Copyright Act
Date: 2023_04_27
Chamber: HOUSE OF COMMONS
Mr. Sebastien Lemire: I rise today to speak on the importance of this interoperability bill, a key initiative in protecting consumer rights and encouraging innovation. However, it is equally important to prevent this legislation from being used to restrict competition or limit the consumer's ability to use products and services they lawfully purchased themselves. I would like to acknowledge the work of the member for Cypress Hills--Grasslands . He answered questions from us and showed a strong command of the topic. I think that all members of the Standing Committee on Industry and Technology would agree that many companies will use this new provision of the Copyright Act as intended. I would also like to underscore the work of the member for Halifax and parliamentary secretary, who managed to get us all on board despite our conflicting positions during the negotiation phase. Like the member for Cypress Hills--Grasslands, I also come from a rural area, and all too often our farmers, miners and others find themselves stuck in closed ecosystems. In other words, if a farmer purchases a John Deere tractor, and a company has developed a piece of machinery with the features he needs and that suit him, as it stands, it is quite possible that the elements are not interoperable, that they cannot connect to one another. Bill C-294 will allow the company in question to develop a connector so that the machine can be used properly with a John Deere tractor. The Bloc Quebecois will be voting in favour of Bill C-294 at third reading. Interoperability is an important concept in the digital world, too. This is about IT products and services being able to work together, regardless of their origin. In the copyright context, interoperability means that consumers can legally use the products and services they have purchased with other products and services, even if they are produced by other companies. This might seem obvious, but in practice, companies can use the Copyright Act to limit the interoperability of their products and services with those of other companies. For example, a company can use technological copyright protection measures to keep consumers from using a product or service with another product or service that has not been approved by that company. That can have major negative consequences for consumers and innovation. Consumers can find themselves stuck in a closed environment where they are forced to use the products and services of a particular company. That can make it difficult for competitors to compete with these companies, which can stifle innovation and lead to inferior products and services. I could cite the example of Apple products, which can only connect with other Apple products. The interoperability bill seeks to address this problem and allow consumers to circumvent technological copyright protection measures used by companies to limit the interoperability of their products and services. It amends the Copyright Act to allow interoperability in certain circumstances. Specifically, Bill C-294 proposes to introduce a copyright exception to permit the creation of products and services that are compatible with other copyrighted products, provided that it is done in a fair and equitable manner. This exception to copyright would allow developers to create compatible products and services without infringing on other companies' copyrights. This could pave the way for greater competition and innovation in the technology industries. In addition, the interoperability bill would help strengthen consumer rights. Consumers would be able to freely choose the products and services they prefer without being limited by digital locks. It may also encourage companies to offer higher quality products and services, as they would be forced to compete on the basis of quality and innovation, rather than on the basis of digital locks. It should also be noted that the interoperability bill would not affect companies' legitimate copyrights. They would still be able to protect their products and services with copyrights and prevent their illegal use. However, they would not be able to use copyrights to block interoperability and prevent competition. In committee, I wondered in particular about the video game industry, for example, and the possibility of copying games and putting them on other platforms such as online streaming platforms. The interoperability bill is also important for researchers and universities. They often need to access data and proprietary software to conduct research, which can be easier with interoperability. This could encourage research and innovation in a wide range of areas, from medicine to technology. Finally this bill could help boost Quebec's economy by encouraging competition and innovation, especially in the regions. Interoperability could stimulate the creation of new companies by making it possible for emerging companies to create products that are compatible with existing products without having to develop a new ecosystem from scratch. This could also help more established companies to innovate and remain competitive by offering goods and services that are more user-friendly and adaptable. This is an important initiative for the future of innovation and competition in Canada. It will allow consumers to freely choose the goods and services they prefer, help stimulate research and innovation and encourage the creation of new and innovative companies. This bill brings something positive for consumers, since it frees us from the limitations that many companies tend to impose on their clients, preventing us essentially from becoming prisoners of the original software owner. I commend the companies that do not resort to the act, that allow interoperability and do not obstruct it. If this bill gets through every stage, which has become highly likely on this side of the House, it will be the standard for all. There are many companies that come to mind that illustrate good practices and the benefits for consumers. If there is one thing to remember, it is that interoperability opens infinite possibilities to use the technological tools we have in better ways. We need to think about the enjoyable and user-friendly tools people want to work with. That is what the bill addresses. Take a cellphone, for example. It is much more than a telephone; it is a pocket computer that can be used for all kinds of activities. To make it even more versatile, we can download many different apps that get added to the operating system and add new functions to it. Without interoperability, would the use of this device be so widespread? I doubt it. The answer is obvious. I invite all my colleagues to support this bill and to work to promote it. By working together, we can create a more equitable, innovative and prosperous future for everyone. The idea is to dissuade businesses from developing products in a vacuum. I will repeat the same message this evening: We need to shift to a new paradigm and stop throwing money away. Repairability and interoperability are principles that need to be enshrined in the Copyright Act. We have to do much more with fewer resources. This realization is already reflected in Quebec's new laws and policies. It also helps to prevent waste and planned obsolescence. I want to thank the many witnesses and all the companies that made submissions. They have contributed to an initiative that originated in the work of an MP who was able to reflect the needs his constituents, as well as those in many other ridings. In closing, I would like to point out that the Copyright Act can be reformed in many other ways. I am thinking in particular of the people from Copibec, who appeared before the Standing Committee on Science and Research today. They basically told us the same thing they have told us in the past. There is recommendation 18 of a report by the Standing Committee on Canadian Heritage from 2019. The Standing Committee on Industry and Technology has already done a lot of research as well, but I am referring to this recommendation because it could take the Copyright Act further. To be clear, the fair dealing provisions do not apply to educational institutions if the work is commercially available. This creates a whole imbalance in terms of funding for creation in the science and research publishing community. This law prevents full funding because universities do not have to pay dues or royalties. Another example of how the Copyright Act will need to be reformed in the near future is to include all the issues involving artificial intelligence, where interoperability will certainly have many possibilities, but also some limitations.