Dave Gorman, Victim Of A Bogus DMCA Takedown, Highlights Flickr's Horrible DMCA Takedown Policy

Review Of Canada's Copyright Bill Concludes, Digital Locks Survive

from the not-all-bad-but-not-all-good-either dept

Tue, Mar 13th 2012 4:16pm — Leigh Beadon

The clause-by-clause review of Bill C-11, Canada's new copyright legislation, has concluded. Michael Geist tirelessly live-Tweeted the committee discussion, and as it progressed one thing became clear: Canada is almost certainly going to be saddled with a DMCA-style anti-circumvention law (more commonly referred to here as the "digital locks" law) that would make it illegal to bypass copy protections, even for the purposes of making a completely legal, non-infringing copy such as a personal backup of a DVD. Both the Liberals and the NDP brought forth amendments that would have fixed this by clarifying that bypassing copy protection is only illegal if it is for the purposes of making an illegal copy, but the ruling Conservative government was unwilling to budge. They also defeated an amendment that would have fixed the digital locks exception for people with disabilities—an exception which exists, but is largely toothless as currently written.

The news isn't all bad—none of the more extreme changes lobbied for by the entertainment industry were accepted, and most were not even seriously considered:

The government's decision to leave the digital lock rules untouched is unsurprising but still a disappointment, since both opposition parties were clearly persuaded that such a change was needed. On the other hand, given the heavy lobbying by many groups demanding changes to fair dealing (all parties rejected calls for a new fair dealing test or limitations on education), user generated content (there were multiple calls for its removal), statutory damages (there were calls for unlimited damages), and Internet liability (there were calls for notice-and-takedown and subscriber disclosure requirements), the government's proposed amendments [were] relatively modest.

The bill is now on its way to the House of Commons for its third reading, with some of its best elements—expanded fair dealing, no notice-and-takedown—intact, along with its worst element: the digital locks provision. Though C-11 is not law yet, it's passage is all-but-guaranteed at this point, which means we may one day see a situation in this country like that in the US, where people have faced jail time for modding an Xbox (yes, that charge was later dropped, but a citizen never should have been dragged before a judge for modifying hardware they legally own in the first place). It's still important to make your voice heard: if you want to let the government know that you don't support the indirect criminalization of legal copying accomplished by the digital locks provision, today is the day to contact your Member of Parliament. Although the Conservative majority is putting its weight behind the bill, we learned with SOPA/PIPA that copyright and internet freedoms are not a partisan issue. It may be too late to stop the digital locks provision, but it would be good to see some serious debate in the House, and send a message that Canadians recognize what has happened: the Conservative government has used its majority to foist a bad law upon us at the behest of industry powers and U.S. diplomats, over the objections and best interests of the citizens it is supposed to serve.

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Filed Under: canada, circumvention, copyright, digital locks, dmca, drm

36 Comments

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TtfnJohn (profile), 13 Mar 2012 @ 4:58pm

Sigh....
It could be far worse than this.

While the Tories will be blasted for going as far as they did over digital locks and the possibility that someone may face jail time down the road as a result.

I'd like to remind Leah that the Liberals, in the past, when in a majority have rolled over and played dead to the demands of the "content" industry and U.S. diplomats and asking how high to demands of "jump" in every other issue outside of Canadian content. The NDP have done the same "for the artist" which is why we have a tax on blank media now as if we're all pirates.

Yes, it's bad law. It will probably sail through the Senate so we'll have to see what the courts say down the road when the inevitable happens.

Of course, the reality is that digital locks will continue to be broken with tiring regularity for the simple fact that consumers don't like them. Exactly the same situation as currently exists in the States.

I'd be curious to find out if the committee votes were whipped which may mean that buried in the background there IS some partisanship if for no other reason that the "content" industry for all its complaining goes nowhere without bags full of money.
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RL, 13 Mar 2012 @ 5:06pm

Misleading
I can't believe people don't realise how misleading all the "nice things" are. Because a company can simply put digital lock on it and it would render all those "nice things" useless.
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Anonymous Coward, 13 Mar 2012 @ 5:29pm

If the moose want to rebel now is the time.
Speak your piece of suffer for a very long time the consequences of being silent.
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John Doe, 13 Mar 2012 @ 5:33pm

The nice thing about these laws is...
The nice thing about anti-circumvention laws is they are basically toothless. I am no pirate, but I have started using a program to rip a DVD movie to my computer so I can view them on the run. Much like the Wal-Mart service for Ultraviolet except I don't have to drive to Wal-Mart with the DVD in one hand and cash in the other. So pass all the laws you want while the rest of the world continues to ignore them.
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John Doe, 13 Mar 2012 @ 5:34pm

Re: The nice thing about these laws is...
I failed to mention that I also plan to start renting more Redbox movies to rip to my computer and my tablet when I get it so I can watch them when I travel. I will delete them once I watch them so I am effectively time and place shifting them. So again, what effect will these laws have exactly?
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Joe, 13 Mar 2012 @ 6:09pm

This is one of the weaknesses of the Canadian parliamentary system. When you have a minority government, the opposition just bides their time before taking down the government when they think they can win a general election. When you have a majority government, they have no incentive to listen to alternative viewpoints or compromise on any issues. I'd really prefer exploring a plurality of political parties with coalitions made to form governments. While not perfect, they offer a number of advantages.
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Joe, 13 Mar 2012 @ 6:13pm

Re: Re: The nice thing about these laws is...
well in all likelihood, you'll see no effect. But the end result is still you are breaking the law and 'could' be charged.

You end up with a society where everyone is breaking the law and 'could' be charged. Wouldn't it be better to have a society where you can say 'I haven't done anything wrong, so you can't charge me with anything'?
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Anonymous Coward, 13 Mar 2012 @ 7:44pm

but a citizen never should have been dragged before a judge for modifying hardware they legally own in the first place)

You mean like modifying a semi-automatic rifle to fire full auto?
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Larry, 13 Mar 2012 @ 8:42pm

Re:
Yep. Even then, stupid. Would you rather be shot in the face with a single shot shotgun or a full automatic AK? Jeez!

Only reason that a citizen should be in court for any of that if that weapon was used in the commission of a crime and if you are already dead, what difference does it make?
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Anonymous Coward, 13 Mar 2012 @ 8:56pm

"yes, that charge was later dropped, but a citizen never should have been dragged before a judge for modifying hardware they legally own in the first place"

Marcus, this is why you are such an idiot.

Simply, modifying the hardware wasn't the issue - modifying and bypassing protections in software was. You are free to do whatever you want on the hardware side to your Xbox, there is no issue - what is an issue is using modchips to get around security or to otherwise modify the copyrighted code on the machine, which is only LICENSED to you, not sold to you.

I know it's a difficult concept, like walking and chewing gum. With lots of work, perhaps you will master both of them in your lifetime.
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tqk (profile), 13 Mar 2012 @ 9:29pm

Re:
This is one of the weaknesses of the Canadian parliamentary system. When you have a minority government, the opposition just bides their time before taking down the government when they think they can win a general election.

I've always considered that a strength, not a weakness. The less gov't can do, the less they can !@#$ things up more than they are. I'd rather pay for more elections than the results of a majority win.
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Anonymous Coward, 13 Mar 2012 @ 10:10pm

Re:
You do understand that modchips are created to bypass physical DRM on the machine and anyone who wants to mod something would have to do the same thing don't you?

Or are you just an idiot talking out of your ass?
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Hephaestus (profile), 13 Mar 2012 @ 10:54pm

Re:
I wont xxxxx in your mouth, the check is in the mail, and you have no reason to fear SOPA PIPA ACTA or the TPP.

Show of hands, who believes what he said?
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techflaws.org (profile), 14 Mar 2012 @ 12:00am

Re: The nice thing about these laws is...
The nice thing about anti-circumvention laws is they are basically toothless.

So why have them? A politician's kowtow to the industry to get them of their backs?
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Anonymous Coward, 14 Mar 2012 @ 1:58am

When technology figures out a way to circumvent law, there should never be a new law to answer that. All laws must remain static and never change. Only technology can change, not laws.
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Anonymous Coward, 14 Mar 2012 @ 4:00am

Re:
Excellent point, or it would be if it was about how some industry players are using technological means to give themselves far more control and claim more rights than copyright actually allows, then I think we would all agree the law does need to change to stop them taking advantage like that.
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Josef Anvil (profile), 14 Mar 2012 @ 4:25am

Re:
"When technology figures out a way to circumvent law, there should never be a new law to answer that. All laws must remain static and never change. Only technology can change, not laws."

This deserves a huge helping of WTF ?!?!???

Sarcasm aside, of course laws are meant to change. Hell, it would be nice if they did change instead of lagging behind the tech. Your sarcasm implies there are not enough copyright laws to keep up with technology. Have you ever considered that its time to change the laws so that the normal behaviors of customers (enabled by technology) are not criminalized?

Please spare us the rant about how everything will be free and no one will get paid and creation will disappear from the planet. TV didn't kill movies and video didn't kill the radio star.
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Ninja (profile), 14 Mar 2012 @ 4:33am

Re:
U mad, bro? The fact that laws take forever to be reviewed and changed to fit the evolution of technology and social behavior is the main reason we see this fucking mess in copyright and many other areas. I take it you agree that all the males that reach 16 yrs old should attend to mandatory archery classes? (some city in the Wales if memory serves has this in law even if it's not enforced)

Laws MUST change or rather adapt to times. Many of the new laws are not needed and their purpose could be fulfilled with a review of an existing one.
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Don, 14 Mar 2012 @ 5:28am

Response to: Anonymous Coward on Mar 13th, 2012 @ 7:44pm
I'm fairly sure firearms are regulated in a category of their own.
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Anonymous Coward, 14 Mar 2012 @ 5:53am

Flood the police stations
Harper and his crew suck. They should be flushed.

It would be nice to see 100 million people all pick the same day to turn themselves in to the police for breaking DRM to make legal backups of stuff they own.
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Steve R. (profile), 14 Mar 2012 @ 6:27am

The Concept of Sale Being Eliminated
Once again we have a new law that essential removes the property rights of buyers to the physical items that they supposedly buy. Not only that, but that the selling entity can, post-sale, do whatever it likes with the devices in the possession of the supposed buyer.

Do something the selling entity does not like. Go directly to jail, no due-process or appeal rights. Besides the concept of sale being eliminated, the legal process is being gutted.
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Michael, 14 Mar 2012 @ 7:03am

We have bigger problems.
Right now we have an illegitimate government that is doing everything in its power to subvert the parliamentary system in our country. Cheating in elections, labeling anyone who speaks out a terrorist, threatening activists, dismantling checks and balances... it goes on and on. We need to get rid of them before it is too late.
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fairusefriendly (profile), 14 Mar 2012 @ 7:31am

Re: Re: The nice thing about these laws is...
why don't you post your real name and address with the confession and find out.
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hegemon13, 14 Mar 2012 @ 7:34am

Re:
Before you spout off about hardware mods, you might want to learn a little about what the are and how they work. Your assertion about copyrighted code is BS. No one touches the code. The mod chip is a hardware modification the PHYSICALLY bypasses the BIOS chip and replaces it with itself. It doesn't take any code from the BIOS chip. It just allows the system to ignore it, and instead load different code that does NOT belong to Microsoft. In other words, you are loading your BIOS on your own hardware instead of Microsoft's BIOS on your own hardware.
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Anonymous Coward, 14 Mar 2012 @ 7:35am

Re: Re:
If the modchips actually completely bypassed all code on the machine, and didn't invoke any security routines, there would be no issue. But the modchips generally are to get around security locks, to bypass or modify software features, and so on. They change the copyrighted code to make the hardware work differently.

My point is that modifying the hardware istself isn't against the law - it's modifying the function of the software on board, the bypassing of security that is the issue.
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BigKeithO (profile), 14 Mar 2012 @ 10:18am

Re: Flood the police stations
There aren't 100 million people in Canada though... While cool, it could be hard to pull off.
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BigKeithO (profile), 14 Mar 2012 @ 10:21am

Re: We have bigger problems.
**YAWN**

While the PC's are making some pretty horrible moves that I don't agree with, and I'm from Alberta, they aren't quite as bad as you easterners make out.

Who would replace them? The Liberals? The NDP? Come on, get a clue. Illegitimate? Pretty sure they were voted into power in an election, this isn't Russia and Harper isn't Putin.
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Anonymous Coward, 14 Mar 2012 @ 11:11am

Re: We have bigger problems.
Uggg, not another rant about the "illegitimate" government. I'm so sick and tired or people saying that like a broken record. Has Canadian politics really dropped down to the level of American politics where people only refer to President Obama as Osama or just as "Obama" without the President honorific. Or worse yet those that don't recognize him as president because they claim he's a Muslim that wasn't born in the USA.

There was an election, the people voted, the Conservatives won. People then start saying but he only got 40% of the vote, so 60% didn't want him so someone else should run the country. Sure, only 40% voted for the Conservatives but only 30% voted for the NDP. That means 70% of Canadians didn't want them to run the country. Same goes with the Liberals with their 19%, 81% didn't want them. "First past the post" is not the best system out there, but it's the system that we are using and have been using for a long time, it's not like the Conservatives suddenly changed how elections are run to work better in their favor.

Yes, I voted for the Conservatives.
No, I do not support the digital locks.
Yes, I support some of their other decisions.
Yes, I do think Towes is a moron and should not be a MP and if you do not agree with me, you must be a child pornographer.

But you are a lair or at least a misguided idiot, if you are trying to tell me there is a political party that does everything that you want, while doing nothing you don't want. Also that that a party would not have a few bad apples that do stupid things.
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Anonymous Coward, 15 Mar 2012 @ 5:18am

Re:
Yes, it's just like that since automatic rifles and game consoles modified to play third party software both pose a significant public safety risk.

You're not serious with this shit are you?
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Anonymous Coward, 15 Mar 2012 @ 5:26am

Re:
So this legal fiction that software locks are sacrosanct no matter the purpose of bypassing them is ok because of another legal fiction where a copy of hardware you own contains a copy of the code that's somehow still owned by someone else. How do you remove the ownership of the copy of the code form the person who owns the media it is written on? Legal magic. Absolutely absurd legal magic.

The laws contradict one another, one says it's legal to do this that or the other and another says it's illegal to make that possible. We know what the letter of the law is, Marcus knows what the letter of the law is, and that's what's being pointed out is wrong. I know it's a difficult concept that someone could understand what is legal and what isn't and argue that something should be made legal but, with lots of work, perhaps you will master it in your lifetime.
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Anonymous Coward, 15 Mar 2012 @ 5:30am

Re:
I assume by 'technology figures out a way to circumvent law' you're referring to the DRM/digital lock schemes that circumvent law like fair dealing/use like format shifting? I think you're absolutely right and we should come up with a new law, or perhaps just repeal some old ones, so that this circumvention of the law by technological means does not stand. Unfortunately we have instead decided that the law should prevent circumvention of the technology.
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RichardM Stallman, 18 Mar 2012 @ 9:01am

The campaign against Canada's prohibition of breaking DRM (Digital
Restrictions Management) has been undermined by the metaphor of
"digital locks". That metaphor is weak because it fails to show
what's nasty about these malfeatures.

You probably have quite a few locks, perhaps on a dwelling place, a
locker, a car, a bicycle, a suitcase. They don't oppress you, they
serve you -- since you have the keys for them. Comparing DRM with
these locks makes it sound ok.

DRM is like a lock placed on you or your property by someone else.
You can't remove it because you don't have the key. In other words,
DRM is like a clamp on your car, or handcuffs on your hands.

That's why we call DRM features "digital handcuffs". If you want to
teach your MP why this provision is unjust, use that term. And don't
hesitate to say that Canada should defend its citizens from the
aggressor to the south.
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crade (profile), 19 Mar 2012 @ 12:33pm

The only purpose of the anti-circumvention laws is corruption. If it were not corruption, only circumvention for illegal purposes would be outlawed. There is no other possible explanation. If we allow this, we are encouraging corruption in our political system.
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crade (profile), 19 Mar 2012 @ 12:37pm

Re: Re: We have bigger problems.
heh, boring status quo to you perhaps, but cheating to gain advantage in elections is pretty important to some of us. This isn't Russia, and I personally would like to keep it that way.
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crade (profile), 19 Mar 2012 @ 12:38pm

Re: Re: The nice thing about these laws is...
The real problem isn't for individuals, it's for all the businesses that could/should be based on these circumventions. Imagine businesses who would restore your lost photos, games, whatever that were lost to DRM, or any number of other legitimate businesses that will be shut down for no honest reason.
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crade (profile), 19 Mar 2012 @ 12:43pm

Re: Re: We have bigger problems.
Just because "no one is perfect" doesn't mean we should pretend to be happy about it or that it is no big deal when we uncover corruption. If the party in power is corrupt, they should be thrown out at the next election. Anything else is encouraging it and means the corruption will only get worse. You have to at least keep it in check a little bit.
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