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This website was built and is maintained to Sub-section 27(2)(a) of the Copyright Act for the purpose as fair dealing as described as the purpose of private study, research, criticism or review. The adjective "private" modifies "study" but not "research" (as shown in the French version of the Act: "... a des fins d'etude privee ou de recherché."). Therefore copying for commercial research likely constitutes fair dealing in Canada so long as the use is "fair". ss. 27(2)(l) of the Act permits the copying or modification of computer software by people other than the copyright holder. A person who owns an authorized copy of a computer program is entitled to make a single reproduction of the copy by adapting, modifying or converting the computer program or by translating it into another computer language. "the making by a person who owns a copy of a computer program, which copy is authorized by the owner of the copyright, of a single reproduction for backup purposes of the copy or of a reproduction referred to in paragraph (l) if the person proves that the reproduction is destroyed forthwith when the person ceases to be the owner of the copy of the computer program;" The Copyright Act does not define what is meant by "the person's own use". It is not clear from the context whether the use is restricted to the execution of the program or whether the use referred to may have a broader meaning. The Copyright Act grants a "moral right" to an author to protect the "integrity of a work" where certain acts prejudice the honour or reputation of the author. Authors are able to prevent damage to the "integrity of the work" where the work is "distorted, mutilated or otherwise modified; or used in association with a product, service, cause or institution" to the prejudice of the honour or reputation of the author. Moral rights exist independently of copyright. The provisions of the Copyright Act which give ownership of copyright to employers do not vest moral rights in the employer. Moral rights must be dealt with separately by employers. Moral rights cannot be assigned but can be waived. A translation means a translation into another language, requiring a modification to the grammar and syntax. A transformation is a one-to-one correlation between two works in different languages and is merely a reproduction. Apple Computer v. Mackintosh (1987) 18 C.P.R. (3d) 129. Is data property or not? Physicists talk of the duality of light. Sometimes light acts like a particle. Sometimes light acts like a wave. Physicists aren't sure if light is a particle or a wave but manage to go about their daily business using both models. The same duality is found for data in the legal universe: Is it property or not? The debate is not new. Past trends lead to interesting extrapolations. Is data property? Sometimes, yes. In some contexts, data has some of the characteristics of "property". Licence agreements commonly refer to data as "confidential information" or "trade secrets", "owned" by the Licensor. The contract claims ownership in the trade secret or confidential information and the parties agree to maintain it in secrecy. Data can be exigible just like other forms of property. Computer software which is a trade secret is exigible to a writ of seizure and sale. To be treated as proprietary data, the data must have been created by the owner, been created for the owner, or been purchased from its creator. The data must be "private" and not "public" information. Public information includes information which the public either knows or has available to it in books, articles or from other sources. The whole body of the information need not be completely novel. A compilation of publicly-available data unique to one person can nevertheless be confidential information or a trade secret (often termed "know-how") which a Court will protect. The system design and specifications created by a programmer can be a trade-secret or confidential information where the design and specification is not general but is specific in nature, if it was treated as confidential and was subject to a danger of being copied as evidence by the restrictive licensing agreement which customers were required to sign. The owner of the data must use physical and legal protection to limit access to the data to persons under an obligation to maintain its confidentiality. In other words, the information must be treated by the owner as being confidential. Passwords, security devices and physical isolation of data are indications that the owner of the data considers it to be confidential. Sometimes your data is inaccessible to others because you have put it into data files that are part of someone else's software: See GEAC v. C.E.S. Is data property? Sometimes, no. In R. v. Stewart , the Supreme Court of Canada held that confidential information is not property which may be the subject matter of theft under s. 322 of the Canadian Criminal Code. Data is the fuel of the information highway. The ability to control the reproduction and re-use of data will determine who can use the data and for what purpose. These laws should always reflect our right to "fair use" for education and review of all data models and the ability to translate these models into other computer languages. Giving copyright holders the right to "virtual" property is unfair to education and to the information gatherers from around the world who feel that totally understanding how something works is more important than keeping that knowledge private and confidential... tte404...
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This site is solely intended for Canadian residents only, if the law of your country forbids you to have a copy of, or does not permit "fair use", you, as the user, will not acquire any data from within any pages of this site. You must own the original software for the data offered from this site. The author of this page and affiliates will not be held responsible for any broken copyrights in foreign countries or any other laws violated in the process of acquiring, distributing, or use of this data. You will never hold this web page (including its parent company, webmasters, employees, staff or anyone related to this website) or its web hosts responsible for any damage caused to your system, or for any legal actions taken against you for not obeying the above stated rules, or for any other reason that may be addressed after this post. You agree to store any and all data acquired from this site as a backup or for educational or review purposes until such time where it is destroyed forthwith or when the user ceases to be the owner the original data. You must understand all that is stated above; if you do not understand: you may not, for any reason, acquire any data from any page within this site. You must completely destroy, without storing in the recycle bin or any media (digital, optical, hardcopy, or any other means) any cached files or pages (usually located in the temporary internet files folder and any applicable "cookies", usually located in the cookies folder) on your computer or user terminal (including any and all devices that can be used to access this site using the TCP/IP and HTTP standards).
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