Unbalanced

I won't go into detail about the Cons' copyright legislation for now, as Michael Geist and others are thoroughly eviscerating it already. But I'll take a moment to point out what strikes me as the most obvious sign of the bill's complete lack of balance between consumers and copyright owners.

The excuse for a personal-use exemption within C-61 is found in section 17, which provides for an extensive laundry list of factors which a consumer has to prove in order to be entitled to transfer a work to a different medium for their own use. Among those is a requirement that no "technological measures" be circumvented to enable the copying to take place.

Now, one could make the case that consumers have a choice as to what works to buy, such that anybody concerned about being able to make use of the personal use exemption in order to copy works to a different medium can simply make sure not to buy protected works.

But that depends on some information being available as to what technological measures are - and aren't - included on a given work. And glaringly lacking from the bill is any obligation on distributors of copyrighted works to actually give notice of any technological measures before a consumer buys the work to begin with. (Indeed, the only part of the bill which discusses notice to consumers is with respect to media which collect a consumer's personal information - and even then the consumer's only remedy is statutory permission to try to find an otherwise-banned means of circumventing the technology involved to stop the data from being collected.)

As a result, consumers don't figure to have any opportunity to make an informed choice. Instead, distributors can put copy protection on a product without any warning, and then rely on the hidden restrictions to prevent the consumer from legally making even personal use of the work in another medium.

Now, that particular imbalance is far from the biggest issue with C-61: merely requiring some notice of any technological measures on a work would be a relatively small fix compared to the size of the general problems with the bill. But from what I can tell, it offers a perfect symbol for the mindset behind the bill: while consumers are faced with onerous obligations to avoid doing anything which could possibly infringe on copyright, the beneficiaries of those obligations aren't required to even let consumers know which of the restrictions apply before taking their money. Which is why C-61 shouldn't be headed anywhere other than back to the drawing board.