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Originally Posted by FanIn80
Maybe I'm confused, but doesn't this bill now give Canadians the express right to make copies of music they have LEGALLY purchased?
In so doing, does it not, then, make it illegal for a company to purposefully attempt to prevent that right by installing DRM utilities on their CDs?
I'm no law expert... but you can't have a law that gives two parties opposing rights. You can't give one guy the right to do something while giving someone else the right to prevent them from doing it.
I know it says "circumventing technical measures" but you can't tell me that some enterprising lawyer won't be able to get a judge to rule that a DRM utility on a music CD directly impedes another person's (now-granted) right to copy it to a device they legally own.
I don't know... I guess I'm having a hard time understanding how this is going to interfere with my ability to still go on doing things I already do: legally purchasing movies and CDs and copying them to my PS3 to watch later, or copying my legally purchased CDs to my hard drive at the office to listen to while I code... or to copy legally purchased CDs to my iPhone (soon!!)...
etc etc.
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I'm no law expert either but here's the provision in question:
Quote:
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Originally Posted by Stupid Bill
29.22 (1) It is not an infringement of copyright for an individual to reproduce onto a medium or device a musical work embodied in a sound recording, a performer’s performance of a musical work embodied in a sound recording, or a sound recording in which a musical work or a performer’s performance of a musical work is embodied, or any substantial part of such a work or other subject-matter, if the following conditions are met:
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(c) the individual, in order to make the reproduction, did not circumvent a technolog- ical measure or cause one to be circumvented, within the meanings of the definitions “circumvent” and “technological measure” in section 41;
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It would seem that there are a number of conditions precedent to your "right" to make a copy of a sound recording for personal use. One of those conditions precedent is that you did not circumvent any technological protection measures (TPM) designed to prevent the sound recording from being copied.
Ergo, if there is a TPM in place and you need to defeat it in order to copy the sound recording then you do not have the benefit of this section and your activity is infringing.
In the case of copying your DVD to your PS3, you will be infringing should that particular DVD contain any kind of TPM. As far as I know, most/all have some sort of encryption on them that must be defeated in order to rip it. The provisions about PVRs only apply to sound and video recordings that are broadcast (your DVD is not being broadcast).