
An interesting “gap analysis” argument has been taking place in Canada, played out in op-eds in insider news outlets such as Ottawa’s Hill Times (sorry, subscription only) and in broader discussion forums. The debate, if I can call it that, was initiated by Michael Geist, a prolific commentator on copyright and technology issues, who is based at the University of Ottawa. According to Dr. Geist, there is a “fair dealing gap” in Canada as a result of copyright reforms in 2012 that allowed Canada to implement the WIPO Internet treaties that it had signed a number of years previously. This alleged “fair dealing gap”, according to Geist, is a result of the Technological Protection Measures (TPM) provisions that were established as part of the legislation. These provisions prevent illegal circumvention of the digital protections rights-holders place on their content in order to control and prevent unauthorized access to that content. Continue reading ““Minding the Gap” in Canada: But Which Gap?”