ARCHIVED — Jeff Robinson
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 Jeff Robinson received on September 13, 2001 via e-mail
Subject: Proprosed provisions the the Canadian Copyright Act
To Industry Canada, the Department of Canadian Heritage, the Intellectual Property Policy Directorate and other concerned agencies:
In response to the proposal of extreme intellectual property provisions addressed in the Consultation Paper on Digital Copyright Issues (CDPCDI), I write this letter; not only as Canadian citizen, but a graduate from a recognised Canadian School of Art with some personal stake in copyright issues.
The proposed measures, based on the United States Digital Millennium Copyright Act (DMCA)will server to give far too much power to publishers at the expense of the rights of the individual. Already the DMCA is under legal challenge, as it has proven to inhibit the freedom of professionals such as scientists and computer security researchers; causing the very act of their professions to expose them to prosecution in the United States of America. A case in point is the arrest and subsequent "imprisonment" of a Russian programmer. Together, both the CPDCI and the DMCA only serve to strengthen the copyright interests of (largely American) corporations. The overly-broad provisions of the CPDCI have a strong potential of negatively impacting average Canadian citizens; inhibiting research and development in many fields, exposing our citizens to prosecution or control by foreign interests or allowing our own laws to make us into a "nation of criminals."
Indeed, amending the Canadian Copyright Act with the proposed provisions would serve to ban with few or no exceptions, software and other tools that allow the bypass of copy prevention technologies. Indeed, first and foremost this would serve to remove rights from the individual that already granted by the Canadian Copyright Act. To create a backup of, or to use in means outlined by "fair use", media which features any form of copy prevention technology would become a criminal act. This would also apply itself to the fields of reverse engineering and computer security research, making these acts violations of the Copyright Act as well. To propose this would violate the Charter of Rights and Freedoms guarantee of freedom of speech, and similar guarantees in the United Nations Universal Declaration of Human Rights.
As a concerned Canadian citizen, I strongly urge the government not only to remove these controversial and anti-freedom provisions from the CPDCI language, but to take a more proactive stance. Afford the Canadian citizens not only the rights they currently enjoy, but put into place a system where the population could give due compensation to copyright holders (such as artists and musicians, instead of the corporations) for the use of their works. Reward the artistic, scientific and cultural development of the nation, instead of the distinct penalties of a DMCA-like amendment that serves to give up the rights of individuals in favour of the corporation.
The flawed notions of foreign laws should not be imported and forced upon Canadians.
Sincerely,
Jeff Robinson
(Address removed)
- Date modified:
