Interesting article in the Globe and Mail describing how Avril Lavigne has earned about $2 million for herself, songwriters, and music publishers from YouTube.
Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
The Canadian Copyfight 2.0
Last week, I delivered a talk to the Toronto Fair Copyright for Canada chapter that chronicled the Canadian copyfight and stressed how important it is for Canadians to speak out now on the Canadian DMCA. Audio and slides of that talk have been posted on Blip.tv and embedded below. A […]
The Canadian Copyfight 2.0
Last week, I delivered a talk to the Toronto Fair Copyright for Canada chapter that chronicled the Canadian copyfight and stressed how important it is for Canadians to speak out now on the Canadian DMCA. Audio and slides of that talk have been posted on Blip.tv and embedded below. A […]
61 Reforms to C-61, Day 28: TPMs – Interoperability Exception, Linux and DVDs
The emergence of open source software as a powerful alternative to proprietary software models has been an important business and societal development. Open source software is today widely used by consumers (e.g., Firefox browser) and businesses (e.g., Linux operating system, Apache web server). From a policy perspective, the Canadian government's professed goal is to create a level playing field so that the marketplace rather than laws will determine marketplace winners. It has opposed attempts to create policy preferences for open source (over the objection of some advocates and countries) instead favouring a more neutral approach.
Notwithstanding the claims of neutrality, Bill C-61 creates significant marketplace impediments for open source software. Achieving a level playing field requires interoperability so that differing computer systems can freely exchange data. The bill includes an interoperability provision at Section 41.12 which states that the anti-circumvention provisions do not apply to:
a person who owns a computer program or a copy of it, or has a licence to use the program or copy, and who circumvents a technological measure that protects that program or copy for the sole purpose of obtaining information that would allow the person to make the program and any other computer program interoperable.
The problem with this provision is that it does not extend far enough to maintain a level playing field.
61 Reforms to C-61, Day 27: TPMs – Encryption Research Exception Restricts Peer Review
Bill C-61's encryption research exception also potentially creates a restriction on peer review, an essential part of the scientific process. The current exception at Section 41.13(3) provides that circumvention devices (ie. software programs) may be distributed if for the purpose of encryption research and the researcher:
(a) uses that technology, device or component only for that purpose; or
(b) provides that technology, device or component only for that purpose to another person who is collaborating with the person
In other words, a circumvention device distributor can provide it to an encryption researcher and the researcher can provide it to other researchers with whom they are collaborating. While this covers access to circumvention devices for encryption researchers and their research team, it would not appear to cover non-affiliated researchers who might be asked to conduct peer review on the encryption research.
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