[Cdn-DMCA] RE: canada-dmca-opponents-digest V1 #46

[Alan DeKok]

"Chris Palmer" <cpalmer at accesscable.net> wrote:
> What interests me is that the copyright people told that I can read a file
> with any program, not just the one authorised by the creator. This seems to
> defeat any DRM.

  No.  If the program circumvents DRM, then it's a circumvention
device, and will probably be illegal.

  If the program doesn't circumvent DRM, then it's effectively reading
encrypted or protected data, which most likely will be seen as random
garbage.

  This means that any program other than the permitted ones can not be
used to access the copyrighted material.  If anyone tells you
otherwise, look behind their back for their hidden agenda. :)

> They seem to be separating the right to make copies from any sort of access
> control, access control is not part of their agenda.

  I disagree.  It's part of their *hidden* agenda.

  I cannot make copies if I am not granted access to the material.
They know this.  Rather than stating this explicitely, they're trying
to hide it, because they want legal protection for *additional* access
controls, which have nothing to do with copyright.

  e.g. Region encoding.  You cannot defeat region encoding without
defeating the "copy" protections.

  e.g. Fair dealing ("fair use" in the U.S.).

  e.g. Reverse engineering.

> I don't know if this is deliberate or an error on their part. A good
> deal of DRM may be beyond the scope of copyright law. Ie, not being
> able to skip commercials on a TIVO recorder or CSS on DVD's is not
> part of copyright but maybe contract law???

  You have no contract with the TV broadcaster or producer of the
commercial.  They cannot impose any kind of restrictions on you.

  However, under DMCA, "copyright" protection may be added to
commercials, which will force TV recorder manufacterers to implement
the copyright restrictions enforced under law.  These restrictions
will then be forced on you.


  "Copyright" protection can thus be used to create effective
contractual obligations where none existed before, and to criminalize
breach of that contract.


  Alan DeKok.
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