January 26th, 2012 by Barry Sookman
No comments »
Yesterday, the European Commission proposed a comprehensive reform of the EU’s 1995 data protection rules to strengthen online privacy rights and boost Europe’s digital economy. Highlights of the reform plan are described by the Commission as follows:
- A single set of rules on data protection, valid across the EU. Unnecessary administrative requirements, such as notification requirements for companies, will be removed. This will save businesses around €2.3 billion a year.
- Instead of the current obligation of all companies to notify all data protection activities to data protection supervisors – a requirement that has led to unnecessary paperwork and costs businesses €130 million per year, the Regulation provides for increased responsibility and accountability for those processing personal data.
This is a preview of
EU Commission proposes comprehensive reform of data protection rules
.
Read full post.
January 18th, 2012 by Barry Sookman
No comments »
The Ontario Court of Appeal formally recognized today the existence of a tort for an intrusion upon seclusion. In the widely watched case of Jones v Tsige 2012 ONCA 32, the Court reviewed the prior case law from around the country, the US and the Commonwealth. After doing so, it concluded that Ontario has already accepted the existence of a tort claim for appropriation of personality and that it was appropriate for the Court to confirm the existence of a right of action for intrusion upon seclusion. “Recognition of such a cause of action would amount to an incremental step that is consistent with the role of this court to develop the common law in a manner consistent with the changing needs of society.”
This is a preview of
Ontario recognizes privacy tort of intrusion upon seclusion
.
Read full post.
January 16th, 2012 by Barry Sookman
No comments »
Later this morning the Supreme Court will hear arguments in the Alliance of Canadian Cinema, Television & Radio Artists, et al. v. Bell Aliant Regional Communications, LP, et al. case. The central issue in the case is whether the Federal Court of Appeal erred in holding that retail ISPs are not broadcasting undertakings subject to regulation by the CRTC when they provide access through the Internet to broadcasting requested by end users.
The decision of the Federal Court of Appeal being appealed from is Canadian Radio-television and Telecommunications Commission (Re), 2010 FCA 178. The factums of the parties can be found here. The case will be webcast by the court and will be available here.
This is a preview of
Supreme Court to hear whether ISPs are broadcasting undertakings
.
Read full post.
January 13th, 2012 by Barry Sookman
No comments »
Yesterday, I gave a talk at the Law Society of Upper Canada’s 16th Annual Intellectual Property Law: The Year in Review program. My talk canvassed developments in copyright in 2011. My slides are shown below. The associated paper prepared in collaboration with Glen Bloom, with the help of others, is available here.
My slides and/or the paper summarize the following copyright cases from Canada, the USA, UK and Europe:
CANADA
Re: Sound v Motion Picture Theatre Association of Canada 2011 FCA 70
Reference re Broadcasting Act 2011 FCA 64
Crookes v. Newton 2011 SCC 47
This is a preview of
Copyright law 2011 –the year in review in Canada and around the world
.
Read full post.
Posted in C-11, Copyright, Counterfeiting, Fair Dealing, Fair Use, Google Book Scanning, Internet defamation, Piracy, Presentations, Reproduction, Robertson case, authorization, communication to the public, conflicts of law, copyright reform, cyberlockers, fair dealing for education, human rights, hyperlinking liability, iiNet case, infringment, international law, jurisdiction, statutory damages, storage lockers
Tags: canada Copyright law society speech
January 9th, 2012 by Barry Sookman
No comments »
2011 was the year US copyright law was put to the test confronting whether cyberlockers and social media sites are liable for infringements contributed to by these sites. Some sites, like myVidster (see here also) Megaupload, Hotfile, and MP3tunes suffered set backs or losses in the US courts. Others, like Visible Technologies the operator of the myxer.com social radio website and most recently Veoh Networks were more successful, at least so far.
This is a preview of
Cyberlockers, social media sites and copyright liability
.
Read full post.
January 3rd, 2012 by Barry Sookman
No comments »
Over the holidays I got an email from one of my relatives visiting Toronto. She asked me to recommend a dental surgeon for an unexpected tooth extraction. She also asked me to refer her to other dentists to get additional recommendations. I sent her an email with a recommendation to get treatment from a dental surgeon who I encouraged her to see and also provided the name of a family dentist who could make other recommendations. My email included a link to a website of the clinic operated by the dental surgeon. My wife sent a similar email when I told her my relative was looking for a dentist. Later that day I started wondering whether responding to this type of inquiry would be legal or illegal under Canada’s anti-spam law (CASL), once it is proclaimed into force.
This is a preview of
Will it be illegal to recommend a dentist under Canada’s new anti-spam law (CASL)?
.
Read full post.
Posted in Bill C-28, CASL, E-commerce, ECPA, FISA, FIWSA, Free Speech, electronic records production, malware, spam, spyware
Tags: anti-spam law canada CASL FISA malware spam spyware
January 2nd, 2012 by Barry Sookman
No comments »
I just finished reading the fascinating reasons delivered by the Quebec Court of Appeal in the France Animation v Robinson, 2011 QCCA 1361 case. The main issue in the appeal was whether sketches and characters of the proposed TV series Robinson curiosity were infringed by the series Robinson sucro. The trial judge found infringement and the Court of Appeal upheld the judgment, in part.
This is a preview of
France Animation v Robinson – a case comment
.
Read full post.
December 31st, 2011 by Barry Sookman
2 comments »
Last month the Federal Court of Appeal issued its reasons in the Amazon.com “one-click” patent case. Since the Court of Appeal directed the Commissioner to revisit Amazon.com’s application, it was not clear whether or not the patent was eligible subject matter.[1] The decision of the Court of Appeal left many questions unanswered.
It appears that the Patent Office has now determined that Amazon.com’s patent application, “Method and System For Placing A Purchase Order Via A Communication Network” (Canadian Patent Application No. 2,246,933), is eligible subject matter. Patent Office records show that following an amendment made on December 22, 2011 a Notice of Allowance was issued on December 23, 2011. The records also show that the Final Fee was paid on December 28, 2011.
This is a preview of
Canadian Patent Office allows Amazon.com’s “one-click” patent
.
Read full post.
This site is published by Barry Sookman personally. It is not affiliated with McCarthy Tétrault or any of its clients. Full bio 