O O Ø O O O O
Criminal Tools
The Right Honourable Stephen Harper
Office of the Prime Minister
80 Wellington Street
Ottawa K1A 0A2
cc: Hon. Jim Prentice, http://pintday.org/archive/20080805
Mr. Harper;
I have written you before on the subject of Bill C-61—explaining how the bill will cause cultural contributions to be lost to future generations, and how the bill allows content creators to opt-out of their obligations under copyright law. Today I’d like to give another example of how Bill C-61 can be considered harmful: it will criminalize the act of running open-source software.
When I’m not trying to finish my Ph.D, I write software for a Calgary-based project called OpenBSD. It’s a volunteer thing, and like all volunteer activities, I don’t do this because I expect to make any money out of it. I do it because I believe in the project and its goals.
If you’re not familiar with it, allow me to give you some background: OpenBSD is a Unix-based operating system—in other words, it’s the software that runs your computer—like Windows. Unlike Windows, however, OpenBSD is completely free. Not only can you obtain and run the software for free, you are free to modify it. As a computer engineer, the ability to tinker with my computer at all levels holds great appeal for me. That’s why I’m involved with the OpenBSD project. That’s why I like the notion of open source.
You may be wondering what any of this has to do with copyright. The point is very simple. The proposed changes contained in Bill C-61 make it illegal for me to watch a DVD (which I have legitimately purchased) on my laptop.
The reason is as follows. DVDs contain a simple form of protection called CSS (Content Scrambling System). CSS is an encryption algorithm—the data on the disc is scrambled using a secret key. Only people in possession of that key can unscramble the content and watch the disc. Of course, you don’t have to type a key into your DVD player every time you want to watch an episode of Lost. This key is embedded into the player itself.
The problem with this type of protection is that it is utterly incompatible with an open-source Operating System. In such a system, I can see how things work. Thus, in such a system, I am able to read a copy of the secret key used to encrypt DVDs. This means I can decrypt the content on the DVD. Of course, the software would have to do this anyway—that’s the only way to get the encrypted bits from the disc to your TV—the difference is that I can choose to do something else with the program. i could change it to make a copy of the decrypted DVD.
Bill C-61 makes it a crime to descramble scrambled content without the copyright holder’s permission. Furthermore, Bill C-61 makes it a crime to distribute any tool which can be used to remove or alter Technological Protection Measures. Since my laptop runs open source software, and open source DVD-playing software can be used to build DVD-copying software, then the software I would need to use to watch a DVD is a tool—a criminal tool at that. Distributing such a tool is prohibited by Section 41 of the proposed act.
And presumably, since the tool itself is prohibited, so is my using it—even to watch a legally purchased DVD on my legally purchased laptop. I have no protection under the proposed Bill, as removing a technological protection—even simply to watch my DVD—is a prohibited act, and is not subject to the $500 damages cap that is so often touted by supporters of this Bill.
Mr. Harper, I cannot support a Bill which criminalizes the very act of watching a movie that I own on my own personal laptop. I cannot support a Bill which considers my computer to be a criminal tool, simply because I have the ability to modify the software that runs on it. I cannot support a bill which criminalizes the same act for all the developers who produce open-source operating systems in Canada. I cannot, Mr. Harper, and I don’t believe you should either.
Please kill Bill C-61.
Sincerely,
kj
August 5, 2008
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