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

61 Reforms to C-61, Day 35: TPMs – Unnecessary Coverage of Circumvention Devices

I have spent much of the past month identifying problems with Bill C-61's anti-circumvention provisions.  While the bill misses many necessary exceptions and includes exceptions that do not withstand careful analysis, even the current list of exceptions pre-suppose that a person has the technical ability to circumvent.  There may be a group of Canadians with sufficient technical expertise to do so, but my sense is that the overwhelming majority would not even know where to begin. 

There are several mechanisms that could be used to address this issue (and note that it must be addressed or else even the meagre exceptions within C-61 will be illusory).  The first would be to ensure that the bill does not touch the legality of circumvention devices themselves.  

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August 8, 2008 6 comments News

61 Reforms to C-61, Day 34: TPMs – LAM and Educational Institution Limitations, Part Two

Yesterday's posting referenced the damages limitation for libraries, archives, museums, and educational institutions that limits their liability for "innocent circumvention" to an injunction only.  It is worth asking why this principle does not extend to all Canadians.  If the circumvention occurs for innocent purposes (ie. where the individual did not […]

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August 7, 2008 3 comments News

Fry on C-61

Liberal MP Hedy Fry, who has conducted several copyright reform roundtables in B.C. and Alberta, discusses the bill in this interview.  Fry says the question is whether the bill can be fixed or should be opposed outright.

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August 7, 2008 1 comment News

Canadian Heritage Publishes Fair Dealing Report

Canadian Heritage has posted Osgoode Hall law professor Pina D'Agostino's report on fair dealing and CCH decision.

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August 7, 2008 1 comment News

Macleans Settles Copyright Dispute

Macleans has settled a copyright dispute with Rachel Marsden, agreeing to pay $1000 over a photo it used in a recent issue.

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August 7, 2008 1 comment News