[Discussioni] [Fwd: [Eurorights] CANADA LOOKS AT COPYRIGHT]

[Simo Sorce]

In Canada si che si ragiona:

Lars Gaarden wrote:
> 
> > Seems like Canada is getting their very own DMCA.
> >
> > http://strategis.ic.gc.ca/SSG/rp01100e.html
> 
> This shows that Canada might actually implement a balanced
> directive. Why didn't EU show the same level of common sense?
> 
> >From http://strategis.ic.gc.ca/SSG/rp01099e.html#legal
> 
> "In proceeding with this analysis, the status of such measures is
> worth reviewing. Copyright law itself protects rights holders
> against unauthorized uses, while technological measures adopted
> by rights holders to ensure their rights serve to provide an additional
> layer of protection for works. Any proposed statutory provisions to
> protect technological measures would be in effect a third layer of
> protection, albeit one which relates not to works, per se, but to the
> technological measures in relation to works. In some jurisdictions,
> such legal provisions protecting technological protection measures
> extend beyond copyright to include restrictions on access and on
> the manufacture and distribution of circumvention devices. In other
> words, by providing legal recognition of the technological measures,
> the traditional boundaries of copyright law would be extended to
> include new layers of protection."
> ...
> "The departments acknowledge the concerns of these copyright stake-
> holders, but must consider these concerns within the framework of
> Canadian copyright law, where certain uses of works and limitations
> on copyright protection are recognized as serving legitimate and
> important public policy objectives. Such limitations are evidenced by
> the finite term of copyright protection, the fair dealing provisions and
> the exception provisions. These elements of our copyright law have
> been the outcome of extensive debate, consultation, jurisprudence
> and legal obligation, both domestically and internationally. Any attempt
> to affect that balance may require a reconsideration of the current
> extent of the exceptions provisions."
> ...
> "Under these circumstances, the departments question whether it is
> possible to establish a legal framework which, on the one hand
> covers virtually all activities that undermine the use of technological
> measures, but at the same time continues to reflect the policy balance
> currently set out in the Act. Such a change in the Copyright Act could
> potentially result in a new right of access, the scope of which goes
> well beyond any existing right, and would represent a fundamental
> shift in Canadian copyright policy. It could serve to transform a measure
> designed for protection into a means of impeding legitimate uses. In
> essence, a change of this nature would be tantamount to bringing within
> the realm of copyright law, matters (e.g., restrictions on use) which may
> be more properly within the purview of contract law. Given the rate at
> which the technology underlying protection measures is changing, it is
> difficult, under present circumstances, to evaluate the public policy
> implications of such a step. Perhaps the role of technological changes
> warrants a careful study to examine what will be the dimensions of the
> intersection of anti-circumvention measures with the current Act."
> 
> --
> LarsG
> 
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-- 
Simo Sorce
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