ARCHIVED — Michael MacPherson

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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 Michael MacPherson received on September 11, 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:

I write in regards to the wholly inneffective intellectual property provisions of the Consultation Paper on Digital Copyright Issues (CPCDI). Basing this law on the US Digital Millennium Copyright Act (DMCA), gives 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 restricted scientists' and computer security researchers' freedom of expression and ability to research and share findings around the world for fear of being prosecuted in the US. Results of the DMCA can be seen in the arrest of a Russian programmer. The CPDCI provisions, which serve no one but American corporate copyright interests, are just as convoluted 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. The invocation of this law will also do next to nothing to prevent the uses that are feared, since people will be able to circumvent the rules easily enough. I urge you to remove these controversial and anti-freedom provisions from the CPDCI language. The DMCA is already an international farce. Its flaws should not be imported and forced on Canadians.

Sincerely,

Michael MacPherson, MCSE, CCA
Director, Information Systems
North American Tea & Coffee
(address removed)

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