Barry Sookman

Copyright, Intellectual Property, Computer, Internet, e-Commerce Law.

Archive for May, 2011

Computer and Internet Law Updates for 2011-05-31

May 31st, 2011

Law playing catch-up with new media http://bit.ly/lzWt4w #
Obama Creates a Cyber Law Controversy – is Autopen a secure e-signature? http://bit.ly/lb28Cp #
EU countries ignore new cookie law on Internet privacy http://bit.ly/iBnm6i #
Dutch MP says: “Public broadcasting stations should contribute to Internet platform for video on demand” http://bit.ly/jO9uyR #
Congress approves revisions to IP Code in Philippines including clarifying secondary liability and measures re TPMs http://bit.ly/m3SxlV #
Canada a safe haven for pIrate host sites http://bit.ly/jWffzj #
Fastpasstv Shuts Down After U.K. Arrest http://bit.ly/jbbsPJ #

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Tags: computer internet law updates Copyright intellectual property

G8 declaration: Internet and IP critical to innovation

May 30th, 2011

The leaders of the G8 concluded their meetings last week with a renewed commitment to freedom and democracy. They released a declaration dealing with a variety of topics including the importance of the Internet and intellectual property as catalysts to innovation. The declaration also highlights the challenges of maintaining the privacy and security of networks and network communications.

The declaration on the Internet made the link between the Internet and innovation as follows:

For business, the Internet has become an essential and irreplaceable tool for the conduct of commerce and development of relations with consumers. The Internet is a driver of innovation, improves efficiency, and thus contributes to growth and employment…

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Posted in E-commerce, intellectual property, Piracy, Privacy, WIPO Treaties

Tags: barry sookman g8 intellectual property internet

Computer and Internet Law Updates for 2011-05-30

May 30th, 2011

Did U.S. Play A Role In Stuxnet Attack? http://ow.ly/55jXF #
Twitter reveals secrets: Details of British users handed over in landmark case that could help Ryan Giggs http://ow.ly/55jYp #
Internet privacy measure stalls in California senate http://ow.ly/55k1l #
In Legal Battle With Google, PayPal Faces Uphill Battle in California http://ow.ly/55jZz #
Bits: Sony and Epsilon Agree to Testify Before Congress http://ow.ly/55k1U #
Microsoft chief says China piracy very costly http://ow.ly/55k2A #
The Price of Hackers, Spammers and Abuse: When Is It Too Much? http://ow.ly/55k5E #
Former Lawyers for Courtney Love Claim She Libeled Them in a Tweet … http://ow.ly/55kae #

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Tags: computer internet law updates Copyright intellectual property

Computer and Internet Law Weekly Updates for 2011-05-29

May 29th, 2011

Computer and Internet Law Weekly Updates for 2011-05-22 http://goo.gl/fb/bByLE #
Computer and Internet Law Updates for 2011-05-23 http://goo.gl/fb/gtQyS #
Australian decision finding Amazon´s 1-Click patent invalid http://goo.gl/VEeVl #
Craigslist gets judgement against company that circumvented CAPTCHAS in Craigslist, Inc. v. Doe 1, 2011 WL 1897423 #
How spam works, from end to end http://bit.ly/jH5lDR #
Apple to rock rivals with cloud-based iTunes http://natpo.st/myHVWq #
Can Canadian broadcasters compete with free? http://bit.ly/ktswrV #
Mac users hit by ‘scareware’ that brings up porn websites http://bit.ly/lESq4r #

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Tags: barry sookman computer internet law updates Copyright intellectual property

Computer and Internet Law Updates for 2011-05-28

May 28th, 2011

US court rules that no reverse engineering clause in license is not preempted by copyright Neon Enterprise Software v IBM 2011 WL 2036674 #
Online security: Honda hacked losing personal information http://bit.ly/igynic #
Saudi Government blocks 3,000 drug websites http://bit.ly/jvohJ8 #
US CAFC rules patent exhaustion applies even if license fees not paid Tessera, Inc. v. Int’l Trade Comm’n, http://bit.ly/iEVUvP #
Privacy law and Social networking big issues in California – can a strong piracy law be unconstitutional? http://bit.ly/mEUxBc #
European laws target computer 'cookies,' but is compliance already crumbling? http://bit.ly/lOa3QQ #

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Tags: computer internet law updates Copyright intellectual property

Computer and Internet Law Updates for 2011-05-27

May 27th, 2011

Postmedia tests online pay model http://natpo.st/kKlbpk #
Ofcom bans three-year broadband and phone contracts http://bit.ly/mcOyVm #
Responding to Sellars: Copyright and Content-based Regulations http://bit.ly/jBZrIh #
“Facebook and Spotify to integrate social network and streaming music service” http://bit.ly/muKEFL #
Microsoft on EU Antitrust Fine: It’s Excessive and Unfair http://bit.ly/leRDNq #
US Federal Circuit Re-Settles Law of Inequitable Conduct http://bit.ly/kSKYea #
Extortion Patent Style: Small Business in the Troll Crosshairs http://bit.ly/l7iJGa #
New U.S. Bill Requires ISPs to Keep 18-Months Records http://bit.ly/kU7KSE #
Sony Offers Identity Theft Protection After Cyber-Attacks http://bit.ly/lYjZn9 #

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Tags: computer internet law updates Copyright intellectual property

A Masterpiece for Brand Owners – The Supreme Court of Canada makes it easier to enforce your trade-mark

May 26th, 2011

By Brian Edmonds, Beth Macdonald and Dan Glover*

On May 26, 2011 the Supreme Court of Canada released its decision in Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27. The Court reversed decisions by the Federal Court and Federal Court of Appeal, and painted a rosier picture for those who seek to protect trade-mark rights in Canada.

Masterpiece started using the trade-mark MASTERPIECE THE ART OF LIVING in Alberta in 2001. It used the mark in association with retirement residences. On December 1, 2005 Alavida filed an application to register the trade-mark MASTERPIECE LIVING for use, in brief, with retirement residences. In the application Alavida indicated that it proposed to commence use of the mark in Canada in the future. In 2006 it did in fact commenced using the mark in Ontario.

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Posted in Trade Marks

Tags: assessing resemblance barry sookman confusion expert evidence Masterpiece v Alavida trade-mark

Computer and Internet Law Updates for 2011-05-26

May 26th, 2011

Press Releases – EU Commission sets out "blue" for Intellectual Property Rights to boost creativity http://bit.ly/inQNL4 #
Why Plagiarism Is Not Flattery http://bit.ly/lpBsVo #
G-8 Leaders to Call for Tighter Internet Regulation http://nyti.ms/m2HcOI #
Constitutional Expert: ‘Copyright Violations Are Not Protected by the First Amendment’ http://bit.ly/mw1DRM #
Apple v Rowan in iTunes gift card row http://bit.ly/jPp2rK #
Nude Nuns Mass BitTorrent Lawsuit Killed, Clone Lives On http://bit.ly/kHDTHI #
Link to EU blueprint for IPR changes http://bit.ly/jAXlZi #
Computer and Internet Law Updates for 2011-05-25 http://goo.gl/fb/npO4p #
Rethinking FISA http://goo.gl/fb/V5S2u #

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Tags: computer internet law updates Copyright intellectual property

Rethinking FISA (now CASL)

May 25th, 2011

SPAM is awful. It wastes our time. It clogs the Internet. It is full of scams, malware and fraudulent, false and misleading messages. Who wouldn’t cheer when Canada finally decided late in 2010 to outlaw SPAM and related afflictions of malware, spyware, address harvesting and sending false and misleading commercial electronic messages?

Indeed, there was much satisfaction when Canada’s anti-SPAM law, also known as FISA[2], was given royal assent on December 15, 2011. After a lengthy and thorough review process, including consultations and Parliamentary reviews, Canadians could look forward to the toughest anti-SPAM law in the world just as soon as the regulations were finalized, which is expected this summer.

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Posted in CASL, FISA, Privacy, spam

Tags: anti-spyware barry sookman Canada anti-spam law CASL ECPA FISA FIWSA maleware PIPEDA SPAM law spyware

Computer and Internet Law Updates for 2011-05-25

May 25th, 2011

Timeline of events leading to naming of Ryan Giggs as footballer at centre of privacy injunction http://bit.ly/ja7o8o #
Sarkozy to host key internet forum ahead of G8 summit http://bbc.in/kucGYX #
Amazon Makes Move to Join Book Publishing Big Leagues with its own imprints http://bit.ly/imdV9F #
Match.com Heads To Court Over Sexual Predator Lawsuit http://huff.to/mzN2Rp #
India's New Data Privacy Rules: Will They Help or Hurt Legal Outsourcing? http://bit.ly/lBBuau #
That famous space shuttle photo: When is sharing stealing? http://bit.ly/mObEl0 #
'Anonymous' threatens attack on US Chamber of Commerce over Protect Act http://bit.ly/jlcvPa #

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