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Writing -
Articles & Chapters
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Among the many ways that law can influence the creation and distribution of digital content, two stand out for analysis in this article: prohibitions against breaking digital locks, and levies on products used to copy digital materials.
I show how, in attempt to address the concerns of various stakeholders, (some of whom favour locks, some levies), Canadian and American lawmakers may enact compromise solutions that fail to properly take into account the interests of consumers. Simultaneously using locks (so-called technological protection measures) and levies to address digital copyright issues may force consumers to pay levies to compensate for copying that either cannot occur, is already licensed or is or ought to be fair use/dealing. I advise policymakers to be aware of this concern in order to minimize inconsistencies and incompatibilities when responding to the challenges of private copying and p2p file sharing.
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