ARCHIVÉE — MacDonald (En anglais seulement)

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Suggestion de Rob MacDonald reçue le 1er août 2001 13h45 par courriel

Objet : Consultation Paper on Digital Copyright Issues

I would like to express my concern over the proposed amendments to the Copyright Act. The proposed amendments do nothing that present copyright law is not already equipped to handle, and does a great deal to limit the rights of the consumers and users of the copyrighted information.

Placing information into digital form does nothing to change its nature. It is still not permitted to retransmit the information (a book, or song, etc) in any form, with the exceptions already outlined in the Copyright Act (eg. quoting excerpts for review purposes, etc.).

It is, however, still permitted to make copies for personal use. For example, it is a very common practise to buy a CD, make a copy, and keep the original safely in its case; if the copy is irreparably damaged, one need only make another copy, rather than repurchasing the CD.

It is also permitted to use purchased "intellectual property" in any way the purchaser desires. If I buy a book, I can read that book anywhere I want, in any country, in any sequence I want, then sell or give the book to someone else when I'm finished.

"Digital rights management" and "copyright protection technology" seek to remove these rights from the purchasers. If I buy a DVD player for my computer, for example, there is currently no law dictating which software I must use to operate that DVD player, or which operating system I can operate it under. Similarly, if I buy a CD player for my car, there is currently no law which dictates which model of car I can install it in. This is as it should be. If that CD player did not quite fit in my car, it would be perfectly within my rights to modify the CD player to fit (probably voiding the warrenty in the process). Similarly, if the DVD player's provided software is not to my liking, it is perfectly within my rights to use alternative software to operate it, even if that means circumventing "protections" it has in place. My right to do this does not also give me the right to redistribute any copyrighted material. This is covered by existing laws, and no additional laws are required.

(I'd like to point out a common misconception that decryption of DVD movies or electronic books somehow allows redistribution. If I find a piece of paper with an encoded message written on it, I can duplicate that message to my heart's content, without having to decrypt it. Encryption does not prevent duplication.)

The case is similar with electronic books, another commonly "protected" intellectual property item. It is and has always been illegal to duplicate and redistribute books, in any form, with the exception of "fair use" excerpting etc. However, if I buy a book (in any form), it is within my rights to loan, give, or sell that book to another person (without keeping a copy myself). The fact that it is in digital form does not change this.

Also, if I buy an electronic book, but don't like the software provided to read it, it is within my rights to write or use alternative software, even if that software "circumvents" technologies used to "protect" the book. Again, existing software prevents me from duplicating and redistributing the book, regardless of what I've done to it.

I'd like to point out that the duplication of compact disks has been common and readily accessible for many years, and recently music sharing has been easily done over the Internet, yet the music industry has posted record profits for the last few years (around $17 billion USD). Obviously, the lack of special laws governing recordable CD devices has not hurt the owners of music copyrights.

New laws are not required to protect "intellectual property" regardless of its form. Existing laws suffice; changing something into digital form does not change the way copyright laws apply to it. New laws to "protect" intellectual property do nothing but remove the rights of the consumers.

-Robert MacDonald.