Re: List Management: Re: [d@DCC] Future CBC "the docket" on digital copyright.

From: Russell McOrmond <russell _-at-_ flora.ca>
To: General Discussion <discuss (at) digital-copyright.ca>
Date: Tue, 25 Feb 2003 23:45:14 -0500 (EST)

On Sat, 22 Feb 2003, Kristofer Coward wrote:

> I doubt it, but that's because I doubt that what's being arranged here
> is really infringing. I'm inclined to believe that it's a perfectly
> legal instance of time/space shifting that just happens to use mpeg and
> the internet instead of VHS and hand-delivery. It's more of a public
> demonstration of legitimate, non-infringing use of the technology
> currently under scrutiny.

  If you can quote me the section of the copyright act
<http://laws.justice.gc.ca/en/C-42/> that allows that VHS tape to leave
your home and be considered a form of "fair dealing", then I'll take back
the comment.  I'm not commenting on the different medium, but the act
itself on any medium with any method of delivery.

  In fact, I am interested to read first hand the *Canadian* legal
precedent which allows us to record on any medium for personal usage (such
as time/space/medium shifting) from the TV signal in the first place.  I
believe that the USA has time-shifting for private use and other such
things in their act under fair use, but I haven't seen this in the
Canadian Act under fair dealing.

  Watch the CBC newsworld piece on Thursday.  Did you know that story time
at the public library is technically infringement, as is playing a
boom-box at a public beach?  These two examples are used -- be infuriated,
get informed, and be involved in changing the law.

  I also find it frustrating that fair dealings is only a defense against
infringement, and not currently considered a right.  While we can get
caught up on infringement for things that simply don't make sense, we
can't sue a copyright holder for setting up technology or otherwise
disabling actions which are not infringement.

  I am looking for a legal opinion, but my understanding is that what was
discussed in this forum of one person taping for someone else's use without
the permission of the copyright holder is infringement (under any
medium/delivery including VHS/hand delivery or MPEG/Internet delivery).


Note: Whether it is a de minimis crime that should never be enforced, and
the law should change, is a separate conversation from whether it is
currently infringement.

---
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
 Any 'hardware assist' for communications, whether it be eye-glasses, 
 VCR's, or personal computers, must be under the control of the citizen 
 and not a third party.   -- http://www.flora.ca/russell/

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