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Member of Parliament

Marty Morantz

  • Member of Parliament
  • Member of Parliament
  • Conservative
  • Charleswood—St. James—Assiniboia—Headingley
  • Manitoba
  • Voting Attendance: 65%
  • Expenses Last Quarter: $99,486.97

  • Government Page
Context: House Hansard - 135 - Nov/25/22
Mr. Marty Morantz (Charleswood—St. James—Assiniboia—Headingley, CPC)
Mr. Speaker, it is an honour to rise today to speak to Bill C-294, the unlocking innovation act. I was delighted to hear from the member for Winnipeg North just a few moments ago that the Liberal members will be supporting this very important piece of legislation introduced by my Conservative colleague from Cypress Hills—Grasslands. I want to thank that colleague for all the hard work he has done to bring this important piece of legislation before the House. The bill would amend the Copyright Act to allow a person, in certain circumstances, to circumvent a technological protection measure to make a computer program interoperable with any device or component, or with a product they manufacture. It would allow the owner of a software-enabled device to bypass the lock in order to make it compatible with other applications, even if they are not developed by the original software developer. It would not allow anyone to break digital locks in order to copy or alter the work of an artist or a copyright holder without their consent. Authors have been protected by the act since 2012. The bill would allow people to break digital locks solely so the program can be used with another platform. This is called interoperability, and it is a very good thing. The bill results from a loophole in the Copyright Act applying to computer programs, also known as software, which are increasingly found in any number of digitized products imaginable. The bill would also harmonize our Copyright Act with American legislation, ensuring Canadian innovators and businesses remain competitive with small innovators, not just in the United States but in the European Union and Australia. The American regulation currently views that reverse engineering a computer program for a legitimate reason, such as achieving interoperability, falls under the general copyright exception of fair use. This is what the bill seeks to extend to Canadian innovators. The bill is also complementary to Bill C-244, addressing the right to repair. Whereas the right to repair tends to focus more on the consumer’s needs, interoperability necessarily carries broad implications for how competitive markets can function. There can be an equal or greater impact on the marketplace than from the right to repair. Specifically, it determines if small innovators and entire areas of industry can exist, let alone succeed, as seen in the Nintendo v. King decision. This case centred around the expansive use of technological protection measures. Increasingly, content creators and copyright owners have turned to technological protection measures to control how their works are accessed and used. Technological protection measures include technology that provides digital locks, preventing individuals from undertaking a variety of actions, such as printing, making alterations or controlling viewing. However, when a customer buys a product, they should be allowed to make alterations or repair the product themselves if they wish. After purchasing it, they are the owner of that hardware. In the case of Nintendo v. King, Go Cyber Shopping had advertised and offered for sale devices, referred to in the judgment as “mod chips”, a type of computer chip. Go Cyber Shopping offered mod chip installation services as well, which means it had merely offered to sell and install computer chips, including ones a customer may have bought elsewhere. The Federal Court in Canada found these activities constituted a circumvention of technological protection measures and awarded Nintendo $11.7 million in statutory damages and $1 million in punitive damages. This is why a bill like Bill C-294 is so important. It would allow small businesses who want to assist customers who own a personal technology device to make upgrades, modifications or alterations, or to repair that device. These small businesses would be able to do so without running afoul of overly expansive copyright regulations. The bill would not only help with consumer technology devices; it would also help many Canadian farmers. As Donna Boyd, president of the Agricultural Manufacturers of Canada, said: In today’s digital environment, physical product design is increasingly reliant on software, networking and computerization, and farmers must continue to have the freedom of choice to select the equipment that is right for their operations. Canada’s framework for interoperability is outdated and reflective of an era prior to widespread technological advancement, and it is time for meaningful modernization. By amending Canada’s copyright law, Bill C-294 seeks to provide a clear and limited exemption for consumers and future innovators to enjoy the benefits of interoperability. A growing number of Canadians believe the Copyright Act is long overdue for an update. Those who deal with copyright and intellectual property, including industry associations, are actively calling for it. This is what Bill C-294 will accomplish, allowing industry to meet modern technological demands. For the last 10 years, since 2012, Canada’s Copyright Act has enforced technological protection measures to help businesses and creators benefit from their own work, including software. Some companies use this to put digital locks in place, limiting which information their competitors or users can access within their products. Combined with a lack of clarity in copyright law, this can block users from having their machinery or devices interoperate with other equipment, as they were once able to do. Along with consumers, manufacturers are left with both practical barriers and uncertainty under the current legal precedent if they want to sell their competitive products. This bill will provide a clear, limited exemption for consumers and innovators who simply wish to enable their devices or machinery to interoperate with other equipment, as they were always able to do before. If passed, Bill C-294 will better support Canadian innovators and consumers to maintain a competitive marketplace while upholding Canada’s copyright framework. I look forward to having the opportunity to vote to send this bill to the Standing Committee on Industry and Technology. I would like to again congratulate my colleague for bringing forward this important initiative for us to consider. I hope that, as parliamentarians, we can all work together to get this bill passed as soon as possible.
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Context: House Hansard - 109 - Oct/6/22
Mr. Marty Morantz (Charleswood—St. James—Assiniboia—Headingley, CPC)
  • Oct/6/22 10:19:54 a.m.
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Madam Speaker, I have listened to the hon. member's speech, and I have to say that only the NDP could think that raising taxes on Canadians would make life more affordable. Talk about topsy-turvy. Raising taxes would make life more affordable, what a fantasy world. The fact of the matter is that if the NDP were really serious about making life more affordable, it and its Liberal coalition partners would not be tripling the carbon tax. They have allowed housing prices and gas prices to spiral out of control. They are increasing the paycheque taxes. How can we take this member seriously when his logic is just so backwards?
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