(c) the individual, in order to make the reproduction, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented;'technological protection measure'?
Could they be meaning DVD encryption, DRM, and maybe even those Sony BMG Rootkits?
(a) in respect of a technological protection measure within the meaning of paragraph (a) of the definition “technological protection measure”, to descramble a scrambled work or decrypt an encrypted work or to otherwise avoid, bypass, remove, deactivate or impair the technological protection measure, unless it is done with the authority of the copyright owner; and
(b) in respect of a technological protection measure within the meaning of paragraph (b) of the definition “technological protection measure”, to avoid, bypass, remove, deactivate or impair the technological protection measure.OK, so the next time some media company thinks a rootkit being stealth installed because we foolishly insert a music CD into our computer we are supposed to leave it there... We cannot take precautions against such a thing under this definition of 'to otherwise avoid, bypass, remove, deactivate, or impair the technological measure' without Sony's say so.
Leaving aside the fact that Sony's rootkit was probably breaking several laws, not to mention, was in really poor taste from the standpoint of good business practices, it still leaves DVD encryption and DRM as illegal to decrypt. It also leaves the door wide open for the industry to call whatever it wants a 'technological protection measure', and don't think they won't do exactly that...
These are the same people who think every new technology will be the end of them, and have been crying wolf since the invention of the printing press a couple of centuries ago. There are five or six companies that hold the majority of all copyrights on entertainment media, and they are always in agreement with each other on their tactics.
They behave as a monopoly, and they don't believe in giving us the freedom to enjoy their materials... If they could attach a coin slot to our speakers and television sets, they would. They have huge pockets when it comes to paying lawyers, and feign bankruptcy because someone, uploaded to youtube, a video of their baby dancing to whatever we're now calling that guy who changed his name to an unpronounceable symbol.
They get 'public domain' pushed back further every time The Beatles are about to fall out of copyright... If I can see section 41 of Bill C-11 effectively making the rest of the bill a waste of effort, you can bet they already have rootkits at the ready for all Canadian released CDs. OR WORSE.
The only ideas the entertainment industry does not have, are 'how to adjust our business model to fit into the digital age', and ANY CREATIVE IDEA THAT IS A NEW ONE... stupid sequel of a re-released, reboot of a movie that was a tv show that was a cartoon based on a comic book. Between their foolish lawsuits, unwillingness to adapt, lobbyist spending, backdoor deals, political maneuvering, and no new ideas in the last 25 years they blame piracy for some decline in profit, which I think is actually a creative accounting lie...