The Supreme Court of Canada issued its much anticipated rulings in the five copyright cases it heard last December. It will obviously take some time to digest these decisions, but the clear takeaway is that the court has delivered an undisputed win for fair dealing that has positive implications for education and innovation, while striking a serious blow to copyright collectives such as Access Copyright.
Led by Justice Abella, the court has reaffirmed that fair dealing is a user's right that must be interpreted in a broad and liberal manner. In fact, the court provides further guidance on interpreting fair dealing with an emphasis on the need for a flexible, technology-neutral approach. In reading the decisions in the Access Copyright and song previews cases, it is hard to imagine a bigger victory for education, Internet users, and innovative companies. This post will provide some quick key points in the Access Copyright and song previews decisions.
Earlier this month, I gave the afternoon keynote at the Internet Archive’s Decentralized Web Summit, and my talk was about how the people who founded the web with the idea of having an open, decentralized system ended up building a system that is increasingly monopolized by a few companies — and how we can prevent the same things from happening next time.
In May, Facebook division Oculus broke its longstanding promise not to use DRM to limit its customers’ choices, deploying a system that prevented Oculus customers from porting the software they’d purchased to run on non-Oculus hardware.
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