Pressure mostly from the American entertainment industry and, as a result, the US government itself has got Canada locked into a very divisive battle over digital locks. While there was cause to hope that the "made worse in Canada" DMCA-like provisions of Bill C-61 might be more balanced in the next bill, Bill C-32 proved to be a big disappointment in this respect. This issue has once again threatened to block progress and passage of copyright reform in Canada. Now, two extremely important authorities in the US have provided the exit strategy and tools to enable Ministers Clement, Moore and the PMO to escape from the digital and political conundrum into which they were locked with time running out before a possibly sooner rather than later election.
However, MGE advocates too broad a definition of “access;” their interpretation would permit liability under § 1201(a) for accessing a work simply to view it or to use it within the purview of “fair use” permitted under the Copyright Act. Merely by passing a technological protection that restricts a user From viewing or using a work is insufficient to trigger the DMCA’s anti-circumvention provision. The DMCA prohibits only forms of access that would violate or impinge on the protections that the Copyright Act otherwise affords copyright owners.(emphasis added)