ARCHIVED — Leszek Kolodziejczyk
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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 Leszek Kolodziejczyk received on September 10, 2001 via e-mail
Subject: Canadian copyright reformTo Industry Canada, the Department of Canadian Heritage, the Intellectual Property Policy Directorate and other concerned agencies:
I would like to express my grave concern regarding the extreme intellectual property provisions of the Consultation Paper on Digital Copyright Issues (CPCDI).
These measures, based on the highly controversial 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. Do we have to follow and repeat their mistake? The American act has already made much damage by limiting scientists' and computer security researchers' freedom of expression around the world for fear of being prosecuted in the US. 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.
The publishing industry's arguments about limiting "widespread" piracy are just a smoke screen designed to give them almost unlimited power to charge the general public additional fees created according to their desires. The average user of their products does not engage in large scale pirating of copyrighted material. Any copying of such materials peformed by an average consummer is done for a personal convenience and easily falls under "fair use" description. Those who do such things on a large scale and for their own profit, will most likely continue to do so, regardless of any legislation.
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.
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