RAW File Encryption
Source: Luminous Landscape
Written By Andrew J. Roman
Foreword by Michael Reichman
By now most readers are familiar with what is currently the most important issue facing photographers this decade. That is – the closed, proprietary, and proliferating number of RAW file formats. Even more distressing is that there are now camera makers who are encrypting some of their RAW data.
An article on this subject and a petition to the camera makers asking them to adopt open standards has been published here and on several other web sites. But, regardless of which side of the debate one is on, there is more to the issue than photographers asking for unfettered access to their own files. There are legal ramifications as well.
In this exclusive article one of Canada’s leading competition law lawyers, Andrew J. Roman, takes a look at issues such as Tied Selling, Refusal to Deal, and Abuse of Dominant Position. While these observations pertain to Canadian law in these matters, Mr. Roman makes it clear that most countries have similar laws, and so these practices may well be found to be contrary to laws and regulations in other countries as well. And, unlike much of the posturing and opinions that appear in web commentaries, these are from an experienced litigator who has presented cases to the Supreme Court of Canada.
Camera makers would be advised to take his observations with greater seriousness than they have thus far shown to the concerns of their customers.
Michael Reichmann
May, 2005