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
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.