I have mixed feelings about this Bill. On one hand, parts of the Bill seem very reasonable. For example, reducing the maximum penalty for infringement and going after the enablers both seem like sensible approaches. Extensions to education for fair dealing also seems reasonable.
The less reasonable parts obviously include not being able to make a video library from what you record from TV, and not being able to bypass digital locks for media transfers. On its face, those parts of the Bill seem ludicrous and clearly influenced by US policies and lobbyists. Deeper down, I suspect the former is rooted in how copyright law works (you must aggressively pursue all forms / violators of piracy or you may lose your ability to protect the work in the future), and the latter allows the government to prosecute people directly for breaking digital locks rather than messing about in copyright law.
Looking strictly at the law, not allowing permanent TV recordings is completely unenforceable by the police (though easily enforceable through technology). The section about not breaking digital locks will make it a challenge for Canadians to acquire the software to convert our CD's and DVD's to digital storage, but for determined users, not impossible. I suspect this too will be nearly impossible to enforce in that arena. Where it will be easy to enforce is torrenting, which obviously bypasses digital locks on material and thus qualifies under that section as prohibited.
The government is in an odd position. They are not accustomed to enforcing copyright law -- at least not in a non-commercial sense. Large scale piracy for profit, yes, individual for home use, no. Now they are being asked to. And for good reason - piracy is easy and pretty much everyone who knows how to do it, *is* doing it. Some more than others, but it's happening a lot. It's gone past the point where civil law can handle it -- it's time for it to become criminal. But how? They definitely don't want to be involved in individual criminal copyright cases. Too much ambiguity and complexity. So instead, digital locks. Nice and simple. We don't care about the material, we only care about the lock you bypassed by downloading (and made available while doing so) a torrented copy. You'll not have an easy time defending that.
Makes sense in a twisted kind of way. That said, I agree with Geist when he says that the digital lock portion of the Bill will have the unfortunate side effect of making legitimate use of ripping music/movies nearly impossible for the average Canadian. It will be very much like winding the clock back 10 years to a point where only the computer geeks had the tools to rip their own music/movies. I'm not sure what the alternative is though.
Of course, the interesting bit continues to be gathering proof that a person is downloading materials they don't have a right to. I'm curious to see how that process will work and what Canadian judges will accept as evidence.