Willem de Lind van Wijngaarden
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Copyright Reform Process
SUBMISSIONS RECEIVED REGARDING THE CONSULTATION PAPERS
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Submission from Willem de Lind van Wijngaarden received on September 8, 2001 via e-mail
Subject: CONSULTATION PAPER ON DIGITAL COPYRIGHT ISSUESRegarding 'Legal Protection of Technological Measures' as described in the CONSULTATION PAPER ON DIGITAL COPYRIGHT ISSUES I strongly urge that the WIPO requirement be interpreted in the narrowest possible terms so as to avoid criminalizing fair use, where fair use requires circumventing technological protection.
Since no technological measure can act on the intent of the copier this makes it impossible to ban circumvention devices without effectively annihilating fair use provisions.
In particular, a technologically protected work remains protected:
The remaining illegal copying actions are covered by existing copyright law.
This is of particular concern because provisions in the U.S. DMCA legislation have already been grotesquely abused and such abuses would likely be considered as precedent for interpreting similar provisions in Canadian law, should these be enacted.
Notable in all 3 incidents is that no violation of copyright law as previously understood was required to get the injunctions, threaten the researchers or bring about the arrests of the parties concerned.
-Willem de Lind van Wijngaarden
(email address removed)
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