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DRM for downloads in Canada?

p2pnet.net News:- When Canadian music publishers asked the Copyright Board to approve standard terms and conditions for the sale of online music in Canada, “parties argued mostly about the formula for setting the price,” says University of Ottawa intellectual property specialist professor Jeremy deBeer.

In fact, apart from some disagreement about eligible licencees, there was little or no discussion about most other terms and conditions in the tariff, he says.

But there’s a potential problem, and it’s by no means minor.

At least one of the neglected clauses could have serious consequences for the future of online music in Canada, says deBeer, continuing:

“The proposed tariff says that, as a condition of the licence, ‘an online music service shall use all technical and other means available to it to ensure that reproductions made by a user are exclusively for that user’s private use.’ Is this provision really what it appears to be: mandatory DRM for Canada’s online music market?

“Would the tariff require online music services to use TPMs? Would ‘other means’ require strict end user licence agreements?”

Could online music stores wanting to continue selling DRM-free music, be sued? – deBeer wonders.

“Could they negotiate a separate agreement, and even if so, would they be at a competitive disadvantage?” – he asks. “Will consumers just have to accept DRM if they want to pay for music? If all or most online music services must use DRM, would that limit creators’ freedom to sell online music on their chosen terms? What would be the broader public policy implications of mandatory DRM?”

The tariff is still in proposal form and the Copyright Board can alter terms and conditions, says the post, adding:

“The Board has acted in the public interest by altering proposed tariffs in the past, despite consensus among the parties directly involved. We likely won’t find out for some time whether the Board decides to do so here.”

Also See:
Jeremy deBeerMandatory DRM?, October 10, 2006


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