Bill C-61 includes two exceptions relevant for researchers: an exception at Section 41.13 limited to encryption research (unlike the U.S. DMCA, encryption research is not defined) and security testing at Section 41.15, which could be construed to include security research on computer or network vulnerabilities. The impact of the anti-circumvention […]
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Toronto Fair Copyright Meeting
The Toronto chapter of Fair Copyright for Canada put on a remarkable event last night at the Edward Day Gallery. Alongside about 100 attendees, were several NDP and Liberal MPs including Charlie Angus, Peggy Nash, Guelph candidate Tom King, and Borys Wrzesnewskyj. More than half of the ridings in the […]
Red Hat Founder on C-61
IT World Canada has comments from Red Hat founder and Hamilton Tiger Cat owner Bob Young on Bill C-61.
61 Reforms to C-61, Day 24: TPMs – No Exclusion of Non-Infringing Access
Bill C-61's anti-circumvention approach ranks among the broadest of any statute in the world. One area where it is particularly (over)broad is in its failure to exclude non-infringing access. Under the current bill, Section 41.1(1) simply states that "no person shall circumvent a technological measure within the meaning of paragraph (a) of the definition of 'technological measure'". Technological measure "means any effective technology, device or component that, in the ordinary course of its operation controls access to a work. . . "
By using such a broad approach – any circumvention of any effective access control – the statute prohibits the circumvention of TPMs that have absolutely nothing to do with infringing copying. The most obvious example of this comes from the region coding found on DVDs and many computer games. Many DVDs include Macrovision (designed to stop copying a DVD to VHS), Content Scramble System or CSS (the subject of important litigation involving DeCSS, a software program created to allow Linux users to play DVDs since they were otherwise unable to do so due to CSS), and region coding.
Varsity on C-61
The Varsity focuses on the effects of the Canadian DMCA on students.