Copyright law amendment aims at digital users

The federal government has released its long-awaited legislation that would amend the Copyright Act to prohibit users from removing technical protection measures (TPMs) on software, but a Canadian copyright blogger complains the amendments would still discourage open source developers and IT security researchers.

In Ottawa today, Industry Minister Jim Prentice introduced Bill C-61, Act to Amend the Copyright Act in the House of Commons. Before becoming law, the bill would have to be approved by a majority in the House of Commons, the Senate and then signed off by the Governor-General.

If it becomes law, it would constitute the ratification of the World Intellectual Property Organization Copyright Treaty, which Canada signed in 1996. It would make it illegal to circumvent or bypass technologies that control access to protected material. It would also become illegal to provide, market or import tools designed to enable circumvention.

The WIPO Copyright Treaty is designed to provide copyright protection to software writers and those who compile databases. It requires “legal remedies against the circumvention of technological measures (e.g., encryption) used by authors in connection with the exercise of their rights.” Signatories must also prohibit the removal of or altering of information such as identification of the authors.

Some industry experts, including Red Hat founder Bob Young, have warned that ratifying the WIPO treaty would criminalize acts undertaken on a regular basis, such as developing extensions, reverse engineering code and researching security measures. The Industry department today said the bill addresses these and other concerns with provisions that allow people to remove technological measures for the purpose of reverse engineering, security testing, encryption research and to make software interoperable.

But Russell McOrmond, who heads Digital-Copyright.ca and writes a blog for IT World Canada, warns developers they should read the fine print.

“They go through all of these interesting exceptions … and then they say, later on, ‘Well actually if you’re wrong about whether it was or wasn’t an infringement, you’re liable for (a fine) of up to $1million or five years in prison or both.”

McOrmond was referring to maximum punishment if someone accused of copyright infringement under existing law is charged under criminal law.

“Who is actually going to risk trying to interpret what those exceptions are?” McOrmond asked. “Every single thing that they supposedly offered, there’s then a fine print clause that wipes it out.”

One provision in the bill allows users to reproduce material from one format to another, if it’s from a photograph, book, newspaper, periodical or video cassette. McOrmond noted this does not apply to digital content.