ARCHIVED — Jason Maynes
Archived Content
Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.
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 Jason Maynes received on September 10, 2001 via e-mail
Subject: Comments - Government of Canada Copyright Reform
This letter it submitted as feedback on the Consultation Paper on Digital Copyright Issues (CPCDI).
As a Canadian citizen currently living and working in the United States, I am extremely alarmed to learn that Canada may enact laws along the same lines as the US Digital Millennium Copyright Act (DMCA). The US DMCA covers the very same issues the CPCDI proposes to address. Based upon the effect of the DMCA in the United States, it is clear that such laws are very difficult to enact without negatively affecting the existing rights of citizens.
At this time, the DMCA has not been fully tried in US courts, so there are no precedents to limit its application. However, it is clear that in its current form the DMCA favors copyright holder interests at the expense of consumer "fair-use" rights. Further, the DMCA limits professional and academic free-speech rights by making illegal the discussion or disclosure of any information pertaining to copyright enforcement software (or rights management software). Examples have come to US courts this year (Felton vs. RIAA, 2600 vs. MPA, Sklyarov vs. US), but none of the first cases have been settled yet.
It appears to me that the DMCA is primarily a manifestation of the concerns of corporate copyright holders and that it has largely failed to provide for the rights of the citizens it covers. It would be a travesty to see the Government of Canada show the same lack of regard for citizen's rights when enacting laws designed to address the concerns of copyright holders. As such, I urge Canadian lawmakers to take a strong look at the negative impact of the the DMCA in the United State and to exclude from the Canadian Copyright Act any amendment that might lead to similar negative consequences. Specifically, do not ban the creation/distribution/discussion of tools that bypass copyright enforcement software, and allow for reverse engineering and security research. Above all, allow for "fair-use" of copyrighted material to continue unrestricted.
Sincerely,
Jason Maynes
- Date modified:
