Copyright Act
Date: 2023_04_27
Chamber: HOUSE OF COMMONS
Mr. Dan Albas: I want to take a moment to express my appreciation for the member of Parliament for Cypress Hills--Grasslands for his dedication and hard work in crafting Bill C-294 . As someone who is familiar with the demands of crafting a private member's bill and who understands the complexity of the legal amendments, I recognize the effort and energy that goes into such a private member's bill. I believe that even small changes in law can profoundly impact an industry or an activity, and as such, I commend the member of Parliament for his foresight and fortitude in seeing the bill through. I was part of the last review of the Copyright Act, and the process was like drinking from a parliamentary lobbyist's firehose. First there were calls from special interest groups to appear, and then there were calls asking to meet prior to the meeting. Then there were calls to come to committee to respond to the position of the first group by a second group, and by then the first group wanted a follow-up meeting. I think everyone gets the picture. Copyright Act changes are full of winners and losers. Everyone wants to win, often at the expense of each other and especially consumers. This is where government is supposed to come in and make sense of it all. Unfortunately, we have seen time and time again that the government would much rather ignore issues such as these than make changes. It has preferred to make changes when needed to appease a trading partner by inserting a clause pertaining to copyright in an omnibus budget bill, rather than to see a comprehensive legislative change. At a time when digital innovation is moving so fast, the government simply wants to wait around hoping no one will notice. Well, someone has noticed. We know that by tabling the bill, the member of Parliament for Cypress Hills--Grasslands has uncovered an important issue. I will go back to the copyright report. In the report, we made several recommendations, which unfortunately the Liberal government has failed to pursue. For example, recommendation 19 states: That the Government of Canada examine measures to modernize copyright policy with digital technologies affecting Canadians and Canadian institutions, including the relevance of technological protection measures within copyright law, notably to facilitate the maintenance, repair or adaptation of a lawfully acquired device for non-infringing purposes. Most attribute this recommendation to the issue of the right to repair, which has been addressed by other private members' bills. In today's debate, I would like to focus on the last part. Bill C-294 is all about the "adaptation of a lawfully acquired device for non-infringing purposes." By the way, this is because some companies are utilizing technological protection measures, or TPMs. As we know, these technological locks are widely used to prevent users from accessing copyrighted content. While these rules were first put in place to protect the works of others from being stolen, such as a pirated video game or music album, we have seen manufacturers use these copyright technological protection measures to create new business models. In one of these business models, they create a proprietary data ecosystem, one backed by terms and conditions, protected by law and copyright, and secured in the hardware by a technological protection measure. Farming is one of the first examples where this issue of interoperability has arisen. Once a customer, like a farmer, agrees to purchase a piece of hardware, such as a tractor, a harvester or another piece of machinery, all the data and all the systems are powered using the manufacturer's technology. While this business model may seem reasonable and offer many benefits at first glance, it becomes problematic when a farmer purchases a separate piece of equipment and finds out that due to the TPMs they cannot use it. It is not that the tractor will not tow it, as it hooks up fine, but it will not function, as neither the data nor its operating system allows for interoperability. First, this raises costs for the user, as the farmer paid for this expensive piece of equipment from another company, so there is that loss. Second, it hurts innovation and productivity, as that piece of equipment, despite it being from a rival company, may arguably lead the field among that kind of specialized equipment. That company would lose the sale, and the farmer would lose the productivity gain in using a different specialized piece of equipment. This hurts innovation overall, as firms that could make or used to make these specialized pieces are cut out of the game entirely due to this business model. Some would ask what is wrong with that; that is competition. Well, real competition pits products and services against one another, rewarding innovation and productivity, not copyright and exclusivity. This is where Bill C-294 comes in. The bill proposes to amend the Copyright Act to allow consumers to bypass TPMs for the purpose of achieving interoperability, like in my example of the farmer. The right to interoperability is critical for consumers. In today's digital age, consumers expect to be able to access their software seamlessly on different devices and platforms. Technological locks prevent this from happening and limit consumers' right to use their purchased equipment for non-infringing purposes. Therefore, as we have heard, this argument applies to more than just farming. The Internet of things, where every device or part has sensors or relays information, raises important questions. A good example is the standard charging cord. If a consumer purchases a generic charger that meets the specifications of a device like a phone or tablet, it should work. I contend that a phone or tablet company should not be able to deny a consumer's wish to use a different charging product just because it was bought from another supplier and works as well as the one the tablet company might offer. If I bought a car and was only allowed to have it serviced by the manufacturer's approved vendor or was only allowed to install its approved parts, which of course would have a chip in them, there would be benefits to me and to the company. For instance, I would be eligible for a longer warranty or for discounts, I would get performance data and I would have a plan for when each new part should be replaced, so I could budget accordingly. However, what if I chose a different part or wanted to stick with a trusted mechanic? What if the car manufacturer designated under my warranty that if I used a generic part that worked as well but was not the official authorized part, the car would not start or the manufacturer might void the warranty? I am picking on that industry, and those who work in it would say this is unfair. However, is it unfair? What if a company decided it would change its model, as Microsoft and Apple did in the 1990s and 2000s, in terms of what browsers, programs or apps would be available on their networks or devices? This is why Bill C-294 is so important. We want to see competition and innovation. We want to see profitable companies hiring workers, making investments and paying taxes, but not with a business model that disables choice by limiting interoperability. It is also my hope that other members of Parliament will look at the example of the member for Cypress Hills--Grasslands and show the same entrepreneurial, competitive spirit, looking at how they can make changes to the Copyright Act that are necessary and needed. This is particularly important because the government looks more and more listless; it does not want to tackle these tougher issues outlined in the recommendations in our copyright report that. To this day, they have been ignored or, worse yet, sold out policy-wise for expedience. The government has done this rather than trying to build a truly competitive copyright system. In conclusion, the right to interoperability is crucial for consumers, and Bill C-294 proposes to amend the Copyright Act to allow consumers to bypass TPMs to achieve interoperability. This amendment would benefit consumers, promote innovation and create a more competitive marketplace. Therefore, Madam Speaker, I will start with you, but I encourage all members of this place to support Bill C-294 and to recognize the right of interoperability and how important it is for consumers and businesses alike. I hope that members of this chamber support the bill and that the other place takes it up quickly.