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: Michael Geist

61 Reforms to C-61, Day 34: TPMs - LAM and Educational Institution Limitations, Part Two

By Michael Geist

Yesterday's posting referenced the damages limitation for libraries, archives, museums, and educational institutions that limits their liability for "innocent circumvention" to an injunction only.  It is worth asking why this principle does not extend to all Canadians.  If the circumvention occurs for innocent purposes (ie. where the individual did not know that the circumvention violates the law), there is no reason to layer on the prospect of financial liability.  As many have stated, the law fails to distinguish between cases of commercial piracy and non-commercial, private activities.  The damage provisions should be amended to reflect those differences, not privilege only libraries, archives, museums, and educational institutions.

Full post as published by Michael Geist on August 07, 2008 (boomark / email).