Quotulatiousness

November 8, 2024

The McDonald’s ice cream machines are always broken because of bad IP laws

Filed under: Business, Government, Law, Technology, USA — Tags: , , , , , , — Nicholas @ 03:00

Even if you never to to a McDonald’s yourself, you’ve undoubtedly heard that the ice cream machines are always broken. I hadn’t really given it any thought — it’s been years since I visited one of the restaurants and I don’t eat much ice cream — but Peter Jacobsen explains the weird and infuriating reason for the phenomenon:

Image Credit: Magnus D via Wikimedia | CC BY 2.0

How could it be that the ice cream machines at McDonald’s are so consistently broken? It turns out that, until just recently, it was illegal to hire most people to fix them. To understand why, we’re going to have to take a detour into the world of intellectual property.

DMCA Woes

So why has it been illegal for McDonald’s to hire people to fix their ice cream machines? Well, that’s where the Digital Millennium Copyright Act (DMCA) comes in. If you’re familiar with the DMCA, this is probably confusing to you.

Generally the DMCA is a big concern on content creation platforms like YouTube. If someone uses copyrighted music, he or she gets DMCAed. This is slang for when a video gets its monetization redirected to the owner of whatever copyrighted content was used.

DMCA takedowns draw a lot of ire, because the law is clumsily applied and often even legitimate uses of copyrighted content (e.g., fair use) are punished.

But the DMCA extends beyond content creation, as chronicled by Elizabeth Chamberlain of iFixit, an organization dedicated to ensuring that product owners have the right and ability to fix their property. Many machines ranging from phones to ice cream machines utilize copyrighted software to function. Sometimes, this software limits product users more than they’d like.

For example, iPhone software locks users into particular user interfaces. If a user wants to customize past some point, he’s going to have to modify the software more than the company intends. This process, called jailbreaking, involves breaking through “digital locks”. The DMCA often interprets breaking these locks as a violation of the intellectual property of the copyright holder.

The problem gets even worse when you recognize that fixing things — say, McDonald’s ice cream machines — means breaking past those digital locks. This means anyone hired to repair the machine would need an official blessing from the manufacturer.

However, things have changed. As of October 18th, the opening of digital locks for “retail-level commercial food preparation equipment” is now exempt from this DMCA rule. McDonald’s will now be able to hire from a larger group of people to fix their ice cream machines.

DMCA has allowed a lot of intellectual property owners to collect unearned rents while neglecting the needs of the customers who’ve bought, leased, or rented things that incorporate their IP.

Note, this is only an exemption to the rule. The rule itself has not changed. Second, other regulations still hamper McDonald’s franchise owners from fixing their own machines. As Chamberlain points out:

    While it’s now legal to circumvent the digital locks on these machines, the ruling does not allow us to share or distribute the tools necessary to do so. This is a major limitation … few will be able to walk through it without significant difficulty.

    It is still a crime for iFixit to sell a tool to fix ice cream machines, and that’s a real shame … Without these tools, this exemption is largely theoretical for many small businesses that don’t have in-house repair experts.

So your chance of getting a McFlurry has improved, but you can’t quite celebrate a total win yet.

The battle against these DMCA laws isn’t limited to ice cream machines. The “right to repair” movement spearheaded by organizations including iFixit has already battled for exemptions for medical devices, consumer devices like phones and tablets, vehicles, and assistive technologies for people with disabilities.

October 22, 2018

The right to repair

Filed under: Business, Government, Law, Liberty, Technology — Tags: , , — Nicholas @ 03:00

Cory Doctorow:

Companies have always tried to corral their customers into behaving in ways that maximize the companies’ profits, even if that’s not best for the customers: forcing you to use “official” printer ink, to buy your printers and terminals from the same company that sold you your mainframe, to get your apps from the company that sold you your phone.

One especially effective profit-maximization strategy is controlling repairs. If a company can force you to use its official repair services, they can set prices for parts and service, and force you to use original manufacturer’s parts, rather than third-party parts or refurbished parts. And, of course, they can refuse to repair a product after a certain number of years: in the absence of a third-party repair option, this means that you have to throw away your product and buy another one from the company.

Though the urge to control customers to maximize profits is as old as business, the digital era has seen an important shift in the tactics used to make business models mandatory. The abuse of laws like Section 1201 of the DMCA (which bans breaking DRM), the Computer Fraud and Abuse Act (which lets companies treat their “license agreements” as though they had the force of law), as well as trade secrecy and monopolistic supply-chain control has literally criminalized many forms of independent repair, and it’s getting worse.

Last year, 18 state level Right to Repair bills were crushed by a big business coalition led by the tech industry. These bills would end companies’ war on independent service by forcing them to supply parts, manuals, and diagnostic codes to independent technicians.

June 20, 2018

Do You Have a Right To Repair Your Phone? The Fight Between Big Tech and Consumers

Filed under: Business, Law, Liberty, Technology — Tags: , , , , , — Nicholas @ 04:00

ReasonTV
Published on 18 Jun 2018

Eric Lundgren got 15 months in prison for selling pirated Microsoft software that the tech giant gives away for free. His case cuts to the heart of a major battle going on in the tech industry today: Companies are trying to preserve aspects of U.S. copyright law that give them enormous power over the products we own.

Reason is the planet’s leading source of news, politics, and culture from a libertarian perspective. Go to reason.com for a point of view you won’t get from legacy media and old left-right opinion magazines.

January 25, 2017

The “right to repair” gets a boost in three states

Filed under: Business, Law, USA — Tags: , , , , , — Nicholas @ 02:00

Cory Doctorow reports on a hopeful sign that we might be able to get rid of one of the more pernicious aspects of the DMCA rules:

Section 1201 of the 1998 Digital Millennium Copyright Act makes it both a crime and a civil offense to tamper with software locks that control access to copyrighted works — more commonly known as “Digital Rights Management” or DRM. As the number of products with software in them has exploded, the manufacturers of these products have figured out that they can force their customers to use their own property in ways that benefit the company’s shareholders, not the products’ owners — all they have to do is design those products so that using them in other ways requires breaking some DRM.

The conversion of companies’ commercial preferences into legally enforceable rights has been especially devastating to the repair sector, a huge slice of the US economy, as much as 4% of GDP, composed mostly of small mom-n-pop storefront operations that create jobs right in local communities, because repair is a local business. No one wants to send their car, or even their phone, to China or India for servicing.

[…]

Three states are considering “Right to Repair” bills that would override the DMCA’s provisions, making it legal to break DRM to effect repairs, ending the bizarre situation where cat litter boxes are given the same copyright protection as the DVD of Sleeping Beauty. Grassroots campaigns in Nebraska, Minnesota, and New York prompted the introduction of these bills and there’s more on the way. EFF and the Right to Repair coalition are pushing for national legislation too, in the form of the Unlocking Technology Act.

September 22, 2015

Volkswagen’s software DRM enabled the scam to fake emission data

Filed under: Business, Germany, Technology, USA — Tags: , , , , — Nicholas @ 04:00

At Boing Boing, Cory Doctorow points the finger of blame at VW’s DRM in their automobile software suite:

The EPA has accused Volkswagen of rigging its software to cheat the agency’s diesel emissions standards so that its cars could be on the road while spewing 40 times the legal limit for diesel emissions.

Volkswagen, like most auto manufacturers, uses digital rights management in its informatic systems. Under section 1201 of the Digital Millennium Copyright Act, it is a felony to tamper with that DRM, punishable by five years in prison and a $500,000 fine for a first offense. The company uses this legal regime to limit which mechanics can service its cars, ensuring that only “official” mechanics, who are bound by nondisclosure agreements — and covenants to only buy their parts from VW and not an aftermarket competitor — can effectively service their cars.

This year, the US Copyright Office held its triennial hearings into possible exceptions to this rule, and one petition asked it to grant an exemption for jailbreaking cars. The car manufacturers intervened to oppose this, but so did the EPA, fearing that drivers would modify their firmware in ways that increased emissions.

But by banning independent scrutiny of cars, the EPA and the Copyright Office have made possible for terrible, criminal frauds like this one to go undetected for long periods, turning cars into long-lived reservoirs of dirty secrets that can’t be reported without risking criminal sanction.

Jazz Shaw has more:

This isn’t a case of any sort of trick carburetor or jury rigged catalytic converter. The vehicle’s onboard computer could sense when it was hooked up to a diagnostics machine for an emissions test and would conveniently turn on all of its emission control features. (It’s being referred to as a “defeat device.”) Then, when the test was completed and it was unhooked from the computer it would simply shut them off again, boosting performance but also increasing emissions. You almost have to admire the sheer audacity assuming this is true. And given the initial responses from the company they don’t seem to be claiming that they didn’t do it.

[…]

So far Volkswagen seems to be taking the line of assuring everyone that they will work to recall the cars and “fix” them to eliminate this problem. It likely won’t bankrupt a company that size, but it’s one heck of an expensive piece of humble pie to eat. If they contest the fines and go to court, however, I’m wondering if they will actually lose. This was some mischief designed to short sheet the system no doubt, but would they have an out if the case goes before a judge? I was looking over some of the state level requirements for the testing of vehicles and the boundaries to be followed are rather bare bones at best. Each vehicle in the qualifying categories which was manufactured after 1996 has to be equipped with an On-Board Diagnostics Generation II (OBDII) system. The emissions portion of this is heavily tied into your annoying “check engine” light.

The way most of the regulations are written seems to indicate that the vehicle must have a functional system of this type which is accurately monitoring system performance and meets the maximum emissions requirements at the time of testing. Obviously the VW vehicles in question were doing just that. But cars today have all sorts of bells and whistles which drivers can use to customize their driving experience. They can switch from “performance” mode to “economy” mode with the push of a button. Things like that obviously affect the vehicle’s emissions. Other such options are available. And when you think about it, the “disable device” was really just putting the car into a different mode of operation which includes heavy emissions control. When it was disconnected and ready to head back out on the road it was switching back to a different mode with a bit more performance. None of that changes the fact that the emissions were within the required limits at the time of testing.

January 7, 2015

Cory Doctorow on the dangers of legally restricting technologies

Filed under: Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 02:00

In Wired, Cory Doctorow explains why bad legal precedents from more than a decade ago are making us more vulnerable rather than safer:

We live in a world made of computers. Your car is a computer that drives down the freeway at 60 mph with you strapped inside. If you live or work in a modern building, computers regulate its temperature and respiration. And we’re not just putting our bodies inside computers — we’re also putting computers inside our bodies. I recently exchanged words in an airport lounge with a late arrival who wanted to use the sole electrical plug, which I had beat him to, fair and square. “I need to charge my laptop,” I said. “I need to charge my leg,” he said, rolling up his pants to show me his robotic prosthesis. I surrendered the plug.

You and I and everyone who grew up with earbuds? There’s a day in our future when we’ll have hearing aids, and chances are they won’t be retro-hipster beige transistorized analog devices: They’ll be computers in our heads.

And that’s why the current regulatory paradigm for computers, inherited from the 16-year-old stupidity that is the Digital Millennium Copyright Act, needs to change. As things stand, the law requires that computing devices be designed to sometimes disobey their owners, so that their owners won’t do something undesirable. To make this work, we also have to criminalize anything that might help owners change their computers to let the machines do that supposedly undesirable thing.

This approach to controlling digital devices was annoying back in, say, 1995, when we got the DVD player that prevented us from skipping ads or playing an out-of-region disc. But it will be intolerable and deadly dangerous when our 3-D printers, self-driving cars, smart houses, and even parts of our bodies are designed with the same restrictions. Because those restrictions would change the fundamental nature of computers. Speaking in my capacity as a dystopian science fiction writer: This scares the hell out of me.

April 19, 2014

Transaction costs, takedown notices, and the DMCA

Filed under: Economics, Law, Media — Tags: , , , , — Nicholas @ 09:59

Mike Masnick reports on an inadvertent natural experiment that just came to light:

We’ve written a few times in the past about research done by Paul Heald on copyright and its impact on the availability of certain content. He’s recently published an interesting new study on how the DMCA’s notice-and-takedown regime facilitates making content available by decreasing transaction costs among parties. As we’ve discussed at length, the entertainment industry’s main focus in the next round of copyright reform is to wipe out the notice-and-takedown provisions of the DMCA. The legacy recording and movie industries want everyone else to act as copyright cops, and hate the idea that notice-and-takedown puts the initial burden on themselves as copyright holders.

However, Heald’s research looks at music on YouTube and concludes that the notice-and-takedown system has actually enabled much greater authorized availability of music, by reducing transaction costs. The idea is pretty straightforward. Without a notice-and-takedown provision, someone who wants to post music to YouTube needs to go out and seek a license. Of course, getting permission from all the various rightsholders is frequently impossible. The transaction costs of getting permission make it such that it’s way too high. Yet, with notice-and-takedown, the person can upload the content without permission, and then the copyright holder is given the option of what to do with it. On YouTube, that includes the option of monetizing it, thus “authorizing” the use. That creates a natural experiment for Heald to explore, in which he can see how much content is “authorized” thanks to such a setup. And the result, not surprisingly, is that this system has enabled much greater authorized (and monetized) access to music than an alternative, high transaction cost system, under which uploaders must first seek out permission to upload everything.

November 14, 2013

If you like DRM in your computer, you’ll love it in your car

Filed under: Law, Technology, USA — Tags: , , , , , — Nicholas @ 09:05

The Electronic Frontier Foundation thinks that extending the DRM regime to cars (as in the latest vehicle from Renault) will drive consumers crazy:

Forget extra cupholders or power windows: the new Renault Zoe comes with a “feature” that absolutely nobody wants. Instead of selling consumers a complete car that they can use, repair, and upgrade as they see fit, Renault has opted to lock purchasers into a rental contract with a battery manufacturer and enforce that contract with digital rights management (DRM) restrictions that can remotely prevent the battery from charging at all.

We’ve long joined makers and tinkerers in warning that, as software becomes a part of more and more everyday devices, DRM and the legal restrictions on circumventing it will create hurdles to standard repairs and even operation. In the U.S., a car manufacturer who had wrapped its onboard software in technical restrictions could argue that attempts to get around those are in violation of the Digital Millennium Copyright Act (DMCA) — specifically section 1201, the notorious “anti-circumvention” provisions. These provisions make it illegal for users to circumvent DRM or help others do so, even if the purpose is perfectly legal otherwise. Similar laws exist around the world, and are even written into some international trade agreements — including, according to a recently leaked draft, the Trans-Pacific Partnership Agreement.

Since the DMCA became law in 1998, Section 1201 has resulted in countless unintended consequences. It has chilled innovation, stifled the speech of legitimate security researchers, and interfered with consumer rights. Section 1201 came under particular fire this year because it may prevent consumers from unlocking their own phones to use with different carriers. After a broadly popular petition raised the issue, the White House acknowledged that the restriction is out of line with common sense.

July 23, 2013

San Francisco TV station tries using DMCA to hide embarrassing clip

Filed under: Law, Media, USA — Tags: , , , , , — Nicholas @ 09:16

At Wired, David Kravets reports on San Francisco’s KTVU and their attempt to hide the newscast where they “identified” the pilot and crew of Asiana flight 214:

While many of the videos of the segment were still live on Google-owned YouTube, the reason why the Fox affiliate has been demanding their removal doesn’t concern copyright.

“The accidental mistake we made was insensitive and offensive. By now, most people have seen it. At this point, continuing to show the video is also insensitive and offensive, especially to the many in our Asian community who were offended. Consistent with our apology, we are carrying through on our responsibility to minimize the thoughtless repetition of the video by others,” the station’s general manager and vice president, Tom Raponi, told Mediabistro today.

More than 180 were injured and three were killed July 6 when the Boeing 777 slammed on the tarmac.

Under the Digital Millennium Copyright Act, owners of websites where the content is user-generated are obligated to remove copyrighted material at the rights holder’s request, or face the same potential penalties as the uploader. A successful copyright lawsuit carries damages as high as $150,000 per violation.

March 26, 2013

Tunisians troll their own government with memestorm

Filed under: Africa, Government, Media — Tags: , , , , , — Nicholas @ 08:38

Timothy Geigner on the Tunisian response to a government that fails to comprehend YouTube:

You will remember the nation of Tunisia for being a flash point of the Arab Spring revolution, in which social media and the internet played a massive role, as well as for the post-revolution government’s subsequent crackdown on those tools that brought them into power. There seems to be something of an ongoing problem within Middle East governments, in that they simply don’t recognize how to handle popular dissent, often taking on the very characteristics of the dissenter’s complaints to an almost caricature level. In that respect, while it may sound silly, any government learning to deal with the open communication system of the net is going to have to come to terms with memes and the manner in which they spread.

Which brings us back to Tunisia. They seem to have a problem with this Gangnam Style, Harlem Shake combo-video produced by some apparently fun-loving Tunisian students (the original was taken down due to a highly questionable copyright claim, by the way, because while even the Tunisian government wasn’t evil enough to block the video, a bogus DMCA claim had no such qualms).

You can guess how the Tunisians reacted…

September 11, 2012

Manufacturers may follow the music industry pattern

Filed under: Business, Law, Liberty, Technology — Tags: , , , , , — Nicholas @ 00:03

An interesting article in The Economist:

As an expert on intellectual property, Mr Weinberg has produced a white paper that documents the likely course of 3D-printing’s development — and how the technology could be affected by patent and copyright law. He is far from sanguine about its prospects. His main fear is that the fledgling technology could have its wings clipped by traditional manufacturers, who will doubtless view it as a threat to their livelihoods, and do all in their powers to nobble it. Because of a 3D printer’s ability to make perfect replicas, they will probably try to brand it a piracy machine.

[. . .]

As with any disruptive technology — from the printing press to the photocopier and the personal computer — 3D printing is going to upset existing manufacturers, who are bound to see it as a threat to their traditional way of doing business. And as 3D printing proliferates, the incumbents will almost certainly demand protection from upstarts with low cost of entry to their markets.

Manufacturers are likely to behave much like the record industry did when its own business model — based on selling pricey CD albums that few music fans wanted instead of cheap single tracks they craved — came under attack from file-swapping technology and MP3 software. The manufacturers’ most likely recourse will be to embrace copyright, rather than patent, law, because many of their patents will have expired. Patents apply for only 20 years while copyright continues for 70 years after the creator’s death.

[. . .]

In that, the record industry was remarkably successful. Today, websites and ISPs have to block or remove infringing material whenever they receive a DMCA takedown notice from a copyright holder — something that happens more often than actually justified. Google reckons that more than a third of the DMCA notices it has received over the years have turned out to be bogus copyright claims. Over a half were from companies trying to restrict competing businesses rather than law-breakers.

Rallying under the banner of piracy and theft, established manufacturers could likewise seek to get the doctrine of “contributory infringement” included in some expanded object-copyright law as a way of crippling the personal-manufacturing movement before it eats their lunch. Being free to sue websites that host 3D design files as “havens of piracy” would save them the time and money of having to prosecute thousands of individuals with a 3D printer churning out copies at home.

January 29, 2012

EFF says “Keep Twitter Honest”

Filed under: Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 12:47

The Electronic Frontier Foundation explains the facts about Twitter’s recent announcement that it will be able to remove Tweets on a country-by-country basis:

Yesterday, Twitter announced in a blog post that it was launching a system that would allow the company to take down content on a country-by-country basis, as opposed to taking it down across the Twitter system. The Internet immediately exploded with allegations of censorship, conspiracy theories about Twitter’s Saudi investors and automated content filtering, and calls for a January 28 protest. One thing is clear: there is widespread confusion over Twitter’s new policy and what its implications are for freedom of expression all over the world.

Let’s get one thing out of the way: Twitter already takes down some tweets and has done so for years. All of the other commercial platforms that we’re aware of remove content, at a minimum, in response to valid court orders. Twitter removes some tweets because they are deemed to be abuse or spam, while others are removed in compliance with court orders or DMCA notifications. Until now, when Twitter has taken down content, it has had to do so globally. So for example, if Twitter had received a court order to take down a tweet that is defamatory to Ataturk — which is illegal under Turkish law — the only way it could comply would be to take it down for everybody. Now Twitter has the capability to take down the tweet for people with IP addresses that indicate that they are in Turkey and leave it up everywhere else. Right now, we can expect Twitter to comply with court orders from countries where they have offices and employees, a list that includes the United Kingdom, Ireland, Japan, and soon Germany.

Twitter’s increasing need to remove content comes as a byproduct of its growth into new countries, with different laws that they must follow or risk that their local employees will be arrested or held in contempt, or similar sanctions. By opening offices and moving employees into other countries, Twitter increases the risks to its commitment to freedom of expression. Like all companies (and all people) Twitter is bound by the laws of the countries in which it operates, which results both in more laws to comply with and also laws that inevitably contradict one another.

October 27, 2011

Up next: the Great Firewall of … America

Filed under: Government, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 12:18

The headline on this article says it all: E-PARASITES Bill: ‘The End Of The Internet As We Know It’.

We already wrote about the ridiculously bad E-PARASITES bill (the Enforcing and Protecting American Rights Against Sites Intent on Theft and Exploitation Act), but having now had a chance go to through the full bill a few more times, there are even more bad things in there that I missed on the first read-through. Now I understand why Rep. Zoe Lofgren’s first reaction to this bill was to say that “this would mean the end of the Internet as we know it.”

She’s right. The more you look at the details, the more you realize how this bill is an astounding wishlist of everything that the legacy entertainment gatekeepers have wanted in the law for decades and were unable to get. It effectively dismantles the DMCA’s safe harbors, what’s left of the Sony Betamax decision, puts massive liability on tons of US-based websites, and will lead to widespread blocking of websites and services based solely on accusations of some infringement. It’s hard to overstate just how bad this bill is.

And, while its mechanisms are similar to the way China’s Great Firewall works (by putting liability on service providers if they fail to block sites), it’s even worse than that. At least the Chinese Great Firewall is determined by government talking points. The E-PARASITES bill allows for a massive private right of action that effectively lets any copyright holder take action against sites they don’t like. (Oh, and the bill is being called both the Stop Online Piracy Act (SOPA) and E-PARASITES (which covers the PROTECT IP-like parts of the bill, SOPA refers to the larger bill that also includes the felony streaming part).

June 23, 2010

Bunch of “radical extremists”

Filed under: Cancon, Law, Media, Technology — Tags: , , , , , , — Nicholas @ 09:09

Protest groups at the G20? No, the Heritage Minister’s sweeping characterization of the people and organizations opposed to the new copyright bill:

So when Moore warns about radical extremists opposing C-32, who is he speaking of? Who has criticized parts of the bill or called for reforms? A short list of those critical of the digital lock provisions in C-32 would include:

* Liberal MPs
* NDP MPs
* Bloc MPs
* Green Party
* Canadian Consumer Initiative
* Association of Universities and Colleges of Canada
* Canadian Association of University Teachers
* Canadian Federation of Students
* Canadian Library Association
* Business Coalition for Balanced Copyright
* Retail Council of Canada
* Canadian Bookseller Association
* Documentary Organization of Canada

While there are bound to be a few individual “radical extremists” in any organization, these particular groups aren’t known for their bomb-throwing agitator ways.

June 2, 2010

New copyright bill introduced

Filed under: Cancon, Law, Media, Technology — Tags: , , , , , , — Nicholas @ 16:21

It’s not yet online, so I haven’t read it myself (and, not being a lawyer, it might not be a good use of my time). Michael Geist has, however, and provides a useful summary of the good and the bad:

The bill contains some important extensions of fair dealing, including new exceptions for parody, satire, and (most notably) education. It also contains more sensible time shifting and format shifting provisions that still feature restrictions (they do not apply where there is a digital lock) but are more technology neutral than the C-61 model. There is also a “YouTube exception” that grants Canadians the right to create remixed user generated content for non-commercial purposes under certain circumstances. While still not as good as a flexible fair dealing provision, the compromise is a pretty good one. Throw in notice-and-notice for Internet providers, backup copying, and some important changes to the statutory damages regime for non-commercial infringement and there are some provisions worth fighting to keep.

Yet all the attempts at balance come with a giant caveat that has huge implications for millions of Canadians. The foundational principle of the new bill remains that anytime a digital lock is used — whether on books, movies, music, or electronic devices — the lock trumps virtually all other rights. In other words, in the battle between two sets of property rights — those of the intellectual property rights holder and those of the consumer who has purchased the tangible or intangible property — the IP rights holder always wins. This represents market intervention for a particular business model by a government supposedly committed to the free market and it means that the existing fair dealing rights (including research, private study, news reporting, criticism, and review) and the proposed new rights (parody, satire, education, time shifting, format shifting, backup copies) all cease to function effectively so long as the rights holder places a digital lock on their content or device.

It’s not quite the total surrender to the entertainment rights holders that many feared, but it’s certainly not the best deal for consumers. Bottom line:

For the glass half-full, the compromise positions on fair dealing, the new exceptions, and statutory damages are not bad — not perfect — but better than C-61. For the glass half-empty, the digital lock provisions are almost identical to C-61 and stand as among the most anti-consumer copyright provisions in Canadian history. Not only are they worse than the U.S. DMCA, but they undermine much of the positive change found in the rest of the bill. In the days and weeks ahead, Canadians must speak out to ensure that the compromise positions found in C-32 remain intact and that the digital lock provisions move from the no-compromise category to the compromise one.

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