ISPs fees for complying with Norwich orders: Rogers v Voltage

September 14th, 2018 by Barry Sookman No comments »

Who bears the costs of complying with Norwich orders? These orders require ISPs to disclose the identify of their subscribers to enable copyright owners to bring legal proceedings against suspected infringers. The issue was resolved earlier today by the Supreme Court in Rogers Communications Inc. v. Voltage Pictures, LLC, 2018 SCC 38.

Global Internet injunctions: my Alai talk

September 14th, 2018 by Barry Sookman No comments »

I had the pleasure earlier today of speaking at the 2018 ALAI Congress in Montreal. My topic was on global internet injunctions. My slides are shown below.

ALAI_International_Injunctions_Equustek_Case

Online immunities for Internet platforms under NAFTA

August 31st, 2018 by Barry Sookman No comments »

Canada and the U.S. appear to be getting close to the wire on the renegotiated NAFTA. If the USTR Fact Sheet on the UNITED STATES–MEXICO Trade Agreement is accurate, the agreement will contain a new requirement to:

Limit the civil liability of Internet platforms for third-party content that such platforms host or process, outside of the realm intellectual property enforcement, thereby enhancing the economic viability of these engines of growth that depend on user interaction and user content.

Google’s loss in online defamation case Trkulja v Google good reason to resist CDA in NAFTA

June 25th, 2018 by Barry Sookman No comments »

There is a repeating pattern in online defamation cases against Google. An individual’s reputation is alleged to be tarnished by Google’s search results or its autocomplete feature. The individuals plead with Google for help. As one of the Internet’s most important gatekeepers, Google is in a position to stop the damage, especially because its algorithms are the source of it. Google refuses to help, or does so only partially. Courts rule against Google finding it a publisher, at least once it has notice. Google, appeals the decision, apparently unconcerned about the damages its search services cause to members of the public or the financial and emotional costs of litigating against one of the planet’s richest companies. Google loses the appeal.

Developments in computer, Internet and e-commerce law: the year in review (2017-2018)

June 14th, 2018 by Barry Sookman No comments »

I gave my annual presentation today to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2017 to June 2018. The developments include cases from Canada, the U.S. the U.K., Singapore, Australia, and other countries.

The developments are organized into the broad topics of:

  • Jurisdiction/Online Remedies/Conflicts of Laws
  • Hyperlinks/Search Results/Computer Generated Content
  • e-Commerce & Online Agreements
  • Technology Contracting
  • Privacy
  • Copyright
  • CASL.

The cases referred to are listed below. My slides can be viewed after the case listing. These and many other cases will be added to my 7 volume book on Computer, Internet and E-Commerce Law (1988-2017).

Copyright Board harmonization good policy

June 11th, 2018 by Barry Sookman No comments »

The Hill Times published my Op-ed “Copyright Board harmonization good policy” earlier today. The unedited version with endnote references is below.

Everyone agrees that the Copyright Board needs fixing. A Senate Committee recommended a full review in 2016. The Government acted on the recommendation by convening a public consultation and received numerous submissions.

One of the Government’s options to make the Board more effective is to harmonize the availability of statutory damages so they are available to all creators represented by collectives and not only those represented by the performing rights societies SOCAN and Re:Sound.

Canadian government response to copyright and digital policy issues

April 24th, 2018 by Barry Sookman No comments »

The Internet and other digital technologies are transforming the everyday lives of all Canadians. The pace of change requires our legislative frameworks to be continually reviewed and adapted to these changing needs. The current government is tackling these challenges on numerous fronts including most recently in respect of copyright, anti-spam law (CASL), and privacy.

Copyright

The government has now started its mandatory review of the Copyright Act. The review was proceeded by a letter from Minister Bains and Heritage Minister Joly, both of whom share the copyright file, which provided some guidance to the INDU Committee. The letter underscored the importance of copyright to all stakeholders including that:

Google attempted end run around Canadian courts fails, rules BC Judge in Equustek case

April 17th, 2018 by Barry Sookman No comments »

Yesterday, a judge of the British Columbia Supreme Court dismissed Google’s motion to vary or set aside the global injunction against it that had been affirmed by the Supreme Court of Canada. The injunction required Google delist websites that were being used to market a product that Equustek claimed was developed through theft of its trade secrets. Justice Smith in Equustek Solutions Inc. v. Jack, 2018 BCSC 610 held that Google was not able to show that the global delisting order made by against it violated its First Amendment rights in the U.S. or the core values of the U.S..

FairPlay copyright blocking proposal: my presentation at the Fordham IP conference

April 7th, 2018 by Barry Sookman No comments »

I had the pleasure to speak at the 26th Annual Fordham Intellectual Property Law & Policy Conference. In my opinion, this is the best IP conference. My topic was

Canada’s Fairplay’s Website-Blocking Plan: What is it and is it consistent with international norms and principles including requirements for proportionality, rights to freedom of expression and principles of net neutrality?

I have written extensively about the proposal including in a lengthy intervention supporting it filed with the CRTC, also available here.

My slides from the Fordham talk are below.

Sookman_Fordham_re_Fairplay_6_April_2018

 

Fact checking Michael Geist’s criticisms of the FairPlay site blocking proposal

March 29th, 2018 by Barry Sookman No comments »

The FairPlay coalition comprising more than 25 organizations representing hundreds of thousands of members of Canada’s creative community made a reasonable proposal to the Canadian Radio-television and Telecommunications Commission (CRTC), Canada’s telecommunications and broadcast regulator, to address the scourge of online copyright infringement.[1]  The proposal, which involves website blocking, was immediately attacked by anti-copyright activist Michael Geist (“Geist”) in a series of articles and interviews.  As I showed in a prior lengthy blog post,[2] his criticisms were unfounded and overblown.