Interesting People mailing list archives
IP: Canadian "DMCA" in the Works - Short Deadline
From: David Farber <dave () farber net>
Date: Sat, 08 Sep 2001 03:33:32 -0400
ALERT: Canadian "DMCA" in the Works - Short Deadline
Tell Canada to Reject Anti-Technology Bans
Electronic Frontier Foundation ACTION ALERT
(Issued: Friday, September 7, 2001 / Deadline: Saturday, September 15,
2001)
Introduction:
Canadian citizens, and others, are urged to contact the Canadian
government and express their opposition to legislation, similar to the
Digital Millennium Copyright Act (DMCA) in the U.S., that would outlaw
circumvention of technological restrictions put in place by copyright
holders. The Canadian government is accepting public comment until
September 15, 2001 on its proposed "Consultation Paper on Digital
Copyright Issues" which considers such measures.
These anti-technology bans violate the Canadian Charter of Rights and
Freedom's 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. They would turn
scientists, fair users, journalists, programmers, and archivists into
criminals. While protecting copyright is important, passing measures
that also censor much lawful speech goes too far, without ever
achieving its objective.
Canada is considering adopting anti-circumvention legislation in
response to the World Intellectual Property Organization's (WIPO) 1996
Copyright Treaty. This treaty, however, does not require enacting
national legislation that outlaws technology with many lawful uses.
Given the dismal US experience with the DMCA, other countries should
learn from and steer clear of the U.S. Congress's mistake.
What YOU Can Do:
EFF calls upon the citizens of Canada, and other interested parties
around the world, to submit comments by Sept. 15, urging the Canadian
agency Intellectual Property Policy Directorate to remove the
provisions of the Consultation Paper on Digital Copyright Issues that
outlaw the act of circumvention and forbid providing tools for
circumvention of technological protection measures restricting use of
copyrighted works.
Comments, to be received by the government by September 15, 2001,
should be submitted to:
Comments - Government of Canada Copyright Reform
c/o Intellectual Property Policy Directorate
Industry Canada
235 Queen Street
5th Floor West
Ottawa, Ontario K1A 0H5 Canada
fax: (613) 941-8151
copyright-droitdauteur () ic gc ca (text, HTML, WordPerfect and MSWord
formats accepted)
Sample Letter:
This is just an example. It will be most effective if you send
something similar but in your own words.
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 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.
Sincerely,
[Your full name]
[Your address]
Background:
For more information about the Canadian Copyright Act amendment
process, including the proposed digital copyright measures and how
Canadian citizens can become involved, see the following Web site:
http://strategis.ic.gc.ca/SSG/rp01100e.html
About EFF:
The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded
in 1990, EFF actively encourages and challenges industry and
government to support free expression, privacy, and openness in the
information society. EFF is a member-supported organization and
maintains one of the most linked-to Web sites in the world:
http://www.eff.org
Contact:
Will Doherty, EFF Online Activist / Media Relations
wild () eff org
+1 415 436 9333 x111
Robin Gross, EFF Intellectual Property Attorney
robin () eff org
+1 415 436 9333 x112
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