In Defence of a Defence - A Demonstrable Legitimate and Non-Infringing Purpose as a Full Defence to Anti-Circumvention Legislation

In this essay, I will argue that making a demonstrable lawful and non-infringing purpose a full defence to copyright infringement by circumvention of a TPM addresses many of the concerns raised by the currently proposed legislation, while avoiding the pitfalls of directly linking anti-circumvention laws with actual copyright infringement. As the ratification of the WIPO Internet treaties is the foremost concern for this legislation, I will begin with a discussion as to how this model can successfully implement the treaties’ anti-circumvention provisions where the Bill C-60 model may have failed. I will then explain why this model strikes a better balance between the rights of copyright holders and the legitimate interests of users. To do this, I will discuss the implications for fair dealing, addressing how the currently proposed provisions interfere with the fair dealing exceptions found in the Copyright Act while this model does not, as well as the more general issue of whether TPMs are capable of interfering with fair dealing at all. I will also address this model’s implications for the new user exceptions in Bill C-32: in particular how this model negates the need for the TPM exemptions to these exceptions currently found at s. 29.22(1)(c), s. 29.23(1)(b), and s. 29.24(1)(c), and why that is a preferable outcome

In Defence of a Defence - A Demonstrable Legitimate and Non-Infringing Purpose as a Full Defence to Anti-Circumvention Legislation

In this essay, I will argue that making a demonstrable lawful and non-infringing purpose a full defence to copyright infringement by circumvention of a TPM addresses many of the concerns raised by the currently proposed legislation, while avoiding the pitfalls of directly linking anti-circumvention laws with actual copyright infringement. As the ratification of the WIPO Internet treaties is the foremost concern for this legislation, I will begin with a discussion as to how this model can successfully implement the treaties’ anti-circumvention provisions where the Bill C-60 model may have failed. I will then explain why this model strikes a better balance between the rights of copyright holders and the legitimate interests of users. To do this, I will discuss the implications for fair dealing, addressing how the currently proposed provisions interfere with the fair dealing exceptions found in the Copyright Act while this model does not, as well as the more general issue of whether TPMs are capable of interfering with fair dealing at all. I will also address this model’s implications for the new user exceptions in Bill C-32: in particular how this model negates the need for the TPM exemptions to these exceptions currently found at s. 29.22(1)(c), s. 29.23(1)(b), and s. 29.24(1)(c), and why that is a preferable outcome

Reconstructing governability: How fisheries are made governable

Governability is an important concept in the political and environmental social sciences with increasing application to socio‐ecological systems such as fisheries. Indeed, governability analyses of fisheries and related systems such as marine‐protected areas have generated innovative ways to implement sustainability ideals. Yet, despite progress made, we argue that there remain limitations in current conceptions of governability that hinder further analytical development and use. By drawing on general systems theory—specifically cybernetics, control and feedback—we interrogate the conceptual foundations that underpin two key limitations: the need to incorporate the numerous variables that comprise a complex, holistic system into a singular assessment of governability, and the a priori separation of the governor and the governed that precludes analysis of a self‐governing situation. We argue that by highlighting the reciprocal nature of a governor–governed relationship and the co‐produced understanding of governing capacity and objects, a relational approach to governability is possible. This offers a clearer and more pragmatic understanding of how governors and fishers can make fisheries governable