Read: [next] [previous] message
Adding to research links - need research on "Fair Dealing"
From: Russell McOrmond <russell _-at-_ flora.ca>
One of the problems with writing submissions on the Canadian situation is the fact that many of us are more familiar with discussing the US situation. To help with this I have been wanting to set up an extensive links section referenced via: http://www.flora.org/dmca/links.html One area I'd like to find out if there is existing commentary on is Canada's situation on "Fair Use", as this is the part of copyright law they seem intent on making unbalanced (IE: in favor of copyright holders) changes to. What court cases exist that we can use as precedent? There is references under "exceptions" for "Fair Dealing" http://laws.justice.gc.ca/en/C-42/33392.html#rid-33409 Under: 30.1 "Management and maintenance of collection" It suggests: "(c) in an alternative format if the original is currently in an obsolete format or the technology required to use the original is unavailable;" This applies to libraries, but either suggests that thing such as eBook formats cannot be used for library storage because they are dependent on proprietary technologies, and forcing Libraries (Especially government libraries such as the Library of Parliament) to use such format would be a breach of both Competition laws, as well as NAFTA/AIT. There are provisions for computer programs, but the question becomes: is the decryption of an encrypted file format such as an eBook entirely a matter of a "computer program" or not? An eBook cannot be made human readable without a computer program, and the deciphering of proprietary file formats should not be considered a matter of copyright but of computer software where 30.6(i) states that it is not an infringement of copyright (even of disassembling an existing decoder, leave alone reverse-engineering a file format) if it is "essential for the compatibility of the computer program with a particular computer,". As an example from the DVD case, a free software (GPL compatible) version of DeCSS <http://www.eff.org/IP/DMCA/MPAA_DVD_cases/> is essential for allowing DVD's to be played on Free Software based Computers, such as Linux. No proprietary binary-only alternatives can be considered a valid alternative in this case, so the publishing of source-code to enable the decryption is essential. This is very similar to the eBook situation where circumvention of the proprietary nature of the file format will be necessary for reading eBooks on non-proprietary (especially Free Software) based computers. 32. (1) also suggests that the decoding of an eBook to allow for screen-reading is also not an infringement of copyright. --- Russell McOrmond, Internet Consultant: <http://www.flora.ca/> RMS clarifies Freedom http://www.gnu.org/press/2001-05-04-GPL.html Free Sklyarov http://www.dibona.com/dmca/ http://www.freesklyarov.org/ http://www.flora.org/dmca/ Oppose DMCA in Canada! -- For (un)subscription information, posting guidelines and links to other related sites please see http://www.flora.org/dmca/
Read: [next] [previous] message
List: [newer] [older] articles
You need to subscribe to post to this forum.