Home -> Law Blog Directory -> Copyright Law Blogs -> Michael Geist
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Copyright Law
: Michael Geist61 Reforms to C-61, Day 35: TPMs - Unnecessay Coverage of Circumvention Devices
By Michael Geist
There are several mechanisms that could be used to address this issue (and note that it must be addressed or else even the meagre exceptions within C-61 will be illusory). The first would be to ensure that the bill does not touch the legality of circumvention devices themselves.
Section 41(1)(c) provides that no person shall:
manufacture, import, provide - including by selling or renting - offer for sale or rental or distribute any technology, device or component if
(i) the technology, device or component is designed or produced primarily for the purposes of circumventing a technological measure,
(ii) the uses or purposes of the technology, device or component are not commercially significant other than when it is used for the purposes of circumventing a technological measure, or
(iii) the person markets the technology, device or component as being for the purposes of circumventing a technological measure or acts in concert with another person in order to market the technology, device or component as being for those purposes.
From a WIPO ratification perspective, there is no requirement for this provision. Indeed, Bill C-60 provided a model that did not touch devices themselves, choosing instead to target conduct involving circumvention for the purposes of copyright infringement. By removing the unnecessary ban on devices that can be used to circumvent, there is a greater likelihood that Canadians would have access to programs that could be used to retain their existing rights and protect their privacy. Bill C-60 got this issue right and C-61 should be amended by restoring an approach that avoids regulating technologies in this manner.
Full post as published by Michael Geist on August 08, 2008 (boomark / email).
Wind and Hail Coverage
Allstate Corp. agrees to restore insurance coverage and pay $250,000 settlement.
Hayes Bicycle Group
Recalls Quick-Release Devices
Florida Medicaid
Limiting Coverage of Drugs for Kids
Health Coverage Canceled
Kaiser Permanente to pay $300,000 settlement in insurance lawsuit.
Blue Cross Blue Shield
alleging they have refused coverage for austic children

Slysoft Commercializes Next-Gen DVD Circumvention
Armstrong on Fair Circumvention under the DMCA
Library of Congress on DMCA, Copyright Law Troubles
Professional Reading: Fair Circumvention Exceptions to the DMCA
Beware of Dangerous Shelhigh Medical Devices
Mulligan and Perzanowski on the Sony BMG Rootkit Fiasco









