C-11 ~ What *are* TPMs anyway?
The majority of those Canadians who took my unscientific poll understand (or think they understand) what DRM is.
Yet very few taking my poll had any idea what TPMs are.
Friday May 4th was the International Day Against DRM. Although Canada has been talking about changing copyright law for well over a decade, DRM (Digital Rights Management, or Digital Restrictions Management) isn’t even mentioned in Bill C-11, the draft legislation currently before parliament.
Interestingly enough, many Americans are just as confused by the acronym TPMs as Canadians are, because, especially in the tech sector, TPM is more often an acronym for Trusted Platform Module.
If you search for “Technical Protections Measures” on Wikipedia, you will be redirected to the “Copy Protection” page. And oddly, although people talk about “Technical Protection Measures” the language in Bill C-11 is actually “Technological protection measures.”
Wikipedia will tell you that there is no “Technological Protection Measures” page, but provides a list of search results. Unsurprisingly, the first on the list is the Digital Rights Management page, which is appropriate since “Technical Protections Measures” or TPMs are pretty interchangeable with DRM.
`Sec. 1201. Circumvention of copyright protection systems …
(3) As used in this subsection–
`(A) to `circumvent a technological measure’ means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and
`(B) a technological measure `effectively controls access to a work’ if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
Bill C-11 defines TPMs thus:
“technological protection measure” means any effective technology, device or component that, in the ordinary course of its operation,
(a) controls access to a work, to a perform- er’s performance fixed in a sound recording or to a sound recording and whose use is authorized by the copyright owner; or
(b) restricts the doing — with respect to a work, to a performer’s performance fixed in a sound recording or to a sound recording — of any act referred to in section 3, 15 or 18 and any act for which remuneration is payable under section 19.
Short answer: TPM is Bill C-11 legal language for DRM.
If Bill C-11 becomes law as written, it will become illegal to circumvent DRM, even if the DRM is “protecting” work that does not infringe copyright. Work that is in the public domain. Work that qualifies as fair dealing. Work that is licensed to share. Work that doesn’t infringe copyright.
Bill C-11 will give DRM super powers in Canada.
If Bill C-11 becomes law, I expect DRM will appear on everything destined for the Canadian market.
WSIC (Waterloo Students for the Information Commons) has set up a DRM/TPM wiki