ARCHIVÉE — Kells Kearney (En anglais seulement)

PROCESSUS DE RÉFORME DU DROIT D'AUTEUR

SUGGESTIONS REÇUES RELATIVEMENT AUX DOCUMENTS DE CONSULTATION

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Les documents reçus seront affichés dans la langue officielle dans laquelle ils auront été soumis. Toutes les suggestions sont affichées comme elles ont été reçues par les ministères; toutefois, toutes les informations sur les adresses ont été enlevées.

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Suggestion de Kells Kearney reçue le 11 septembre 2001 par courriel

Objet: Canadian copyright reform

To whom it may concern:

I have just found out about the existence of the Consultation Paper on Digital Copyright Issues (CPCDI). I understand that this paper is suggesting legislation based upon the US Digital Millennium Copyright Act (DMCA), which I view as being extremely favourable to the rights of the publishers of media and content, but restrictive to the concerns and rights of the customers of this media. I work in the hi-tech industry, and have watched the use and possible abuse of these laws by various publishers. I have seen the use of the DMCA as a legal tool to restrict competitors, to threaten academics and other researchers in the field of computer security, and to provide the rationale for intrusive and unreasonable measures to protect the interests of these special interest groups.

I am immediately concerned over the effects of this type of law. For instance, the DMCA has been directly linked to manufacturers increasing the price of products such as digital recording equipment. In other words, one effect of the DMCA in the US is that it now costs somewhere in the range of US$10,000 to purchase equipment to create a DVD of your own home videos. The issues relating to intellectual property are far-reaching, and I think that the interests of Canadians, not just corporations, should be taken into account.

One proponent of the DMCA is Microsoft corporation, which is still under investigation by the US Dept of Justice, as well as several European Community members. The DMCA allows a software company to essentially retain all rights to their products, but no responsibilities for the security of the data or the software. It is in the interests of society that there be a just consideration of the rights and obligations of people and corporations, as these checks and balances insure the welfare of all involved. An enactment of provisions to secure the rights of publishers at the public expense is a real possibility with legislation that has so far seemed to only involve the publishers special interest group.

I sincerely hope that the thorny problem of intellectual property be given full consideration, and that forums on these issues be opened for a balanced legislation.

Thank you,

Kells Kearney
(Adresse enlevée)