Canadian Politician Okays Copyright Violation Because Nobody Cares Anyway

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Canadian Politician Okays Copyright Violation Because Nobody Cares Anyway


A Canadian politician says people don't need to worry about changes to the country's copyright laws because content creators probably won't bother to sue anyone anyway.

As you may be aware, the Canadian government is currently in the process of reforming the country's copyright laws to bring them in line with the requirements of the digital era. While there's a reasonable consensus that these reforms are necessary and even overdue, many experts have expressed concerns over "digital lock" provisions, which allow content creators to effectively trump consumer rights by embedding some form of DRM into their material. The nature of the DRM is irrelevant; as long as it is present, the illegality of circumventing it overrides any legal right to duplication or fair use allowed by law.

Opposition to the reforms hinge almost entirely on this single aspect of the law. But while most of the government either ignores or glosses over questions about digital locks, Conservative MP Lee Richardson, a member of the Standing Committee on Industry, is selling a slightly different story: people don't need to worry about it because nobody really cares anyway.

"If a digital lock is broken for personal use, it is not realistic that the creator would choose to file a lawsuit against the consumer, due to legal fees and time involved," Richardson wrote in a recent letter to a constituent. [PDF format [http://www.michaelgeist.ca/component/option,com_docman/task,doc_download/gid,91/]]

I'm not sure what's more mind-boggling: the casual dismissal of outright illegality, the implication that these copyright reforms are more or less a waste of time or the suggestion - from an elected official, no less - that people can just go ahead and do whatever the hell they want anyway. A Canadian lawmaker actively encouraging Canadian citizens to knowingly break a law that his own party is at the same time aggressively trying to sell to the public as fair and friendly to consumers? It would be funny, if it wasn't so utterly appalling on every possible level.

As noted copyright critic Professor Michael Geist points out, even if Richardson's facile suggestion does have some rickety basis in reality - and I think we'd need to talk to people who've found themselves on the wrong end of an RIAA lawsuit before we made any firm judgments in that regard - it does no good for businesses, journalists, students or others who have to work within more legally restrictive frameworks. More to the point, it actually encourages disrespect for the same laws the Canadian government insist are badly needed.

"It is surprising to find Conservatives seeking support for their bill on the basis that Canadians need not worry about liability if they violate its provisions. Copyright reform is supposedly about updating Canada's copyright rules and fostering greater respect for copyright law," Geist wrote on his blog [http://www.michaelgeist.ca/content/view/6089/125/]. "Yet the message from Richardson suggests the opposite since Canadians will have less respect for copyright law as even their MPs tell them they need not fear violating the law given the minimal likelihood of a lawsuit."

And if you do find yourself staring down the wrong end of expensive litigation? Maybe Richardson will pop by the courtroom and put in a good word for you.


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draythefingerless

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Jul 10, 2010
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Richardson: Haters gonna hate.

The man is speaking the truth thou. As for business, i dont understand what kind of business needs to copy copious ammounts of a game and break the DRM in the process. or students. or journalists. the key word would be PRIVATE. if you dont go around spreading you made an internal copy of a game, no one is gonna look into it.
 

Baldr

The Noble
Jan 6, 2010
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As content providers, if you the consumer don't like DRM fine, we'll get rid of it. Of course your not going to be able to download our content to your devices to begin with. We'll stream it to you, but your going to have to pay us a monthly fee if you want to keep streaming it. don't have internet? To bad.
 

ph0b0s123

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Jul 7, 2010
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Andy Chalk said:
"If a digital lock is broken for personal use, it is not realistic that the creator would choose to file a lawsuit against the consumer, due to legal fees and time involved," Richardson wrote in a recent letter to a constituent.
Yeah, companies hardly ever go after you in a meaningful way if you defeat their DRM, just ask Geohots....
 

r0binh00d

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Jun 28, 2009
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it's a shame, this guy sounds down to earth but if a fuss is made over what in my view is quite a realistic view of the matter, he'll be resigned and there will be one less reasonable polititian in ca.gov

OT gripe:
At the end of the day, the only one DRM ever inconvenienced was the consumer. Pirates get around it on day one and I've been on the sucky end of the DRM stick with audible and itunes before - it just makes things very difficult if you have a media server, as only the comp you installed itunes on can play the film - the xbox in the living room or the ps3 can't play it so i'm stuck with my comp monitor to watch films. and I can't put my audiobooks on my mp3 player as audible haven't deigned to write an app for my player.




*disclaimer: not condoning or encouraging anything in any way, just stating my view.
 

RvLeshrac

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Oct 2, 2008
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draythefingerless said:
Richardson: Haters gonna hate.

The man is speaking the truth thou. As for business, i dont understand what kind of business needs to copy copious ammounts of a game and break the DRM in the process. or students. or journalists. the key word would be PRIVATE. if you dont go around spreading you made an internal copy of a game, no one is gonna look into it.
There is not enough space on this website to explain all the ways you're wrong, but maybe you could at least go look up any of the dozens of cases where people have been sued for breaking DRM.
 
Apr 28, 2008
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ph0b0s123 said:
Andy Chalk said:
"If a digital lock is broken for personal use, it is not realistic that the creator would choose to file a lawsuit against the consumer, due to legal fees and time involved," Richardson wrote in a recent letter to a constituent.
Yeah, companies hardly ever go after you in a meaningful way if you defeat their DRM, just ask Geohots....
So don't make a public spectacle of cracking something then.

Can do!
 

draythefingerless

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Jul 10, 2010
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RvLeshrac said:
draythefingerless said:
Richardson: Haters gonna hate.

The man is speaking the truth thou. As for business, i dont understand what kind of business needs to copy copious ammounts of a game and break the DRM in the process. or students. or journalists. the key word would be PRIVATE. if you dont go around spreading you made an internal copy of a game, no one is gonna look into it.
There is not enough space on this website to explain all the ways you're wrong, but maybe you could at least go look up any of the dozens of cases where people have been sued for breaking DRM.
ive seen people sue McDonalds because they dropped their hot coffee on their lap. Im not speaking on basis of principle. im speaking on pragmatic and real world levels. people get sued for the wrong things all the time. and of the dozens of cases, only a handful is rather innocent(just made a copy on dvd to have at home). more often than not, theyre bootleg style cases. on principle, yes this is wrong and yes it is stupid, but in the real world, the guy speaks the truth. NOW, I DUNNO HOW THINGS GO in the USA, but in Canada n Europe we dont have crazy suey events like those you speak of. or at least that number of them. you have to understand USA copyright and trademark laws are ridiculously more liberal and dangerous, and there is an entire business throughout the years, built on exploiting them.
 

capt.fodder

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Sep 6, 2009
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This is all well and good until you and your device full of "your" music enter an airport. Then all bets are off...
 
Jun 23, 2008
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Well, now when people argue Deh lar iz da lar. I can point to this, at least from the Canadian perspective. But I wonder if this may set a legislative and ultimately judicial precedent for ignoring laws when someone decides it wasn't relevant.

Here in the US, the courts ultimately ruled that cracking for private use was legal, so I can technically pirate (that is, download a cracked copy) if I obtain (or already own) a license to use. It also (thankfully) legalizes the no-cd cracks since I'm moving towards a disc-free system environment anyway.

Incidentally, watch for the coming documentary Hot Coffee which argues the litigiousness of the US is grossly exaggerated (nowadays with the intent of pro-corporate tort reform), and that the notorious hot coffee incident had legitimacy (e.g. actually caused third degree burns in four seconds and required an ER visit). This may be a case in which, like the insanity plea (which is notorious mostly because of the Twinkie Defense), we have fewer frivolous lawsuits than is widely believed.

238U.
 

Formica Archonis

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Nov 13, 2009
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Andy Chalk said:
As you may be aware, the Canadian government is currently in the process of reforming the country's copyright laws to bring them in line with the requirements of the digital era.
Because any reform law to bring us into "the digital era" should be written by the people who have blindly quote [http://www.michaelgeist.ca/content/view/5986/135/] the CRIA (the Canadian RIAA). Because the stewards of the digital era should be a group who appear to want the digital era to die off and be replaced with a second age of the CD.

Andy Chalk said:
"If a digital lock is broken for personal use, it is not realistic that the creator would choose to file a lawsuit against the consumer, due to legal fees and time involved," Richardson wrote in a recent letter to a constituent. [PDF format [http://www.michaelgeist.ca/component/option,com_docman/task,doc_download/gid,91/]]
Sadly true. It's not realistic for a creator to sue because often the creator doesn't own the rights to his work. It's the OWNER that sues, and sues 30 people at a time to make it worth it.

The CRIA head once got up on a stage and said "we haven't sued anyone [http://www.michaelgeist.ca/content/view/1794/71/]" after having sued someone. I trust their promises not to sue as far as I can throw the entire House of Commons.
 

DracoSuave

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Jan 26, 2009
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'You shouldn't worry about a law because while what you're doing is against it, no one will sue you for it' is a problem, I feel. Canadian law and courts tend not to like this sort of approach, and tend to strike such laws down after ratification.
 

ph0b0s123

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Jul 7, 2010
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Irridium said:
ph0b0s123 said:
Andy Chalk said:
"If a digital lock is broken for personal use, it is not realistic that the creator would choose to file a lawsuit against the consumer, due to legal fees and time involved," Richardson wrote in a recent letter to a constituent.
Yeah, companies hardly ever go after you in a meaningful way if you defeat their DRM, just ask Geohots....
So don't make a public spectacle of cracking something then.

Can do!
Yeah, cause that's the only reason they went after him.
 

Lilani

Sometimes known as CaitieLou
May 27, 2009
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This would be the way Canada handles the adversity of a topic as hot as piracy.

And in other news, this is the main problem I have with DRM.



If they're going to keep selling physical copies of CDs, they need top stop telling us we're criminals as soon as we want to put them on our iPods. I'm looking at you, iCloud.
 

red dragon 52

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May 4, 2010
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God i love my country. "Ya it might become law, but really its just to keep the U.S. off our ass and keep the companies who fund us come election time happy. We won't actually be enforcing it so just keep doin what ur doin."
 

TheDooD

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Dec 23, 2010
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In a perfect world where wealth, ideas and jobs are abundant I would agree with this guy 100%. Yet since it's not I want know what's he's on so I can join him in that world.