Post Tagged with: "WIPO"

Setting the Record Straight: 32 Questions and Answers on C-32’s Digital Lock Provisions, Part One

The digital lock provisions have quickly emerged as the most contentious part of Bill C-32, the new copyright bill.  This comes as little surprise, given the decision to bring back the digital lock approach from C-61 virtually unchanged. The mounting public concern with the digital lock provisions (many supporters of the bill have expressed serious misgivings about the digital lock component) has led to many questions as well as attempts to characterize public concerns as myths.  In effort to set the record straight, I have compiled 32 questions and answers about the digital lock provisions found in C-32.  The result is quite lengthy, so I will divide the issues into five separate posts over the next five days: (1) general questions about the C-32 approach; (2) the exceptions in C-32; (3) the missing exceptions; (4) the consumer provisions; and (5) the business provisions.  For those that want it all in a single package, I've posted the full series as PDF download.

Before getting into the 32 questions, it is worth answering the most basic question – what are anti-circumvention or digital lock provisions?  The short answer is that they are provisions that grant legal protection to technological protection measures (TPMs).  In plainer English, traditional copyright law grants creators a basket of exclusive rights in their work.  TPMs or digital locks (such as copy-controls on CDs, DVDs, or e-books) effectively provide a second layer of protection by making it difficult for most people to copy or sometimes access works in digital format.  Anti-circumvention legislation creates a third layer of protection by making it an infringement to simply pick or break the digital lock (in fact, it even goes further by making it an infringement to make available tools or devices that can be used to pick the digital lock).  Under the Bill C-32, it would be an infringement to circumvent a TPM even if the intended use of the underlying work would not constitute traditional copyright infringement.

The C-32 Approach

This section features answers to the following questions:

  • Isn't the C-32 digital lock approach simply the required implementation to comply with the WIPO Internet treaties?
  • Penalties are reduced for individuals who circumvent for personal purposes.  Doesn't this solve the problem?
  • The digital lock provisions in C-32 appear to distinguish between copy controls and access controls.  Isn't that enough to address concerns about the bill's impact on fair dealing?
  • Are the digital lock provisions in C-32 constitutional?
  • Is it true that C-32 requires teachers and students to destroy some digital lessons 30 days after the course concludes?
  • Is it true that C-32 requires librarians to ensure that inter-library digital loans self-destruct within five days of first use?
  • The U.S. has a regular review of new exceptions every three years.  Does Canada plan the same?

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June 7, 2010 41 comments News

European Parliament Passes Resolution Calling on Canada To Support Moving ACTA to WIPO

With the Canada – European Union summit underway this week, the European Parliament has just passed a resolution that calls on Canada to support even greater ACTA transparency and to shift the negotiations to an international organization such as WIPO.  The full paragraph within the resolution states that the European […]

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May 6, 2010 10 comments News

World Trademark Review on ACTA and WIPO

The World Trademark Review has an interesting post on the opportunity for WIPO to re-engage in ACTA, following a request for answers from Members of the European Parliament.

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April 20, 2010 Comments are Disabled News

Conference Board of Canada Releases New IP Report, Backs Away From Prior Recommendations

The Conference Board of Canada has released its long-promised report on intellectual property policy in Canada.  Readers will recall that last spring the Board withdrew three reports funded by copyright groups after admitting that the reports contained plagiarized passages.  In fact, the copyright report recommendations and text were taken directly from the IIPA, the leading copyright lobby in the United States.

The new report, which weighs in at 113 pages, was completed by Ruth Corbin, a Toronto-based IP expert.  Corbin started from scratch, reading a broad range of materials, conducting interviews, and leading a private roundtable on the issue (I participated in the roundtable and met separately with her).  While there is much to digest, the lead takeaway is to marvel at the difference between a report cribbed from lobby speaking points and one that attempts to dig into the issues in a more balanced fashion.  Three examples:

First, the report puts intellectual property policy into perspective as just one portion of the innovation agenda, noting that over-protection can be lead to diminishing returns:

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February 10, 2010 19 comments News

“Slightly Divided We Stand”: The EU Ratification of the WIPO Treaties

The At last … the 1709 Copyright Blog points to the details of the EU ratification of the WIPO Internet treaties and the fact that a number of countries opted out of elements of those treaties by way of declaration.

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January 7, 2010 1 comment News