Tag: Bill C-32

Turning up the rhetoric on C-32’s TPM provisionsTurning up the rhetoric on C-32’s TPM provisions



As Bill C-32 approaches second reading in the House of Commons, critics of legal protection for technological measures (TPMs) are dialing up their attacks on C-32’s anti-circumvention provisions. Regrettably, many of the criticisms are based on an incorrect understanding of the Bill.

A case in point is a blog posting by Prof. Geist in which he reported on comments made by NDP MP Charlie Angus in the House of Commons on TPMs Angus Files Petition, Comments on C-32 & Digital Locks.  

STM to Ministers Moore and Clement: C-32 will seriously prejudice rightsholdersSTM to Ministers Moore and Clement: C-32 will seriously prejudice rightsholders



STM, the International Association of Scientific, Technical and Medical Publishers, wrote a letter to Ministers Moore and Clement expressing their concerns with Bill C-32. The letter starts with the following introduction:

STM is making this submission to you, as STM and its members are seriously concerned about some of the provisions of Bill C-32 – the Copyright Modernization Act (“the Bill”). If enacted, these provisions would seriously prejudice STM publishing, Canadian publishers, authors and rightsholders generally. Moreover, these provisions, if enacted, would violate Canada’s international copyright obligations.

Are the TPM provisions in C-32 more restrictive than those in the DMCA?Are the TPM provisions in C-32 more restrictive than those in the DMCA?



The US Fifth Circuit Court of Appeals has revised its opinion in the MGE UPS Systems Inc. v. GE Consumer and Industrial Inc. 2010 WL 3769210 (5th.Cir. Sept. 29, 2010)  case  withdrawing entirely the discussion of whether a copyright violation is a prerequisite for a violation of DMCA Section 1201(a). Instead, it affirmed the dismissal of the DMCA claim solely on the lack of proof that any GE/PMI employee actually circumvented the access control TPM and because the DMCA TPM prohibitions do not apply to “using the software after some other party disabled the code requiring a” TPM.

Separating facts from hype about C-32Separating facts from hype about C-32



Some anti-copyright critics compare the proposed copyright amendments in Bill C-32 with the copyright laws of the US to argue that Canadian copyright law with Bill C-32 passed would be more restrictive than in the US. International comparisons of copyright laws can be a very useful tool to gauge how Canadian laws stack up with international standards and norms. Regrettably, anti-copyright advocates often make their case by inaccurately and misleadingly describing US law to make it look more permissive than it is and by describing Bill C-32 in ways that makes it appear more restrictive than it is.

copyrightgetitrightcopyrightgetitright



A new website has been established by 12 Canadian organizations concerned about the impact of C-32 on the sustainability of Canada’s vibrant creative industry. Called “copyrightgetitright” , the site asks Canadians to join them in “defending Canadian culture & heritage”.

The site provides five  “fast facts”on Bill C-32:

  1. C-32 has fundamental flaws that can and must be fixed:while it enhances copyright protections for some digital materials, it paradoxically introduces a long list of new exceptions that jeopardize the economic future of the knowledge workers and content producers at the heart of Canada’s digital economy.

Minister Moore’s Speech on C-32Minister Moore’s Speech on C-32



Heritage Minister Moore gave a speech yesterday at a meeting of the The International Chamber of Commerce (ICC). His focus was on Bill c-32, the Copyright Modernization Act. He made a number of important remarks about the goals behind the Bill. He also used the occasion to comment on some of the Bill’s main critics Here are some highlights of his speech.

Minister Moore stressed the contribution that the copyright industries make to Canada’s economy noting that they “cannot be underestimated, both in terms of stimulating investment and creating jobs”.

Some thoughts on Bill-C-32: An Act to Modernize Canada’s copyright lawsSome thoughts on Bill-C-32: An Act to Modernize Canada’s copyright laws



At long last we have the Government’s proposed copyright amendments: Bill, C-32 the Copyright Modernization Act. The new Bill aims to address gaps in the current Copyright Act created by the Internet and other digital technologies in line with international standards.

This Bill is substantially different from its predecessors Bills C-60 and C-61 and reflects new thinking by the Government on how best to modernize the Act. While the Bill is an advancement over previous attempts at copyright reform, it will require amendments to ensure it accomplishes the goals set out by the Government and does not introduce unintended consequences.