Gregory James Moulds
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COPYRIGHT REFORM PROCESS SUBMISSIONS RECEIVED REGARDING THE CONSULTATION PAPERS
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Submission from Gregory James Moulds received on September 8, 2001 via e-mail
Subject: Canadian copyright reform
To Industry Canada, the Department of Canadian Heritage, the Intellectual Property Policy Directorate and other concerned agencies:
In response to the government's request for comments on the "Consultation Paper on Digital Copyright Issues" (CPCDI), I write to express my grave concern regarding the extreme intellectual property provisions contained therein.
It is my opinion that the proposed measures, based on the US Digital Millennium Copyright Act (DMCA), give far too much power to publishers, at the expense of indivdiuals' rights. The DMCA itself is already under legal challenge in the US, has gravely chilled scientists' and computer security researchers' freedom of expression around the world for fear of being prosecuted in the US.
This fear is not unjustified as the DMCA has resulted in the arrest of a Russian programmer in the US for writing a program which can disable the security" features of a technology. No weight was given to the fact that the same disabling of "security" can be performed by any knowledgable computer user by hand (i.e. without the Russian's program).
I do not want to live in a country where a trivial program that I write for my own amusement can be used to prosecute me and have me thrown in jail. My fair use rights should guard against this scenario. The DMCA does away with fair use rights.
The CPDCI provisions, which serve no one but (largely American) corporate copyright interests, are just as overbroad as those of the DMCA. These provisions would amend the Canadian Copyright Act to ban, with few or no exceptions, software and other tools that allow copy prevention technologies to be bypassed. This would violate the Charter of Rights and Freedoms guarantee of freedom of speech, and similar guarantees in the UN Universal Declaration of Human Rights, since such tools are necessary to exercise lawful uses, including fair use, reverse engineering, computer security research and many others.
I urge you to remove these controversial and anti-freedom provisions from the CPDCI language. The DMCA is already an international debacle. Its flaws should not be imported and forced on Canadians.
Gregory James Moulds
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