Earier this week, Foreign Affairs and International Trade Canada’s Export Controls Division (ECD) launched its “Consultation on the International Interpretations of the Wassenaar Arrangement Cryptography Note by Wassenaar Arrangement Participating States.” These consultations will be of particular significance for companies engaged in the export or transfer from Canada of encryption goods, software or technology or items that have been designed or modified to use or work with encryption.
Canadian Government Launches Consultations on Encryption Controls
March 10th, 2010 by John Boscariol No comments »A framework for voluntary graduated response in online copyright enforcement
March 9th, 2010 by Barry Sookman No comments »More and more, graduated response systems are being debated and put forward as legitimate solutions to online file sharing. In a recent article, “Graduated Response and the Turn to Private Ordering in Online Copyright Enforcement“, Professor Annmarie Bridy of the University of Idaho College of Law explains why “voluntary graduated response, as publicly controversial as it is, is squarely on the table as corporate rights owners and broadband providers discuss their respective roles in the future of online copyright enforcement.” The article explains, “in the context of evolving network management technology and its impact on intermediary liability rules, why the time may be ripe for broadband providers and corporate rights owners to renegotiate their respective roles in the project of online copyright enforcement.”
What did the Supreme Court of Canada say about notice and notice in the SOCAN Tariff 22 case?
March 8th, 2010 by Barry Sookman No comments »Last month, the US based Computer & Communications Industry Association submitted a report to the United States Trade Representative (USTR) in response to a request for comments in the USTR’s 2010 Special 301 Review. The Washington based CCIA made a submission in which it argued that Canada should not be placed on the Special 301 watch list.
In support of its argument, it stated that the International Intellectual Property Alliance (IIPA) in its Section 301 Report had stated that “Canada has a notice and notice regime for dealing with copyright owner complaints over the online presence of their works, which the Supreme Court of Canada recently held provides effective remedies to copyright owners, Society of Composers, Authors, and Music Composers of Canada v. Canadian Association of Internet Providers, [2004] S.C.R. 427, 2004 S.C.C. 45.”
The speech from the throne: a digital strategy and IP reform
March 4th, 2010 by Barry Sookman No comments »Yesterday’s Speech from the Throne gives us an insight into the Government’s legislative plans. Many of the initiatives in the throne speech are clearly needed to help bring Canada into the 21st century and to address the threats and opportunities that face us as Canadians and as citizens of a larger world community.
The Government placed significant emphasis on implementing new measures for success in the modern economy and in particular, for building the jobs and industries of the future. As the Government pointed out, we face new challenges, determined new competitors, and are in a “relentless pace of technology” change. We as Canadian “must keep step as the world races forward”.
Misinterpreting the IPR 2010 Report
February 25th, 2010 by Barry Sookman No comments »The Intellectual Property Rights Alliance just published its 2010 report reviewing countries’ rankings on various indexes measuring their respect for property rights. The aim of the report was to show the clear link between a country’s respect for property rights and economic prosperity.
According to the report, the link can be seen in all forms of property including intellectual property. Dealing with the latter, the report states:
Canada again in the penalty box over poor IP laws and enforcement according to 2010 IIPA 301 report
February 19th, 2010 by Barry Sookman No comments »Yesterday, the International Intellectual Property Alliance released its 2010 SPECIAL 301 REPORT ON COPYRIGHT ENFORCEMENT AND PROTECTION. The report notes that “its statement in the 2007 Special 301 report – submitted three years ago – remains, disappointingly, true today: “Canada remains far behind virtually all its peers in the industrialized world with respect to its efforts to bring its copyright laws up to date with the realities of the global digital networked environment. Indeed, even most of the major developing countries have progressed further and faster than Canada in meeting this challenge.”
Reflections on the liberal roundtable on the digital economy
February 17th, 2010 by Barry Sookman 1 comment »Last week, Liberal Industry critic Marc Garneau and Heritage critic Pablo Rodriguez hosted a roundtable on the digital economy in Ottawa. There were two panels. One was on our modern digital infrastructure. The other one was on copyright, broadcasting and the Internet. I participated in the copyright roundtable along with representatives from the ESAC, ACTRA, Rogers and Prof. Geist.
I commend Messrs. Garneau and Rodriguez for organizing this event. Developing a strategy for Canada’s digital future is a critical component of ensuring prosperity and opportunities for all Canadians.
Supreme Court kills fundamental breach in enforcement of liability disclaimers in Tercon
February 16th, 2010 by Barry Sookman No comments »IT lawyers know all too well that IT contracts can go awry. That is why so much time is spent arguing about limits of liability during contract negotiations. A recent example is the BSkyb Ltd & Anor v HP Enterprise Services UK Ltd & Anor (Rev 1) [2010] EWHC 86 (TCC) (26 January 2010) case where the UK court made a huge damage award against HP.
How can copyright reform best balance the rights of creators, intermediaries and users?
February 11th, 2010 by Barry Sookman No comments »Here is a digital version of the article published in the February issue of the CBA National magazine. The following question was posed to Prof. Geist and myself. My answer is set out below.
With a view to positioning Canada as a leader in the global digital economy, how can copyright reform best balance the rights of creators, intermediaries and users?
Copyright has become an emotional topic in Canada in which everyone has a stake. Authors’ livelihoods depend on it. Rights holders need clear, predictable, and fair rules that support creativity and innovation. The public needs access to books, music, art, software and other creative products, all of which are vital to our culture and values.
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