was granted a one-month extension in late June after it claimed computer problems. The association has still not filed that information in violation of the Elections Act and could face possible de-certification.
The election return does provide some insight into Bulte's backers, which is relevant both to close the book on the election controversy and to gauge who is willing to provide financial support to MPs that favour DMCA-style copyright reform.
The Most Dangerous Treaty You’ve Never Heard About
With government negotiators and broadcast officials descending on Geneva this week to continue negotiations on the WIPO Broadcast Treaty, my weekly Law Bytes column (Toronto Star version, homepage version) examines a proposal that started as an attempt to address the narrow issue of signal theft and has today mushroomed into a massive treaty that would grant broadcasters in some countries many new rights. Many people are questioning the impact of the treaty, which includes an exclusive retranmission right, an extension in the term of protection for broadcasts, and the decision to make the exceptions and limitations in the treaty optional. Indeed, even the Canadian delegation has wondered aloud whether the treaty would create a danger that some broadcasts might never fall into the public domain, effectively creating a perpetual broadcasting right.
The impact of the treaty on individuals and creators could be dramatic, potentially making it more difficult to record television shows for viewing at a later time, locking up content that is otherwise in the public domain, and necessitating that film makers obtain twice as many consents for the re-use of broadcast clips.
The potential cost of the new rights is also significant, with Canadian broadcast distributors, including the major telecommunications companies that have begun offering high-definition television services, fearing that the new retransmission right alone could result in more than a half billion dollars in new royalty payments flowing out of Canada to U.S. broadcasters.
Is RIM’s Pearl a Ringtone Killer?
Bob Lefsetz astutely points out that RIM's new Pearl device not only features a music player, but also permits users to use the songs they upload as ringtones.
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