ARCHIVED — Steve Mulder
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Copyright Reform Process
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Submission from Steve Mulder received on September 16, 2001 via e-mail
Subject: Consultation Paper on Digital Copyright Issues
Regarding the Consultation Paper on Digital Copyright Issues:
I am an Engineer in Windsor Ontario. I work with computers and use the internet every day.
I have read about some of the fallout from the Americam DMCA, and I hope we do not copy that awful piece of legislation here. I have read about well meaning people being charged with federal crimes merely for pointing out security flaws, and security/encryption researchers being reluctant to publish their work for fear of prosecution under the DMCA.
I would like to address the three discussion points highlighted on your web page http://strategis.ic.gc.ca/SSG/rp01100e.html
1/ "set out a new exclusive right in favour of copyright owners, including performers and record producers, to make their works available on-line to the public; "
I believe this should be treated pretty much as it is for print media. No one should be publishing or distributing copyrighted material without the copyright holder's permission. There should be exceptions for "fair use" such as backup or excerpting for reference purposes.
2/ "prevent the circumvention of technologies used to protect copyright material; and,
3/ prohibit tampering with rights management information."
On points 2 & 3, don't even go there with legislation. If the recording or software industries want to sell products with anti-copy features built in, that's fine. Consumers can take it or leave it.
Proposed legislation in the U.S. suggests mandating copy protection in all computer hardware. That is complete nonsence. Do you know anyone who bought a digital audio tape (DAT) recorder?
Points 2 & 3 presume some sort of guilt on the part of people who have paid for their music or software. Some users of the Linux operating system resorted to "cracking" the protection on DVD's because there was no other way to view the DVD's on their systems. Should that be a Federal offence?
Further, points 2 & 3 tend to stifle free speech and research. For accounts of this, I refer you to some of the stories that have been posted on slashdot.org and theregister.co.uk .
I believe in copyright law, and the copyright holders should be able to stop people who publish or distribute copyrighted materials without permission.
But please do not introduce legislation that deals with "circumvention" or "tampering". The DMCA is a disaster, and we should not copy it here.
Steve Mulder
(Address removed)
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