Re:Canadian Photographers Now Officially Own the Copyright t...
by unavoidable on Monday November 12, 2012 @09:34AM
(#4772945)
Although I would like to see that happen, I think the argument is a big stretch. The constitutional challenge depends on the assertion that there is a free-standing right to access information, even if it is privately produced. Geist and other scholars are of course in favour of this interpretation, but I don't think it has been adopted by courts anywhere yet.
"Many experts believe that the government's decision to adopt one of the most restrictive digital lock approaches in the world - it creates potential liability without actual copyright infringement - renders the provision vulnerable to constitutional challenge." [1]
[0] http://news.ycombinator.com/item?id=4771752
[1] http://www.michaelgeist.ca/content/view/6557/125/