ARCHIVED — Ducharme
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COPYRIGHT REFORM PROCESS
SUBMISSIONS RECEIVED REGARDING THE CONSULTATION PAPERS
Documents received have been posted in the official language in which they were submitted. All are posted as received by the departments, however all address information has been removed.
Submission from Geoffrey Ducharme received on September 8, 2001 via e-mail
Subject: Canadian copyright reform
To Industry Canada, the Department of Canadian Heritage,
the Intellectual Property Policy Directorate and
other concerned agencies:
I write to express my grave concern regarding the extreme intellectual property provisions of the Consultation Paper on Digital Copyright Issues (CPCDI).
These measures, based on the US Digital Millennium Copyright Act (DMCA), give far too much power to publishers, at the expense of indivdiuals' rights. The DMCA itself is already under legal challenge in the US, has gravely chilled scientists' and computer security researchers' freedom of expression around the world for fear of being prosecuted in the US, and resulted in the arrest of a Russian programmer. The CPDCI provisions, which serve no one but (largely American) corporate copyright interests, are just as overbroad as those of the DMCA.
These provisions would amend the Canadian Copyright Act to ban, with few or no exceptions, software and other tools that allow copy prevention technologies to be bypassed. This would violate the Charter of Rights and Freedoms guarantee of freedom of speech, and similar guarantees in the UN Universal Declaration of Human Rights, since such tools are necessary to exercise lawful uses, including fair use, reverse engineering, computer security research and many others.
I have a large music collection which I have purchased legally. I am alarmed by the trend set by some companies to limit my right to make backup of my legally bought music. I do not hink it fair I need to repurchase the same music under multiple "licenses". Indeed, the whole idea of license is a non-sense. If I were to break a "licensed" CD, would I have a refund at my CD store? Indeed, no. I have bought a product, and the purchase has made me the owner.
I still respect the rights of the copyright holder. But limiting freedom on what I can do with the products I have purchased will imperill our ability to create new innovations The whole concept of copyright is to encourage the creation of content. But it needs to be balanced against the need of the public for the information. By wrapping technology around copyright to make it "air-tight" it will do nothing but harm.
I am astounded that our government is seriously considering such measures. It is becoming more obvious everyday that Canada is, for all purpose, just the extension of American business interest.
I urge you to remove these controversial and anti-freedom provisions from the CPDCI language. The DMCA is already an international debacle. Its flaws should not be imported and forced on Canadians.
Geoffrey Ducharme(address removed)
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