The Canadian DMCA and You

With the October 14th Canadian federal election quickly approaching, I think it’s a good time to bring forth an important issue that isn’t getting enough spotlight in our media.

Anybody who is tech-oriented or reads the news should be familiar with the American DMCA (Digital Millenium Copyright Act). Put into law in October of 1998, the law works to strengthen copyright protection in the USA, and includes an anti-circumvention clause that makes it illegal to break any digital security system placed on your files. This law applies to any kind of Digital Rights Management (DRM) system placed on your otherwise legitimately purchased digital property.

Under the DMCA, it is illegal to convert Apple iTunes downloads to the more open Mp3 format, rip DVD movies to your computer to watch them on a network, a portable device, or otherwise back them up, rip certain CD’s (the ones that have copy protection warnings all over them) so that you can listen to them on your iPod, and a whole host of other should-be legitimate activities.

In the past, copyright law was only broken if you took somebody else’s work and illegally distributed it to others via the internet, a CD-R, or USB thumbdrive. With the DMCA in place however, it is illegal to do all sorts previously legal activities that fall under the realm of fair use of a product legitimately purchased.

Which brings me to my point – previous to taking their summer recess, Stephen Harper’s minority conservative government was once again attempting to champion bill C-61 through the House of Commons in an effort to put a similar law into effect here in Canada. Most experts in the United States argue that their DMCA has actually hindered the tech sector there, while security experts cringe at the idea of being legally bound to not test the security of various systems, including electronic election equipment (on which maker Diebold has handily installed DRM so that it is illegal to check over their source code).

As a tech-oriented citizen entrepreneur in Canada, I feel that this law needs to be struck down immediately. Details regarding the law can be found here, while information about how to help defeat the proposal can be found at boingboing, copyrightforcanadians, this youtube video from Canadian law proffessor Michael Geist, and this segment of CBC’s the Hour, also featuring Michael Geist.

For those seeking more information regarding DRM, the DMCA, and the effect both have had on tech and liberty in the USA, check out this essay (*.pdf) that I wrote last term for an Ethics course I took at Laurier. It’s about 16 pages, but a solid read, and full of links to other important resources.

Contact your local MP, and get their opinion on the law as part of your voting research.

Cheers,

Jon