Linux Today: Linux News On Internet Time.
Search Linux Today
Linux News Sections:  Developer -  High Performance -  Infrastructure -  IT Management -  Security -  Storage -
Linux Today Navigation
LT Home
Contribute
Contribute
Link to Us
Linux Jobs


More on LinuxToday


How about a legal penalty for hindering fair use?

Jul 11, 2010, 11:04 (0 Talkback[s])

[ Thanks to Bernard Swiss for this link. ]

Two stories on enforcing fair use:

Ars Technica: US could learn from Brazilian penalty for hindering fair use

Brazil has proposed a broad update to its copyright law (Portuguese) and it contains a surprising idea: penalize anyone who "hinders or impedes" fair use rights or obstructs the use of work that has already fallen into the public domain.

A huge win for consumers? Sure, but it gets better. A moment's thought reminds us that most DRM schemes will eventually run afoul the above provisions, since they apply in perpetuity. That DRMed music file will still be DRMed even after the song has fallen into the public domain.

...Contrast this with the US approach to copyright in the Digital Millennium Copyright Act (DMCA), which said nothing about time-limited DRM and made circumvention illegal in nearly all cases, even when the intended use of the material would be legal.

Michael Geist: Brazil's Approach on Anti-Circumvention: Penalties For Hindering Fair Dealing

The Supreme Court of Canada has been very active on copyright issues over the past decade with cases such as Theberge, CCH, and Tariff 22. In the Theberge case, Justice Binnie identifed a crucial point when it comes to striking the right balance on copyright, stating

"The proper balance among these and other public policy objectives lies not only in recognizing the creator's rights but in giving due weight to their limited nature. In crassly economic terms it would be as inefficient to overcompensate artists and authors for the right of reproduction as it would be self-defeating to undercompensate them."

Complete Story

Related Stories: