Archive for the ‘click wrap agreement’ category

Developments in Computer, Internet and E-Commerce Law (2012-2013)

June 27th, 2013

Earlier today, I gave my annual presentation to the Toronto Computer Lawyers’ Group on developments in Computer, Internet, and e-commerce Law. The slides cover the period from my last presentation in June 2012, Developments in Computer, Internet and E-Commerce Law (2011-2012).

The cases summarized in the slides below canvass developments in a number of countries and include cases from Canada, United States, UK, Ireland, Australia, and Israel.

CANADA

1004964 Ontario Inc. v. Aviya Technologies Inc., 2013 ONSC 51

A.B. v. Bragg Communications Inc., 2012 SCC 46

Acanac Inc. v. M.N.R., 2013 TCC 163

Blizzard v. Simpson, 2012 ONSC 4312

CRTC Issues CASL (Canada’s Anti-Spam Law) Guidelines, background and commentary

October 16th, 2012

Last week the CRTC released its first two “information bulletins” intended to help businesses in interpreting CASL and the CRTC’s regulations under CASL. While certain of the Commission’s interpretations are helpful, some are troublesome as they would impose new requirements not contemplated either by the statute or the CRTC’s own regulations. They would necessitate costly compliance, which would particularly affect small and medium-sized businesses and mobile digital commerce.

Under the Commission’s interpretation of its regulations and the related provisions of CASL, among other things:

  • Users should be given the opportunity to unsubscribe from all messages from the sender, not merely CEMs.

Are “browse wrap” agreements enforceable after the Century 21 v Rogers Communications case?

September 20th, 2012

Last fall, the BC Supreme Court canvassed in great detail whether “web wrap” also known as “browse wrap” agreements are potentially enforceable. Earlier today, I gave a talk at the Law Society of Upper Canada that summarized the conclusions and reasoning of the court in the Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196 case. My slides from the talk are shown below.  They also summarize numerous other cases that examine the enforceability of click wrap and web wrap agreements.

Developments in Computer, Internet and E-Commerce Law (2011-2012)

June 21st, 2012

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2011-2012). It covers significant developements since my talk last spring, Developments in Computer, Internet and E-Commerce Law (2010-2011).

The slides include a summary of the following cases:

Kraft Real Estate Investments, LLC v Homeway.com, Inc. 2012 WL 220271 (D.S.Car. Jan 24, 2012)

Swift v. Zynga Game Network, Inc., 805 F.Supp.2d 904, (N.D.Cal., 2011)

Fteja v. Facebook, Inc., 2012 WL 183896 (S.D.N.Y. 2012)

Grosvenor v. Qwest Corp., 2012 WL 602655 (D.Colo., 2012)