Digital Copyright Canada

  Just forwarding my latest submission.  My hope was that with additional
media attention that this might receive more attention at the Competition
Bureau.

  If other people could send in inqueries (your own words/etc), it would 
be appreciated in case they have delayed investigation to show adequate 
interest.

---
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
 See http://weblog.flora.org/ for announcements, activities, and opinions
 Get Legal - become Free! http://weblog.flora.ca/article.php3?story_id=126
 Anti-Copyright Crusader  http://weblog.flora.ca/article.php3?story_id=133

---------- Forwarded message ----------
Date: Tue, 9 Apr 2002 10:19:30 -0400 
From: Compbureau@ic.gc.ca
To: RUSSELL@FLORA.CA
Subject: FW: DVD-CCA cartel in Canada.

Dear Mr. McOrmond,

	Your concern has been forwarded to the Civil Branch of the
Competition Bureau.

	Thank you for your interest in our program.

Yours truly,

Information Officer
Competition Bureau
http://competition.ic.gc.ca/
1-800-348-5358

> ----------
> From: 	Russell McOrmond[SMTP:RUSSELL@FLORA.CA]
> Sent: 	Saturday, April 06, 2002 10:27:51 AM
> To: 	Compbureau: #CB - BC
> Subject: 	DVD-CCA cartel in Canada.
> Auto forwarded by a Rule
> 
> 
> 
  This is a complaint relating to the Civil Matters Branch.  
Specifically, section 77 of the act (Tied Selling) and Sub-Paragraph
78.(1)g .  Regional coding has also been discussed as a barrier to trade.

  This is a followup to a previous complaint sent on Aug 10 which was
followed up on September 28, 2001.

  It was suggested with the recent press received on this issue via the
Ottawa Citizen that it would be worthwhile to re-file my complaint since I
did not receive any reply previously.

The Anti-Copyright Crusader
In these digital days, Russell McORMOND argues for consumers' right to copy

http://www.canada.com/ottawa/ottawacitizen/specials/business/story.html?id={
BA775C8B-5E75-437F-9AE6-E990A46BAFB1}
http://www.flora.ca/citizen-20020404.phtml  
  (Smaller redirect URL, for sites/browsers that don't support {}'s 
   in URL's well)

    Furthermore, McOrmond argues that when copyright law such as the DMCA
    disallows competing technologies (such as a Linux-platform DVD 
    player), it runs afoul itself of competition law.

    It's not difficult to guess which law McOrmond favours.  "To me,
    competition law should supersede copyright law," he says. "One has to
    be able to trump the other, and I do not believe that copyright should
    ever be able to trump competition."

    In this respect, McOrmond argues that he's taking the free-market high
    road which encourages innovation and development, while copyright
    holders are asking for government protectionism and sanctioned
    cartels.

  Full notes on the issue were sent in a submission to the current
Copyright consultation process:

http://www.flora.ca/copyright-2001-cmpda-reply.shtml

  Some specific points from that submission:

3.The purpose of the CSS system is to allow the DVD-CCA members to license 
  and thus control DVD player manufacturers. An additional feature of the 
  CSS technology is to include regional encoding which limits the ability 
  of DVD's purchased in one region to be played by a player purchased in 
  another region. 

4.It is the interpretation of this consultant that both of these 
  activities are in contravention of Canada's Competition Act. I and a 
  number of other Canadians have submitted complaints to the Competition
  Bureau to this effect. I have already met with my MP on this matter, 
  and will continue to further investigate other political options to 
  encourage Industry Canada to open a full investigation of the
  DVD-CCA. 

5.DVD-CCA's attempted control of the DVD player market is referenced 
  under 'tied selling' which is part of section 77 of the Competition Act 

6.Regional encoding would constitute a barrier to trade in DVD's, 
  arbitrarily restricting distribution of CD's to within a region. Beyond 
  existing competition law, there will likely be implications on future
  trade agreement negotiations. 

  I have also posted notes to a forum about my investigations back in
August:
    http://www.flora.org/dmca/forum/75

  As well as a more recent summary of the ideas in this case:
    http://www.flora.org/dmca/forum/465

  More details are in the above submissions.  I am very interested in
discussing the issue with an investigator.  I have made visits on
Copyright issues with Heritage Canada, and may be invited back to
specifically talk about DeCSS.  I will also have a meeting with a small
group at Industry Canada which addresses copyright related issues of
relevance to ICT.  This group is headed by Len St. Aubin, Business and
Regulatory Analysis.

Contact information from http://www.flora.ca

 Russell McOrmond
 609-440 Wiggins Private
 Ottawa, ON
 K1N 1A7

 Phone: (613) 235-7584
 FAX: (613) 230-1258

---
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
 See http://weblog.flora.org/ for announcements, activities, and opinions
 Get Legal - become Free! http://weblog.flora.ca/article.php3?story_id=126
 Anti-Copyright Crusader  http://weblog.flora.ca/article.php3?story_id=133

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Digital Copyright Canada

FW: DVD-CCA cartel in Canada. (fwd)

All Canadian Citizens are "Rights Holders"!