Post Tagged with: "dmca"

U.S. Move to Pick Digital Locks Leaves Canadians Locked Out

My weekly technology law column (Toronto Star version, homepage version) picks up on last week’s DMCA exemption decision with a contrast to Bill C-32. I note that since its introduction two months ago, the government’s copyright reform package has generated widespread debate over whether it strikes the right balance. The digital lock provisions have been the most contentious aspect of the bill, with critics fearing that anytime a digital lock is used, it would trump virtually all other rights.

Supporters of the C-32 digital lock approach have sought to counter the criticism by arguing that the Canadian provisions simply mirror those found in other countries such as the United States. Yet last week, the U.S. introduced changes to its digital lock rules that leave Canada with one of the most restrictive approaches in the world.

August 3, 2010 — 58 comments — Columns

NY Times, LA Times Both Approve New U.S. Digital Lock Exemptions

The NY Times and LA Times have both published masthead editorials approving the new digital lock exemptions announced last week in the U.S.

August 3, 2010 — 1 comment — News

Jaszi on the DMCA Exemptions

Peter Jaszi provides a great review of how the U.S. DMCA exemption process has evolved for the better.

August 3, 2010 — Comments are Disabled — News

U.S. Move to Pick Digital Locks Leaves Canadians Locked Out

Appeared in the Toronto Star on August 2, 2010 as U.S. Move to Pick Digital Locks Leaves Canadians Locked Out Since its introduction two months ago, the government’s copyright reform package has generated widespread debate over whether it strikes the right balance. The digital lock provisions have been the most […]

August 2, 2010 — Comments are Disabled — Columns Archive

The U.S. DMCA vs. Bill C-32: Comparing the Digital Lock Exceptions

Yesterday’s U.S. DMCA Rulemaking decision, which established a series of new anti-circumvention exceptions, attracted considerable attention on both sides of the border. In the U.S., critics of the DMCA noted the progress in addressing some of the DMCA’s most troubling consequences by creating exceptions for unlocking and jailbreaking cellphones and circumventing DVD locks in several circumstances (though the decision is hardly a panacea given the restrictions on distributing circumvention tools, contractual restrictions, and the absence of a general right to circumvent for lawful purposes).

From a Canadian perspective, the U.S. decision – combined with the recent 5th Circuit Court of Appeals ruling linking circumvention to copyright and the USTR decision to cave on the digital lock rules in ACTA – provides a timely reminder of the mistake that is the digital lock rules in C-32.

Looking back, Industry Minister Tony Clement said he wanted forward-looking legislation designed to last ten years, yet the scope of Bill C-32’s anti-circumvention exceptions became outdated in less than ten weeks. Canadian Heritage Minister James Moore, when not calling critics “radical extremists,” emphasized that Bill C-32 was not identical to the DMCA. While he had the notice-and-notice system in mind, weeks later his comments became accurate since it turns out the DMCA is far less restrictive than C-32.

Just how badly does the Canadian bill stack up? On the two key issues in the bill – digital locks and fair dealing – Canada is far more restrictive than the U.S. Consider:

July 27, 2010 — 17 comments — News