The Honourable Mr. Schellenberger,
Dear sir,
I own a small business in Stratford, Ontario engaged in the activity of building and fixing computers.
It has come to my attention when the government returns from the summer break they intend to move quickly on legislation to modernize the Copyright Act. In addition to being my Member of Parliament, your position as the Chair of the Standing Committee on Canadian Heritage puts you in a unique position of influence over this process. As a devoted Canadian and a person with a fair bit of practical experience in the area, I feel it is my duty to summarize my thoughts on the matter for your consideration.
I am writing to you today because respected Canadian scholar Dr. Michael Geist is convinced the government intends to create a Canadian version of the U.S. Digital Millennium Copyright Act, to put us more in line with American laws and the expectations of WIPO. While I won’t argue against modernizing the Copyright Act, I will argue that the adoption of severe intellectual property laws like the DMCA will do nothing to help Canadian culture and may actually hurt innovation, two of the few things which set us apart from other nations in the world, especially the United States. I intend to express to you a few of the societal problems posed by such a law.
Canada, like most advanced nations, is at something of a civilizational crossroads because of the widespread proliferation of Internet technology. The Internet connects people in Canada and people around the globe more effectively than any other communication system and greatly changes the rules regarding the distribution of culture and knowledge. The crossroads is what we choose to do with the our culture and knowledge: contain it or unleash it.
If you work in the media industry of today computers and the Internet are your worst nightmare. Not only can someone make all the copies of something they want, they can send it to as many people as they like for practically nothing. While this sounds terrible, it is what Canadians are accustomed to. We listen to the radio for free, watch movies on the television for free and borrow from the library for free. So we expect popular media to be free and the Internet gives us this, only faster. The public want to see content unleashed on the Internet. The popularity of Internet file sharing is proof of this.
The media industry has come to reject this notion, obviously, but it is easy to forget that the industry is not the art, it is merely the distribution system. The art comes from the artists, the human beings with the talent, a fact pointed out by the Canadian Music Creators Coalition. The Internet represents a real opportunity for writers and artists, musicians and other media creators to directly connect with a global audience without having to submit to the fickle and often bland whims the profit-driven corporate distribution system. I can think of no finer way to unleash Canadian culture on the world than this.
It is common knowledge that members of the media industry are extensively lobbying government to do something to stop this change in their industry. They say if nothing is done then art will disappear because they won’t be around to sell it. But before the industry came along, artists seemed to get along just fine selling their art directly. Will the collapse of a few foreign owned publishers really stop Avril Lavigne from singing or David Cronenberg from filming? I doubt it. If anything, I think it will decrease the amount of mass-produced American content, giving Canadian content more exposure. Websites like YouTube are proof you don’t need an industrial enterprise to distribute creativity.
So the Internet may well be the end of the media industry in its current state but it won’t stop the creation of art. And in the end, is it really the job of government to protect outdated industries? To use a popular meme, did the government do anything to protect the makers of buggy whips when the automobile came along? When the media industry asks for a DMCA-style law to make it a crime to share media on the Internet, they are asking for us to preserve their outdated businesses. They are asking for containment.
DMCA-like laws also play nicely into the hands of other corporate interests because it allows the enforcement of certain patterns of consumption, beneficial to them, which might otherwise be unnatural for a market. They might want you to buy your backups, not reuse spent consumables, watch their sponsor’s advertising, or be unable to modify the product for some other purpose. One of the ways to achieve this is to put technological locks on products to stop people from studying and modifying them. In other words, containment.
Tinkering with the things you own is a practise as old as the hills, and it has lead many Canadians into technical fields, including me. But the practise is endangered, I fear, as one of the key parts of the DMCA is a prohibition on the circumvention of these locks.
Originally conceived of to protect the media industry, the infamous section 12 of the DMCA is now used to protect all manner of products and business models. In my job alone, circumvention can take many forms: breaking the encryption on a DVD to make a backup copy, removing spyware to make a computer run better, cracking a game so it doesn’t crash a machine on boot, refilling a printer cartridge… the list of dodges we have to use in the shop to keep the computers running goes on and on. DMCA-like law makes it illegal to circumvent protection schemes and under such law there may even come a time when we have to tell customers we can’t remove unwanted software from their computers because it is illegal to.
But aside from the potential legal problems for our shop, a DMCA-style law also seriously threatens innovation. Protecting invention was never the responsibility of copyright law — that’s what patents are for — but the DMCA involves itself in this area and severely restricts activities like reverse engineering. Not only does this stifle competition in the marketplace, it potentially deprives future generations of students of the most basic opportunity to rip something apart, find out how it works, and discuss it with others, a process now greatly enhanced by the Internet. New products are often created by this discovering and sharing of knowledge. By removing the right to tinker and discuss, we protect corporate interests today while we hamstring Canadian inventors in the future.
History has shown us again and again that civilizations which adapt to new technology and new ideas are the ones which prosper most. Canada’s adoption of the railroad, the automobile, mechanized farming, mechanized factories, even NAFTA, have brought us great prosperity over the years. All of these ideas worked because they unleashed new things. A law like the Digital Millennium Copyright Act rejects the natural evolution of communications, technology and the markets in favour of containment, not for the benefit of the people, but for the benefit of large, profit-driven corporate interests which have no interest in the betterment of our society.
I have always felt that it is the job of the Canadian government to pass laws which work toward the benefit of our people tomorrow, not the bottom line of a few large firms today. When the House returns in the fall and begins to debate copyright reform, I respectfully urge you and your colleagues to carefully consider who you intend to protect with the new laws and whether or not those laws will ultimately contain or unleash the Canadian future.
Sincerely,
Robert J. Young of Stratford, Ontario
rjyoung@frankie.ca