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Decentralized Democracy

Member of Parliament

Rick Perkins

  • Member of Parliament
  • Member of Parliament
  • Conservative
  • South Shore—St. Margarets
  • Nova Scotia
  • Voting Attendance: 67%
  • Expenses Last Quarter: $136,927.65

  • Government Page
Context: House Hansard - 231 - Oct/6/23
Mr. Rick Perkins (South Shore—St. Margarets, CPC)
Mr. Speaker, today I rise in the House to speak at third reading of this important legislation, Bill C-244, otherwise known as the right to repair bill, which was introduced by the member for Richmond Centre. Conservatives support this legislation and are happy to see its return at third reading. It is not common in the House to find legislation that all parties can come together on and, for the most part, we agree on the principles of the bill, so I send my congratulations to the member. Bill C-244 seeks to amend the Copyright Act to allow individuals and businesses to repair a technology with copyright material without infringing on the rights set out in the Copyright Act. When someone has a copyright for a work they created, the Copyright Act enables that creator to be the sole entity to reap the financial rewards from that creation for a set period of time. This is a good thing. Exclusive financial rewards of invention and creation is what drives progress in our society. These days, everything includes software: cars, fridges, phones, and any manufactured equipment. All software, therefore, in those devices and things that we utilize day to day have copyright protection. Manufactured goods now have proprietary designs and structures, along with specialized tools to repair these goods. They are designed that way. Why is that? It is because repair and maintenance of manufactured goods is as profitable or more profitable than the sale of the good itself. Copyright is being used now, in my view, as an anti-competitive tool to keep the customer tied to the manufacturer and unable to use less expensive providers of repair and maintenance. This is causing great frustration for the consumer. Only the car dealer, not one's local garage, can repair one's car. Only the manufacturer can repair farm equipment because the specialized tools and codes are only available from an authorized dealer. The Copyright Act would be amended by this bill to provide for instances when the rights of copyright can be infringed upon, or what is known as circumvention. In other words, this bill would allow individuals or small businesses to repair technologies themselves without fear of repercussions. Many of my Conservative colleagues from the Prairies have previously spoken about how this legislation would impact our agricultural sector in particular. Today, I would like my comments to also focus on this critical industry, which provides the food we eat. For those who are unfamiliar, farmers are often required to pay enormous costs upfront to buy and maintain the equipment they use in operating a farm. These costs are often in the millions and include purchasing the land, the appropriate seed and fertilizer, and the equipment necessary to harvest and plant a crop. Often, large tractors, such as those from John Deere, cost hundreds of thousands of dollars, as do the attachment pieces that go with them. These tractors contain complex electrical systems that require specific tools to access them, which are protected by Canada's robust copyright laws. As is the case in every industry, the equipment farmers use often breaks down and requires either repair or a complete replacement, given enough time. This breakdown usually happens at the worst time, when speed of repair is essential. At one time, this was never a big issue. Farmers have historically been makeshift mechanics. They have been able and expected to demonstrate that, if some engine or computer system was not working, they could find a way to fix it, jury-rig it, to get the repair done immediately so they could continue with their essential work. That was especially important, given how the harvesting season typically last only a few weeks and time lost waiting for an authorized repairman to fix an engine could cost a business their annual livelihood. As technology has progressed and farming has become more computerized over the past two decades, including some equipment now that is self-driving in harvesting and planting, the ability to repair equipment has increasingly become more and more difficult for our farmers. Today, farmers rely heavily on technology to assist them in their harvest. These technologies can sometimes cost hundreds of thousands of dollars and have these complex systems. For farmers, this means that if a copyrighted computer system or engine for a large tractor breaks down, they cannot simply call a local repairman or fix it themselves. Instead, they are required to call a technician from the manufacturing company or an authorized dealer to come out and fix that specific piece of equipment. This method is very taxing on owners. Company technicians can sometimes take anywhere from hours to days, even a week or two, to arrive to conduct the necessary repair. When they finally arrive, owners are sometimes presented with an unusually high repair bill. The delay has caused lots of crop harvesting time to be lost, where every day lost is a potential loss in farm income. My Conservative colleague from Provencher in Manitoba spoke in second reading on this bill with great knowledge and depth about the high level of investment required to keep some of this equipment and the cost associated with replacing a combine for a farmer. He talked about the millions that this costs. This way of going about these repairs, in my view, is anti-competitive; it is harmful to farmers, small businesses and consumers. Property owners ought to be allowed to repair the piece of equipment they have purchased in the most economical way possible. They should be able to have a variety of resources at their disposal when fixing equipment, not just the pre-approved, monopolistic authorized agent from the manufacturer. The Copyright Act has become a government-legislated gatekeeper harming consumer choice. It was not intended to be this way. As I mentioned previously, being able to reap the financial rewards of one's own invention and creation is essential, but when copyright moves into the territory of using these rights as a way to prevent competition and control the whole repair and maintenance ecosystem, then it becomes anti-competitive and monopolistic. It then needs to be fixed, repaired and modernized to reflect the modern state of equipment that we all buy. Even one’s stove and fridge now have these monopolistic design features in both their software and their hardware. Trying to get repairs done with a computerized fridge is next to impossible. We are soon going to see the world of artificial intelligence placed into these goods that we buy, which will make these things more complex. This bill seems to have unanimous support from the House for this reason. The legislation seeks to address this issue by ensuring that not all repairs remain proprietary, allowing a diversity of responses when individuals are seeking to repair their equipment. In other words, it would allow competition. Conservatives look forward to seeing this legislation move forward to the other place. We understand that there would be positive impacts for our rural communities. These issues also apply in my most important industry, the fishery. I want to thank my colleague for reintroducing this bill. Our party looks forward to seeing how this legislation moves through and is improved in the other place.
1215 words
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