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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 - 209 - Jun/8/23
Mr. Rick Perkins (South Shore—St. Margarets, CPC)
Mr. Speaker, I am pleased to stand here tonight to speak to the bill presented by the member for Cypress Hills—Grasslands, Bill C-294, regarding interoperability, and the member who spoke previous to me, the member for Mirabel, who is my seatmate, spoke eloquently about the impacts and the structure of this on the agriculture industry, which I will come to. However, if you will provide me a little leeway, Mr. Speaker, as members know, the Speaker's riding and mine have had some dramatic forest fires these last two weeks. In the context of this bill and agriculture, I just want to stand up and thank a few people in the riding and in the Speaker's riding who have done an amazing job dealing with the issue of livestock that had to be evacuated. It is a huge issue. People do not generally think about that in these kinds of fires, but on Cape Sable Island in Shelburne County there was agriculture livestock, and a lot of it, that had to be quickly evacuated, because it is tough to move it slowly. They actually did not have an evacuation order, but they moved it out in case. They moved it to the exhibition in Yarmouth, in the Speaker's riding, and they were fantastic to deal with. They took in a lot of animals and kept them safe and healthy, as did the exhibition in Bridgewater, in my riding. It was a full house of livestock that had to be safely moved and stored, which is no small effort. I would like to thank both those organizations for all the volunteer work they did to protect the animals. In Bill C-294, the summary says that the enactment would amend the Copyright Act to allow a person, in certain circumstances, to circumvent, or get around, a technological protection measure, TPM, which is a technical term, to make a computer program interoperable, or in other words to make a computer program work with any device or component, or with a product they manufacture. On this bill, we need to start with what the purpose of the Copyright Act is, and the member for Mirabel touched on it. The Copyright Act provides exclusive rights for authors and creators of works. It can be an artistic work, a dramatic work, a musical work or a literary work, and the latter category encompasses computers and computer programs. These exclusive rights are collectively referred to as “copyright”. Copyright provides the rights holder, the person who created the work, the sole authority to perform specific acts vis à vis the product. They control what happens to their product. That is the purpose of copyright, and these rights are listed under section 3 of the Copyright Act and include the sole right to reproduce the works, so that the owner and creator is the only one who can reproduce that work, or they can choose to rent that work out to somebody else, and that includes a computer program, like when we sign up for or buy Windows. We buy a licence, but we we do not actually own the software. That is owned by the manufacturer, but the manufacturer can license those out. A copyright generally lasts for a person's lifetime plus 50 years. Other persons may use a protected work under certain circumstances. The owner of a copyright may assign it to another person. They may also license the use of the work with or without conditions, often in return for a payment or royalties. What is this act doing on artistic copyright related to the issue of technology and specifically farm equipment? An important part of that is that section 41 of the Copyright Act defines circumventing a TPM, which I referred to earlier, as descrambling a scrambled work, decrypting an encrypted work or otherwise avoiding, bypassing, removing, deactivating or impairing the TPM. In other words, circumventing it is trying to find a way to use that computer program or work that one was not authorized to use as a person who is not the original rights holder. This is an important part of what this is trying to get at. The member who is putting this bill forward worked quite extensively with people in his riding who are concerned and having trouble delivering their businesses. With increased computerization in the development of everything that we buy or do, whether it be a cellphone or even a fridge now, as everything has computer chips the technology can be used to actually be anti-competitive. It can be used to make it exclusive so that nobody else can access or connect another device to that device, in order to make someone buy their other devices and not be able to buy a competitor's device. It is becoming more difficult over time for manufacturers to market their innovative products if they cannot connect to the original product if it requires that. Large companies such as John Deere, which the member for Mirabel mentioned, have introduced what are called digital locks on machinery. This move restricts access to repair or interoperate the tractor or equipment with another manufacturer's equipment. One cannot even go in and repair it, whether it is on warranty or not, unless it is through an authorized dealer. That is a primary concern as to operating farm equipment because when a repair of this type of equipment needs to be done, it is not done when one is not harvesting, but done when one is out in the field. It is very difficult often to get those who are the only authorized repair people to actually be able to come out, repair that equipment, get the parts and do it all in a timely manner so that one can get back to one's work in farming. Every day lost is an important and costly loss for that farmer. As a result of all that, those who are significantly disadvantaged by this have been calling for changes that would safeguard both the right to repair and the right to connect one manufacturer's equipment to another manufacturer's equipment. One may prefer a different combine from the combine that John Deere has one's equipment hooked up to. That is a big issue. What this bill attempts to do is allow, in certain circumstances, an individual who owns that equipment to seek repair from suppliers or even on their own by accessing it and getting it repaired without having to go to that authorized dealer only. That “authorized dealer only” concept is a sort of monopolistic trait that says that if I can only go to that dealer then I am sort of held captive to what that dealer is going to charge me for those repairs. It prevents a free and open market. We are going to see this not only in farm equipment but with everything in our lives. Try to buy one's home appliances from different manufacturers. If they are all computerized and one is from one manufacturer and the other from another manufacturer, although they are supposed to be able to “talk” to each other they will not be able to because of these restrictions around TPMs and the inability to do this. The member for Cypress Hills—Grasslands began working with all of these groups and put together, as the member for Mirabel said, a very simple bill. It is not very long. It is two clauses and it repairs that simple clause in the act. I would commend the member for Cypress Hills—Grasslands for tackling this. Sometimes it is confused with the right to repair, which is another private member's bill before this House, which is the right for us to repair a certain thing in a certain way. This bill makes sure that, if one wants to connect two pieces of equipment together that have technological protection, one will be able to get that done without breaking the law. As we consider this going forward, I will be supporting the bill. We studied it at the industry committee. It is now here for third reading. I would encourage all members of this House to support this important bill, which is pro-competition.
1393 words
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