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COPYRIGHT REFORM PROCESS
SUBMISSIONS RECEIVED REGARDING THE CONSULTATION PAPERS
Documents received have been posted in the official language in which they were submitted. All are posted as received by the departments, however all address information has been removed.
Submission from Gord R. Lamb received on September 8, 2001 1:58 PM via e-mail
Subject: CPCDI concern
Hello,
I am a Canadian citizen residing in Montreal, QC. I recently learned of
your request for comments regarding the implementation of a Canadian
version of the controversial American DMCA (Digital Millenium Copyright
Act), through provisions of the Consultation Paper on Digital Copyright
Issues (CPCDI). I would like to voice my concern.
To anyone who has studied the history of the United States - from the inception of an independent democracy to the frequent creation and repeal of unjust law - the DMCA appears to be a gross perversion of both copyright law (practically, and in spirit) and the American constition.
It seeks to impose the criminal status on individuals who would otherwise be practicing constitutionally protected freedoms, while having a questionable effect, if any, on those who are already criminals - those who wilfully violate copyright law. It allows for the criminalization the act of making fair use (media excerpts, backup copies, transfers of ownership, research for the purpose of publishing, use under unsupported or unapproved digital devices, and others) of copyrighted material, because these fair uses can be controlled through the use of encryption.
Where formerly these would have been civil issues (contract violation), they become criminal issues.
This, as we have seen recently in the United States, has already begun to have a chilling effect on scientific research (see the cases regarding Dmitry Sklyrov, Dr. Felten, and Jon Johansen - all of whom were enguaged in previously protected activities for the good of the public). Of course, the frightening commonality in each of these cases is that the requests for prosecution were perpetrated by large media centric, for-profit corporations.
At the end of the day, many criminal acts can be prevented through proactive prosection, criminalization of related activity, and errosion of fundamental privacy.
But as a citizen of Canada, I oppose these excessive measures. To me, living in a free country means being given the choice to use tools for good or bad purposes. It is the trust instilled by the Canadian government and the Canadian people which makes this country great.
I urge the Canadian government to maintain the fair, delicate balance between copyright holders and individuals, and to remove the overbroad, anti-consumer provisions of CPDCI.
Sincerely,
Gord R. Lamb
Sr. Systems Architect
[Address, phone and fax numbers removed]
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