ARCHIVED — Vladislav Vainberg
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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 Vladislav Vainberg received on September 13, 2001 via e-mail
Subject: Comments - Government of Canada Copyright Reform
To Industry Canada, the Department of Canadian Heritage, the Intellectual Property Policy Directorate and other concerned agencies:
I write to you to express my opposition to and 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 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, and resulted in the arrest of a Russian programmer. Such actions, expanded onto a larger populace, will have a profound effect on development and distribution of new and innovative technologies, as well as limit our freedoms as citizens. In no way would the changes proposed enhance national security, should such an argument be used in light of recent events in the United States. The CPDCI provisions, which serve no one but 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 dealing, reverse engineering, computer security research and many others. Such luddite terminology will have far reaching repercussions for our freedom.
I urge you to remove these controversial and anti-freedom provisions from the CPDCI language. The DMCA is already an international embarrassment and a slap in the face of the free world. There is no reason why Canada should stand behind such unabashedly pro-corporate legislation, being financed and lobbied by the types of would-be monopolies such as Microsoft and the American recording industry. It is time for our lawmakers to stand behind the regular citizens, and not behind people motivated solely by greed.
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