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Old 11-08-2012, 11:30 AM   #8
pdurrant
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Location: Norfolk, England
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Quote:
Originally Posted by ficbot View Post
It states that if a digital lock is present, you are not permitted to break it---even if you are doing so in order to do something that is otherwise permitted.
Michael Geist also says "Under Canadian law, it is not an infringement to possess tools or software that can be used to circumvent digital locks and liability is limited to actual damages in non-commercial cases."

That's from section 41.1 (3): "The owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording in respect of which paragraph (1)(a) has been contravened may not elect under section 38.1 to recover statutory damages from an individual who contravened that paragraph only for his or her own private purposes."

So any case brought in Canada for removing DRM can only recover actual damages. Which are zero in the case of DRM removal from purchased ebooks for personal use.

Of course, anyone actually selling DRM removal software in Canada is now subject to a fine of up to $1million and/or up to five years in prison.

Last edited by pdurrant; 11-09-2012 at 06:05 AM.
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