gfxgfx
 
Please login or register.

Login with username, password and session length
 
gfx gfx
gfx
76774 Posts in 13500 Topics by 1651 Members - Latest Member: insider4ever March 28, 2024, 11:50:14 am
*
gfx*gfx
gfx
WinMX World :: Forum  |  Discussion  |  WinMx World News  |  U.S. Developments Demonstrate Canada's C-32 Digital Lock Rules More Restrictive
gfx
gfxgfx
 

Author Topic: U.S. Developments Demonstrate Canada's C-32 Digital Lock Rules More Restrictive  (Read 538 times)

0 Members and 1 Guest are viewing this topic.

Offline p2p rules

  • Forum Member
Quote
Since the introduction of Bill C-32, I have consistently argued that the digital lock provisions are far more restrictive than what is required under the WIPO Internet treaties.  Now two recent developments in the U.S. demonstrate that the Canadian proposal is also considerably more restrictive than what is found in the U.S.

First, a significant new appellate court case from the 5th Circuit Court of Appeals has concluded that the restrictions on circumventing an "access control" (ie. a digital lock that restricts access to a work rather than a copy control which restricts copying of a work) are far more limited than previously thought.  With language that bears a striking similarity to those arguing circumvention should be permitted for lawful purposes, the U.S. appeals court states:

Merely bypassing a technological protection that restricts a user from viewing or using a work is insufficient to trigger the DMCA’s anti-circumvention provision. The DMCA prohibits only forms of access that would violate or impinge on the protections that the Copyright Act otherwise affords copyright owners.

In other words, the U.S. court has found that DMCA is limited to guarding access controls only to the extent that circumvention would violate the copyright rights of the copyright owner.  This is very similar to what many groups have been arguing for in the context of Canadian legal reform.
michaelgeist.ca

WinMX World :: Forum  |  Discussion  |  WinMx World News  |  U.S. Developments Demonstrate Canada's C-32 Digital Lock Rules More Restrictive
 

gfxgfx
gfx
©2005-2024 WinMXWorld.com. All Rights Reserved.
SMF 2.0.19 | SMF © 2021, Simple Machines | Terms and Policies
Page created in 0.018 seconds with 22 queries.
Helios Multi © Bloc
gfx
Powered by MySQL Powered by PHP Valid XHTML 1.0! Valid CSS!