Post Tagged with: "right to repair"

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The Law Bytes Podcast, Episode 169: Alissa Centivany and Anthony Rosborough on Repairing Canada’s Right to Repair

The right to repair would seem like a political no-brainer: a policy designed to extend the life of devices and equipment and the ability to innovate for the benefit of consumers and the environment. Yet somehow copyright law has emerged as a barrier on that right, limiting access to repair guides and restricting the ability for everyone from farmers to video gamers to tinker with their systems. The government has pledged to address the issue and Bill C-244, a private members bill making its way through the House of Commons, would appear to be the way it plans to live up to that promise.

Alissa Centivany, an assistant professor in the faculty of information and media studies at Western University and the principal investigator of a SSHRC-funded research project on the right to repair and Anthony Rosborough, who completing his doctoral thesis at the European University Institute in Florence and is set to take up a joint appointment in Law and Computer Science at Dalhousie University later this year, have been two of the most outspoken experts on this issue in Canada. They join me on the Law Bytes podcast to talk about why the time has come for government action, their experience before a House of Commons committee on the bill, and unpack some of the confusion arising from late breaking amendments.

Canadian Copyright Digital Lock Rules Finally Open to Reform?: Right to Repair and Interoperability Exceptions Advancing in House of Commons

Canadian anti-circumvention laws (also known as digital lock rules) are among the strictest in the world, creating unnecessary barriers to innovation and consumer rights. The rules are required under the World Intellectual Property Organization’s Internet Treaties, but those treaties leave considerable flexibility in how they should be implemented. This is reflected in the countless examples around the world of countries adopting flexible anti-circumvention rules that seek to maintain the copyright balance. Canada was pressured into following the restrictive U.S. approach in 2012, establishing a framework is not only more restrictive than required under the WIPO treaties, but even more restrictive than the U.S. system.

One of the biggest differences between Canada and the U.S. is that the U.S. conducts a review every three years to determine whether new exceptions to a general prohibition on circumventing a digital locks are needed. This has led to the adoption of several exceptions to TPMs for innovative activities such as automotive security research, repairs and maintenance, archiving and preserving video games, and for remixing from DVDs and Blu-Ray sources. Canada has no such system as the government instead provided assurances that it could address new exceptions through a regulation-making power. In the decade since the law has been in effect, successive Canadian governments have never done so. This is particularly problematic where the rules restrict basic property rights by limiting the ability to repair products or ensure full interoperability between systems.

The Law Bytes Podcast, Episode 112: Aaron Perzanowski on the Right to Repair

The right to repair, whether consumer electronics, farm machinery or even health and medical equipment, is an issue that affects everyone. Given the implications for consumer and property rights, the sustainability of the agricultural sector, and protecting the environment, ensuring a right to repair would seem like an obvious political winner. Yet the issue has lagged, not the least of which because of restrictive copyright laws that can limit the ability to repair personal property.

Aaron Perzanowski is a law professor at Case Western Reserve University School of Law in Cleveland, Ohio and the Associate Director of the Spangenberg Center for Law, Technology & the Arts. Professor Perzanowski is the author of the forthcoming book, The Right to Repair, to be published by Cambridge University Press early next year. He joins the Law Bytes podcast to explain why the right to repair matters, how copyright fits into this, and what reforms are needed to address the issue.