The OECD has released a new report on DRM disclosure concerns. The report highlights consumer issues involving copy-controls and other DRM systems.
Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
A New Voice
The Canadian music market has experienced some dramatic developments in recent months, most notably Nettwerk's decision to speak out against file sharing lawsuits (with financial backing of a U.S. defendant in one case), the CRIA/Pollara study, and the recent departure of six leading Canadian independent labels from CRIA. While those […]
Industry Associations Not Immune to Tech Effect
My weekly Law Bytes column (Toronto Star version, homepage version) examines the recent resignations of six leading Canadian independent record labels from the Canadian Recording Industry Association as part of a larger trend of pressure on longstanding industry associations. In that regard, the column discusses the CCTA's decision to disband […]
Copyright Law and the Law
This week Slaw is hosting a theme week on copyright and asked me to kick things off with a guest post. I've cross-posted below but head on over to the site and join in the discussion.
While the timing of a new Canadian copyright reform bill remains a mystery, there is little doubt that lawyers will play an important role whenever the successor to Bill C-60 is unveiled. Whether as advocates, lobbyists, counsel, or independent experts, copyright reform invariably unleashes a torrent of conferences, workshops, papers, blog postings, and opinion pieces prominently featuring members of the legal profession.
Often missing from the process, however, is discussion about the impact of copyright law on the law. The bar's lack of participation in assessing copyright law's impact on the legal profession is unfortunate, since the legal perspective would add an important dimension to the debate. Indeed, it is no coincidence that arguably the most important Supreme Court of Canada copyright law in recent memory – CCH Canadian v. Law Society of Upper Canada – struck directly at the intersection between copyright and the law.
If the legal profession were to become engaged in the copyright reform process with itself as the client, what issues might it address? I'd like to cite four as a starting point and encourage Slawyers to add to the list. My four include:
The Legal Limits of Government Tinkering With Technology
My weekly Law Bytes column (Toronto Star version, homepage version) uses the recent French Parliament law involving interoperability and Apple's DRM as the basis for a discussion of governments that tinker with technology through regulation. The law should be understood as a logical reaction to mounting consumer frustration with technological limitations on their purchases and a desire for balance in copyright.
Although the French law may appear to be unique, many governments regularly tinker with technology through regulation. For example, the Liberal government last year introduced "lawful access" legislation that would have required Internet service providers to dramatically overhaul their networks by inserting new surveillance technologies. Similarly, the U.S. established "broadcast flag" requirements that would have mandated the inclusion of copy-controls within a wide range of electronic devices (a court struck the requirements down as unconstitutional).
Moreover, experience demonstrates that the private sector may not respond to consumer demands to offer compatible products. The satellite radio market provides a recent example, with the two major providers – XM and Sirius – steadfastly refusing to offer a device that supports both services despite the fact that they have jointly developed just such a product.
With government intervention looming as a possibility and the private market unlikely to resolve compatibility concerns, what principles should regulators adopt to provide all stakeholders with greater certainty about the appropriate circumstances for lawmakers to tinker with technology?
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Queen’s University Trustees Reject Divestment Efforts Emphasizing the Importance of Institutional Neutrality
