Post Tagged with: "digital locks"

The Legal Side of Gaming’s Digital Revolution

Peter Nowak has a great interview with Maxime Gagne, a lawyer with Heenan Blaikie who represents video game developers. Asked specifically about an exception to the Bill C-11 digital lock rules for private use, Gagne states: I haven’t seen the exception but there could be ways that it’s crafted that […]

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November 4, 2011 10 comments News

The Daily Digital Lock Dissenter, Day 21: Privacy Commissioner of Canada

The Privacy Commissioner of Canada has not spoken out on the recent copyright bills, but in 2008 she wrote a public letter to then-Industry Minister Jim Prentice expressing concern “about possible changes to the Act authorizing the use of technical mechanisms to prevent copyright infringement that could have a negative impact on the privacy rights of Canadians.” The Stoddart letter, which came in the aftermath of the Sony rootkit case, stated:

If DRM technologies only controlled copying and use of content, our Office would have few concerns. However, DRM technologies can also collect detailed personal information from users, who often do no more than access the content on a computer. This information is transmitted back to the copyright owner or content provider, without the consent or knowledge of the user. Although the means exist to circumvent these technologies and thus prevent the collection of this information, previous proposals to amend the Copyright Act contained anti-circumvention provisions.

Commissioner Stoddart has not commented on the adequacy of the personal information exception in Bill C-11, but there is reason for concern.

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November 2, 2011 14 comments News

The Problem With Digital Locks

The National Post runs a masthead editorial that tears apart the digital lock rules in Bill C-11, describing the bill as a “flawed piece of legislation” that the government should either kill or amend on its own initiative. It argues: Preventing consumers from playing material that they have paid for, […]

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October 28, 2011 32 comments News

Conservative MP on C-11’s Digital Lock Rules: No Risk of Liability for Breaking Locks

Since the introduction of Bill C-11 last month, the digital lock rules have emerged as the most contentious aspect of the bill with both the NDP and Liberals indicating they cannot support the legislation without changes to those provisions. While most of the Conservative responses have stuck to the talking point that they believe the bill is balanced, Conservative MP Lee Richardson, a member of the Standing Committee on Industry, recently provided a constituent with another reason for why the public should not be concerned by the digital lock rules.  According to Richardson:

If a digital lock is broken for personal use, it is not realistic that the creator would choose to file a law suit against the consumer, due to legal fees and time involved.

In other words, Canadians should not be concerned by digital lock rules because they can simply break the lock without fear of being sued. Richardson’s response raises several issues.

First, it is surprising to find Conservatives seeking support for their bill on the basis that Canadians need not worry about liability if they violate its provisions. Copyright reform is supposedly about updating Canada’s copyright rules and fostering greater respect for copyright law. Yet the message from Richardson suggests the opposite since Canadians will have less respect for copyright law as even their MPs tell them they need not fear violating the law given the minimal likelihood of a lawsuit.

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October 27, 2011 69 comments News

Copyright Reform and the Case of Illicit T-Shirts

Jesse Kline has an notable op-ed in the National Post that criticizes Bill C-11’s digital lock rules. The column notes that just because someone breaks a digital lock does not mean they are infringing someone’s copyright.

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October 27, 2011 3 comments News