ARCHIVED — Marco De la Cruz

COPYRIGHT REFORM PROCESS

SUBMISSIONS RECEIVED REGARDING THE CONSULTATION PAPERS

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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.

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Submission from Marco De la Cruz received on September 14, 2001 via e-mail

Subject: Comment on CONSULTATION PAPER ON DIGITAL COPYRIGHT ISSUES

Comments - Government of Canada Copyright Reform
c/o Intellectual Property Policy Directorate
Industry Canada

To Whom It May Concern,

A comment on Section 4.2 (Legal Protection of Technological Measures) of the CONSULTATION PAPER ON DIGITAL COPYRIGHT ISSUES.

Trying to define what constitutes a "circumvention device" seems like a losing proposition, especially since all electronic transmissions must be decoded in some way or another. Complicating matters further is the fact that the device's intended use may be perfectly legal, such as decoding works which have fallen into the public domain. Copyrighted works themselves can be legally copied under "fair use" provisions. More worrisome are the possible abuses which may arise due to the fact that circumvention devices consist in large part of mathematical algorithms. Should these algorithms be banned? This is a troublesome prospect in light of Section 2(b) of the Canadian Charter of Rights and Freedoms.

I appreciate the opportunity you have given Canadians to express their concern regarding this matter, and hope that through consultation and constructive criticism a better compromise may be reached.

Sincerely yours,

Marco De la Cruz, Ph.D.
(Address removed)