posted by CCER at Tue, Jul 6th, 2010

George Geczy, co-founder and co-owner of Battlegoat Studios, has just released a thoughtful and eloquently written document entitled: A “Canadian Content Creator’s View” of the Copyright Modernization Act (Bill C-32) (PDF).

While Mr Geczy has not been shy about expressing his and his company’s views regarding copyright, the need to speak out on copyright and the Canadian video game industry, Mr Geczy’s is a seasoned veteran when it comes to copyright and video games, he literally has been involved since ‘82:

I think it is important to point out that I have been a digital content creator since 1980 and a business owner since 1982…I have also been involved with digital copyright issues since the early 1980’s, and my first submissions on the “current round” of copyright reform were in September 2001. I have since made submissions to each opportunity for consultation and feedback on copyright, FTAA, and ACTA.

Reflecting on Bill C-32, Mr Geczy arrives at much the same conclusion as distinguished scholars, business coalitions, universities and colleges and federal opposition MP’s. Mr Geczy sums this up succinctly with the following assertion:

Unfortunately, Section (47) of C-32, which adds the new Technological Protection Measures regulations, is so inherently flawed and unbalanced that it not only overshadows the progress in other sections of the bill, but in facts eliminates them by its “over-riding” nature. In recent comments the Minister of Heritage has said that the bill strikes a balance and “everyone got some water in their wine”. However Section (47) is more like arsenic in the wine, it destroys the progressive elements of the bill by invalidating them, and without changes this section makes the bill unacceptable and entirely unbalanced.

Mr Geczy offers a simple solution to the contentious protection for digital locks laid out by Bill C-32 that would satisfy Canada’s WIPO requirements, allow consumers to uphold their Fair Dealing Rights and Expections and protect creators and publishers against supposed large scale infringement. Think Mr Geczy’s solution would entail another lengthy research submission to satisfy all stakeholders as well as meet Canada’s international obligations? Think again, as Bill C-32 can be fixed with 10 words, yes 10 words:

Circumvention of Technical Protection Measures be permitted for non-infringing uses.

The CCER encourages Canadians to read Mr Geczy’s paper in its entirety to see how he rightly arrives at such simple yet effective fix. And to you Mr Geczy, by George, I think you’ve got it!

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