Copyright Act
Date: 2023_04_27
Chamber: HOUSE OF COMMONS
Mr. Brian Masse: I am happy to rise on Bill C-294 , an to amend the Copyright Act regarding interoperability. I want to thank the member for Cypress Hills--Grasslands for introducing this legislation. As I have mentioned before, private members' bills go through a certain process in this House. This bill builds on previous work done in the House of Commons and at the industry committee. It is almost like a cousin to some of the right to repair work I have done in the past. In particular, this is work related to technological protection measures, or TPMs, which can interfere with the reuse or use of different types of electronics. Many times TPMs are done through a loophole in the Copyright Act that allows them to be used in a way that reduces competition, reduces the ability for products to have an extended life and reduces the ability for individuals to repair an item and for other companies to employ technologies. What we have, basically, is a system that can be abused to stop devices from talking to each other and, importantly, from being part of the Canadian economy in many different ways. I know we often use it in agriculture, but it is also about other electronic devices, entertainment devices, programs, services and gear. What ends up happening is that we get a lot of waste and get a lot of different ways to reduce competition, affecting small business and innovation. We have a number of different situations where it can be used to create a monopoly in and dependence on different types of industries. We heard at committee some really good testimony about this. Several witnesses came forward from across the country at the industry and technology committee to talk about the challenges we have. We also had some good testimony regarding what is going on with the United States and the fact that it is a little more advanced than we are in this situation. This bill would not be the end-all, cure-all for many of the situations we have, but it is a great step forward to start dealing with some of the unfair practices that take place with TPMs. Again, TPMs are technological protection measures. What they can do is lock in customers. That way, a customer who has been using a certain product, which could be in the farming industry, for example, or another one, is actually stuck with a supplier. That type of product might have been used with something else in the past, but because of the use of technological protection measures, a person is required to make a change and shift into a company's other products, not by innovation but by a designed attempt to circumvent other competition. In the past, I have worked on the right to repair issue related to automotive. My right to repair bill has been retabled. It would provide more consumer protection, would reduce environmental degradation and would increase public safety. In the past, automaker companies that were original equipment manufacturers, or OEMs, would block the fixing or servicing of vehicles through non-competitive practices to ensure we had limited places to go to fix a vehicle. Why is that important? It is important because if someone has no choice, they are going to need to pay more, which is one thing. Also, people in rural, agricultural or remote communities may not even have access to some of the services and may have to ship or drive their vehicles hundreds of kilometres away, which is bad for the environment and bad for public safety. I come from Windsor, Ontario, which is right across from Detroit, Michigan, in the United States. In my situation, I could get my vehicle fixed two kilometres away when crossing into the United States, but because Canada was behind with its measures, I could not in Canada. The suppliers, the original manufacturers, would not provide information. In the United States, for the most part people can get this through a number of measures, because its laws are much more restrictive on anti-competitive practices. It is still an issue there and different states are dealing with it, but it has a bit of a better situation. I tabled legislation, which went through this chamber and passed, on the right to repair, but a voluntary agreement with automakers was created instead. We wanted a full law, but at that time, the industry agreed we could try a temporary solution to it. We basically got a field goal instead of a touchdown on the issue. The problem is that we now have a new digital age where technological protection measures are much easier to embed, and some companies, like Tesla, have opted out of the voluntary agreement. The voluntary agreement has a number of manufacturers that have agreed to participate. There is no free cost to this and no rip-off going on in the aftermarket. It is a way to pay for the product, have a servicing application for the product and get the training and all the necessary things needed for the product. It is not a gift. It is not stealing. It is just a way of being able to use those things. Unfortunately, if we look at Tesla, Elon Musk is just choosing to opt out, and it is ironic that the government is allowing Tesla to put charging stations in parks and recs but is not enforcing the act. We are actually going into discussions on that. Maybe the act should not be voluntary anymore. We will see about that, but it is unfair to consumers. This is one of the reasons I support this particular bill. With the TPMs and access to technology, it is also really clear that the agricultural community needs this right now, as this issue creates inefficiency. It puts greater stress on those in the industry, whether they have small, medium or even larger farming establishments. It also creates more pressure for services, because some of these areas are remote, as I have noted before. One of the dangers is that there are fewer options because of the geography of remote or rural areas. We put equipment either on the road or in the fields that is not operating as if in prime condition, as it should be, just because of anti-competitive measures that use a loophole in the Copyright Act. We have been warned that the bill has to be compliant with the Canada-U.S. trade agreement. This issue was raised at length. We believe we have found a kind of sweet spot for the bill, and we will now pass it on to the Senate for it to have a review. I think that is to the credit of the entire committee, which is known for being as co-operative and collegial as it can possibly be. One of the reasons I think the bill should go to the Senate now and get passed is that the session is coming to an end. I say it is the end now, but we have a long four weeks and then another four weeks, and believe me, that is a long time. At any rate, it will disappear before we know it. Hopefully the bill will get to the other chamber, where senators will get a chance to look at it and get it done before the end of the summer so it can go to the next process at that time. This is the policy outcome we want with this legislation. When this type of private member's bill comes forward, it is very much focused on a particular problem and issue. It is why its merits were proven at committee. I think that is important to recognize, because the committee could have sent it back here, and it could have come back at a point where we would not have supported it. However, we have decided to support it as New Democrats, first for the issues related to competition and the TPMs, which basically use a loophole to be anti-competitive, and on top of that, for the stress already placed on the agricultural community. This is one of those unnecessary elements that should be eliminated from it. This could have been done a long time ago; it is not a new issue, but I do want to acknowledge that it is becoming increasingly complicated to deal with. That is one of the reasons we want this to be done in a relatively quick fashion, if we can. The other House will decide its agenda in terms of its time and what is at committee, but hopefully it can look at the bill and get it done, because there is no time to waste in the chamber on this. There will only be increased elements to consider with artificial intelligence and the other types of electronics and communication issues that take place among devices and goods and services, so this is one of the things we should clear up right away. I am happy to support the bill, and I encourage all members of the House to do so. I want to conclude by thanking the member for Cypress Hills--Grasslands for bringing the bill forward. I think it is an important piece of legislation that would create at least one benefit to help people in our economy.