Post Tagged with: "drm"

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

30 Days of DRM – Day 27: Government Works (DRM Policy)

Government use of DRM represents a particularly difficult issue. Some argue that government should never use DRM systems (thereby eliminating the need for a circumvention right), maintaining that it runs counter other government priorities such as openness and accountability. Even governments themselves have acknowledged the problems associated with DRM. Last week, New Zealand issued guidelines on government use of DRM and trusted computing systems featuring a lengthy list of precautions and safeguards. They included requirements of minimal restrictions on content, assurances of future accessibility, full respect for privacy rights, retention of government control over a DRM-free version, and full access for all parties entitled to obtain the public information.

The Canadian government response to the DRM must address several issues.

September 14, 2006 — 1 comment — News

30 Days of DRM – Day 26: Investigation of Concealed Code (Circumvention Rights)

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" […]

September 13, 2006 — 2 comments — News

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 […]

September 11, 2006 — Comments are Disabled — News