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Marc Lijour

Michael Geist - Pulling a Fast One?: Who Is Really Hurt By C-32's Missing Fair Dealing ... - 6 views

  • linking copyright infringement to circumvention is compliant with the WIPO Internet treaties, it is an approach that has been adopted by other countries, and it is one that has been promoted by many groups supportive of copyright reform
  • several countries have proposed or passed legislation that explicitly links circumvention with copyright infringement, including New Zealand, Switzerland, Canada (Bill C-60), India, and Brazil. 
  • Italy permits circumvention for private copying, Greece established a legal right to pursue access, and the Netherlands grants the Justice Department the power to decree access
  • ...6 more annotations...
  • Bill C-32 currently includes circumvention exceptions for several purposes including privacy, security research, and encryption. Adding fair dealing means adding five categories of new exceptions -  research, private study, news reporting, criticism, and review.
  • The second group of circumventers consists of those Canadians who believe that circumvention is a reasonable exercise of their consumer rights. These include Canadians who unlock their cellphones or format shift a DVD.
  • Consumers unlock their phones because they believe it is their property and they should be entitled to do so (the government agrees as there is an exception for this in C-32).
  • They similarly format shift DVDs because they reasonably believe that purchasing a DVD should entitle them to watch the DVD on the device of their choice
  • the sale of the products is often based on the presumption that the consumer will have the ability to unlock, make a backup, or format shift
  • If the law does not include a fair dealing circumvention exception, teachers will follow guidelines that prohibit circumvention as part of the educational process and students will be stopped from creating mashups or engaging with digital materials in certain ways.
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