Daily Archives: July 25, 2008

Further Notes on Bill C-61

A while ago I wrote to the editor of NOW Magazine about Bill C-61 (you can read the letter here). The letter was published on July 15, 2008 (click here for the web version). In the letter I mentioned that it is legal to rip a otherwise legally obtained DVD for personal use.

A letter written by Kent Wakely of Toronto was published by NOW  on July 23, 2008 (read it here), indicating that anything done to circumvent the anti-copying technology would be illegal under the bill. Among other thing, Mr. Wakely indicated, ripping a DVD is for sure illegal.

I wish to add a note. Ripping a DVD would be illegal if the ripper program circumvents a “technological measure” that is encrypted on the disc. Apparently, accordingly to Mr. Wakely, all commercially available DVDs come with some kind of anti-copying device. Sadly, this is true.

However, Bill C-61 does not repeal the fair-dealing exception. As much as circumventing copyright  is an infringement, fair dealing for private research or study is not an infringement.

I think it is reasonable that ripping an encrypted DVD for personal viewing, without further sharing, would safely fall under this category.

Tagged ,