Post Tagged with: "dmca"

U.S. Developments Demonstrate Canada’s C-32 Digital Lock Rules More Restrictive Than DMCA

Since the introduction of Bill C-32, I have consistently argued that the digital lock provisions are far more restrictive than what is required under the WIPO Internet treaties.  Now two recent developments in the U.S. demonstrate that the Canadian proposal is also considerably more restrictive than what is found in the U.S.

First, a significant new appellate court case from the 5th Circuit Court of Appeals has concluded that the restrictions on circumventing an “access control” (ie. a digital lock that restricts access to a work rather than a copy control which restricts copying of a work) are far more limited than previously thought.  With language that bears a striking similarity to those arguing circumvention should be permitted for lawful purposes, the U.S. appeals court states:

Merely bypassing a technological protection that restricts a user from viewing or using a work is insufficient to trigger the DMCA’s anti-circumvention provision. The DMCA prohibits only forms of access that would violate or impinge on the protections that the Copyright Act otherwise affords copyright owners.

In other words, the U.S. court has found that DMCA is limited to guarding access controls only to the extent that circumvention would violate the copyright rights of the copyright owner.  This is very similar to what many groups have been arguing for in the context of Canadian legal reform.

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July 26, 2010 20 comments News

U.S. Caves on Anti-Circumvention Rules in ACTA

One of the biggest stories coming out of the latest ACTA leak is how the U.S. has gradually caved on its digital lock demands.  While the U.S. initially proposed an aggressive draft chapter it hoped would export U.S. law to all ACTA partners, it has now caved on many key issues with the European language carrying the day.  The implications for anti-circumvention rules are significant, since the language is closer (though not identical) to the more flexible WIPO approach and confirms that Canada’s Bill C-32 actually goes beyond would be needed to comply with ACTA, were it to conclude in its current form.

Before examining the changes, it should be noted that there remain doubts about whether this chapter even belongs in ACTA.  Both Canada and Mexico have reserved the right to revisit all elements of this chapter at a later date, suggesting that both countries have concerns about the digital enforcement chapter.  Moreover, there are still disputes over the scope of the Internet chapter, with the U.S., Australia, NZ, Canada, Singapore and Mexico seeking to limit the chapter to trademark and copyright, while Japan, the EU, and Switzerland want to extend it to all IP rights.  Without resolving this issue, there is no digital enforcement in ACTA.

The Anti-Circumention Provision

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July 19, 2010 12 comments News

“We Don’t Care What You Do, As Long as the U.S. Is Satisfied”

David Akin has pointed to a new paper from Blayne Haggart, a doctoral student at Carleton who is focusing on copyright policy in Canada, the U.S., and Mexico.  The paper, being presented this week in Montreal, includes some interesting analysis of digital copyright reforms in each country.  Given today's introduction of the copyright reform bill, of particular significance are comments Haggart obtained from Michele Austin, who served as Maxime Bernier's chief of staff when he was Industry Minister. 

According to Austin, the decision to introduce U.S.-style DMCA rules in Canada in 2007 was strictly a political decision, the result of pressure from the Prime Minister's Office desire to meet U.S. demands.  She states "the Prime Minister's Office's position was, move quickly, satisfy the United States." When Bernier and then-Canadian Heritage Minister Bev Oda protested, the PMO replied "we don't care what you do, as long as the U.S. is satisfied."

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June 2, 2010 46 comments News

EFF’s Unintended Consequences: 12 Years Under the DMCA

The EFF has updated its report on the unintended consequences of the DMCA.  The report highlights the actual consequences of the U.S. approach to anti-circumvention rules.

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March 4, 2010 1 comment News

Major ACTA Leak: Internet and Civil Enforcement Chapters With Country Positions

On the heels of the leak of various country positions on ACTA transparency, today an even bigger leak has hit the Internet.  A new European Union document prepared several weeks ago canvasses the Internet and Civil Enforcement chapters, disclosing in complete detail the proposals from the U.S., the counter-proposals from the EU, Japan, and other ACTA participants.  The 44-page document also highlights specific concerns of individual countries on a wide range of issues including ISP liability, anti-circumvention rules, and the scope of the treaty.  This is probably the most significant leak to-date since it goes even beyond the transparency debate by including specific country positions and proposals.

The document highlights significant disagreement on a range of issues.  For example, on the issue of anti-circumvention legislation and access controls, the U.S. wants it included per the DCMA, but many other countries, including the EU, Japan, and New Zealand do not, noting that the WIPO Internet treaties do not require it.

A brief summary of the key findings are posted below, but much more study is needed.

Internet Enforcement Chapter

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March 1, 2010 40 comments News