Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

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

The first two posts on the 32 Questions and Answers on Bill C-32's digital lock provisions focused first on general issues in the bill and second on C-32's circumvention exceptions.  Today's post discusses the missing exceptions – circumvention exceptions found in other countries but missing from the Canadian bill. For those that want it all in a single package, I've posted the full series as PDF download.

The Missing Exceptions

This section features answers to the following questions:

  • Does C-32 include "authorized circumventers" as is used in New Zealand to facilitate legal circumventions?
  • Are companies required to unlock locked content for legal purposes under C-32?
  • Does C-32 include an exception for non-infringing access, such as accessing DVDs from other regions?
  • Does C-32 include a circumvention exception for personal uses?
  • Does C-32 include a circumvention exception for digital archiving?
  • Does C-32 include a circumvention exception to protect minors?
  • Does C-32 include a circumvention exception for filtering software programs?
  • Does C-32 include an exception for circumventing digital locks that become obsolete or broken?
  • Does C-32 include an exception for court cases, laws, and government documents?
  • Bill C-32's digital lock provisions apply to copyrighted works.  Does that mean that public domain (ie. out-of-copyright) works are not affected?

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June 10, 2010 3 comments News

Australian Senator Kate Lundy on ACTA

Australian Senator Kate Lundy has posted a critique of ACTA, expressing concern about both its scope and secrecy.  Lundy endorses the Wellington Declaration as a good standard to apply to any IP trade policy consideration.

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June 10, 2010 Comments are Disabled News

Reuters Reports Interim ACTA Meeting on Friday

Reuters covers the growing clash over ACTA with countries such as India and China increasingly concerned with the proposed agreement.  The report indicates that an interim ACTA meeting is planned for this Friday in Geneva.

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June 10, 2010 Comments are Disabled News

Canadian Federation of Students on C-32

The Canadian Federation of Students has released a member advisory on Bill C-32.  The advisory concludes that the bill "is a reasonable attempt at creating a balanced Copyright Act, however, it is fundamentally undermined by its blanket protection for digital locks."

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June 10, 2010 Comments are Disabled News

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

Yesterday's post on the 32 Questions and Answers on Bill C-32's digital lock provisions focused on general issues in the bill, including compliance with WIPO, the penalty provisions, and their constitutional validity.  Today's post discusses the shortcomings in the anti-circumvention exceptions that are included in C-32.  With the exception of a new exception for cellphone unlocking, the exceptions are the same as those found in C-61 and a virtual mirror of the U.S. DMCA. For those that want it all in a single package, I've posted the full series as PDF download.

C-32's Circumvention Exceptions

This section features answers to the following questions:

  • Bill C-32 contains circumvention exceptions for encryption research and security testing.  Doesn't that address the research concerns?
  • Bill C-32 contains a circumvention exception for privacy.  Doesn't that address the privacy concerns?
  • Bill C-32 contains a circumvention exception for the visually impaired.  Doesn't that address those access concerns?
  • Bill C-32 contains a circumvention exception for interoperability.  Doesn't that address those concerns?

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June 9, 2010 17 comments News