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Old 06-05-2010, 06:59 PM   #1
Wetdogeared
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On the table: DRM trumps fair dealing (Canada)

The Harper government introduced Bill C-32 in parliament this week which is supposed to modernize, and clarify, the copyright laws regarding digital media. Geared toward games, television, music and other digital content, it will encompass eBooks.

After a failed attempt of a similar bill, derailed by the prorogation of Parliament in 2008, it appears they have caved to pressure from US and international lobbyists demanding adherence to international copyright treaties it has signed. This bill still has to go through the amendment process in parliament and is subject to change and as yet "not chiselled in stone."

There are numerous interpretations and highlights of the bill in the news links below, but simplified, as I read them, it seams that copying and format shifting digital media for personal use will become legal, but not if you have to circumvent DRM to do it. Publishing/distributing any method to circumvent DRM will also be subject to fines. Not sure if I interpreted it right or not!

Here are a few of the many news items:

"Canadian DMCA" defends DRM, legalizes DVRs (By Nate Anderson ~ ars technica)
Quote:
But the big new enforcement piece is the DMCA-style DRM provisions. Bypassing DRM won't be allowed except in a few narrow cases. Just as in the US, the bill makes no exception for legal uses; DRM trumps fair dealing. Circumvention software and devices would also become illegal to sell or distribute
Copyright bill takes a good shot at a moving target (Globe and Mail)
Quote:
The bill implements many long-needed fixes. Copying for personal and non-commercial use will be explicitly legal. Using copyrighted works for parody, satire and educational purposes is essential in a free, progressing and democratic society, and these activities will also be protected.

It also creates new protections for creators, who can decide to use digital locks to restrict access to their work. The right to use the locks is unconditional, trumping the rights it grants to consumers.
Clement defends new copyright bill, provisions for those who break digital locks (by Ciara Byrne ~ The Canadian Press)
Quote:
"If the industry has decided that their business model is such that they need to have the digital lock, they have the right to protect that digital lock from hacking."
Canadian copyright bill is out - Still too close to US DMCA (by Spencer Dalziel ~ the INQUIRER)
Quote:
The bill does stick with US style DRM legislation. There will be no mitigating circumstances like fair use for getting around DRM enforcement.
DRM concerns are highlighted in the following video created at the Vancouver Film School, which recently won the school's award for public enlightenment.

terms&conditions (by mediamold)
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Old 06-05-2010, 07:09 PM   #2
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Ouch. That doesn't sound like good news at all.
I mean, come on people, circumventing drm for your own use is hurting no one, surely?

I would love to hear about a proposed legislation that aims to outlaw drm instead, for once.
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Old 06-05-2010, 07:38 PM   #3
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If you can break DRM they can't force you to buy a new copy every time they introduce a new format or you buy new hardware. That's a big part of their buisness model, you buy the white album as a LP, then an 8-track then a cassette then a cd then on itunes (ooops no drm end of the line). If they allowed fair use for things like backups you'd only have to buy something once and all those poor media executives wouldn't be able to afford 2 private jets this year. I mean they deserved to be paid for their work screwing consumers right? Not get taken advantage of by a bunch of freeloaders who don't want to pay extra to rip a cd to their ipod
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Old 06-05-2010, 07:59 PM   #4
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It also creates new protections for creators, who can decide to use digital locks to restrict access to their work.
The saddest thing is that there are probably people who think that they are protecting the creators by outlawing drm stripping. No idea what their actual thought process is, if any.

In any case, they can't really enter your house or look at your readers and say: "Aha! You bought this as a kindle book and now you read it on your sony! Busted!" Or can they?
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Old 06-05-2010, 08:41 PM   #5
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This is going to end up like the situation with pot smoking. You get pulled over, and the officer asked you if he can search your car for "weapons". In the process, he finds your Kindle on the console, in plain open sight, and since you've already given up all your rights after allowing the search, he checks it out and finds ebooks with DRM removed (he thinks), one of the new IP laws they have to enforce. You are now under arrest. Let's see, recently the movies guys are filing lawsuits for $150,000 per person for copying a movie, so a book is worth what, $100,000? So now you've got to make a $10,000 bail. Of course, in our society, we presume anyone is innocent until proved guilty, right? And of course, we have some people, actually members of this forum, that will try to say that the civil act of IP violation is a criminal act, so we can expect some jail time also, right? I mean now we are (I've been hearing this lately) of jailing or even sentencing someone to what, death? for IP violations?

This stuff is going too far. Better look out... history can repeat itself.
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Old 06-05-2010, 08:42 PM   #6
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Originally Posted by omk3 View Post
In any case, they can't really enter your house or look at your readers and say: "Aha! You bought this as a kindle book and now you read it on your sony! Busted!" Or can they?
Probably not practical at the personal use level, and somewhat Orwellian for them to find out, as the video stated, but clearly breaking the law if you remove DRM if this bill is passed.
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Old 06-05-2010, 08:49 PM   #7
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Probably not practical at the personal use level, and somewhat Orwellian for them to find out, as the video stated, but clearly breaking the law if you remove DRM if this bill is passed.
And once everyone is a criminal because they ripped a cd to their ipod or photocopied a few pages out of a book or even worse emailed an mp3 to a friend and said you gotta check out this band they have a ready made excuse to go after anyone they don't like. The thing about laws is someone is always going to find a way to abuse the hell out of them so you have to be really careful about what CAN be done not just what they say will be done.
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Old 06-05-2010, 08:56 PM   #8
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Originally Posted by omk3 View Post
In any case, they can't really enter your house or look at your readers and say: "Aha! You bought this as a kindle book and now you read it on your sony! Busted!" Or can they?
Actually, the IBSN number is different for each format type. And I've noticed that my eReader and (I think) Mobipocket ebooks have a note in the copyright section about being an eReader or Mobipocket edition.

The average cop today probably wouldn't know the difference, but it doesn't mean they couldn't figure it out.
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Old 06-05-2010, 11:00 PM   #9
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Old 06-05-2010, 11:35 PM   #10
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Wonder if this will come to the U.S. This just means that I'll be buying an android reader once they come out.
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Old 06-05-2010, 11:54 PM   #11
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Wonder if this will come to the U.S. This just means that I'll be buying an android reader once they come out.
it came to the US years ago its called the DMCA
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Old 06-06-2010, 12:50 AM   #12
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I hear Eben Moglen's voice in my head every time one of these stupid, backwards laws comes up again. That soft, comforting voice that seems prescient in its wisdom, hopeful in its painting of our world, and confident in the winning of the battles ahead:

Here, I made this, won't you take some? It's free.*

*This post written on a Windows 7 machine and I'm fully aware of the awful irony.
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Old 06-06-2010, 07:18 AM   #13
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Quote by Eben Moglen, wikipedia:
Quote:
On the subject of Digital Rights Management, Moglen once said, "We also live in a world in which the right to tinker is under some very substantial threat. This is said to be because movie and record companies must eat. I will concede that they must eat. Though, like me, they should eat less."
So, will we have to be reduced to changing the titles and metadata of our de-drmed books so that they won't be detected? Or stop buying drm at all? (good option) Because I sure as hell am not going to buy anything twice just because it's 'illegal' to move it to another device.
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Old 06-06-2010, 07:26 AM   #14
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Quote by Eben Moglen, wikipedia:


So, will we have to be reduced to changing the titles and metadata of our de-drmed books so that they won't be detected? Or stop buying drm at all? (good option) Because I sure as hell am not going to buy anything twice just because it's 'illegal' to move it to another device.
It's up to creators as well, in fact I'd say it's imperative that creators fight back against DRM and copyright at this moment in time. I know my own journey through this has brought me to a position where I'm now questioning any copyright at all, even the adjustments made by creative commons. Seems to me that copyright now is just a codified way of remaining afraid of the inevitable push toward all out freedom without restriction. I know that the way my mind is working at the moment, I can't imagine not putting work out into the public domain (although I am investigated the AGPL as an option).
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Old 06-06-2010, 07:40 AM   #15
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..codified way of remaining afraid..
That's it exactly, all this locking down just shows fear and distrust, not a very helpful climate for creating and exchanging ideas.

But there are still a lot of writers who don't even have their work out as ebooks. The whole drm question has not even arisen for them yet.

I hope all these are just teething problems of a new reality. But having such shortsighted legislations in place sure isn't helping.
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