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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 Fergal Warde received on September 10, 2001 via e-mail
Subject: Proposed Copyright AmendmentsTo Industry Canada, the Department of Canadian Heritage, the Intellectual Property Policy Directorate and other concerned agencies: I write 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 US Digital Millennium Copyright Act (DMCA), give far too much power to publishers, at the expense of individuals' 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, and resulted in the arrest of a Russian programmer. 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.
We, as Canadians, have always prided ourselves on being different from Americans, not always taking the same views on different things, such as foreign policy, environmental policy, etc. If this Canadian DMCA is implemented, we'll have sold our country and our rights as Canadians to American corporations in unimaginable ways. Our identity as Canadians and our rights as Canadians will cease to exist. I direct you to look at what the DMCA has done in the US, causing unimaginable outrage and controversy. We should not allow this to happen in Canada. I plead with you to keep free speech and fair-use of copyright alive.
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