Archive for the ‘Copyright’ category

Blocking orders against ISPs to combat trade-mark infringement legal says Court of Appeal in Cartier

July 12th, 2016

The English Court of Appeal released an important decision last week confirming that courts’ equitable jurisdiction to grant injunctions where “just and convenient” is broad enough to order internet Service Providers (ISPs) to block web sites from selling trade-mark infringing goods. The Court in Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2016] EWCA Civ 658 (06 July 2016) confirmed the correctness of the prior comprehensive decision of Arnold J. in Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3354 (Ch) (17 October 2014).

Why crackdown on pirate set-top boxes is good for innovation: a reply to Michael Geist

June 29th, 2016

Last week the Federal Court granted an interlocutory injunction restraining ITVBOX.NET, WATCHNSAVE INC, MTLFREETV.COM and others from selling set-top boxes preloaded with software. The software was specifically adapted to enable purchasers to stream and download infringing copies of programs made available by Bell, Bell Expressvu, Rogers, and Videotron on a subscription basis. The devices were advertised and promoted by prominently emphasizing these capabilities and as a way to obtain this content without paying.

The year in review: developments in computer, internet and e-commerce law (2015-2016)

June 14th, 2016

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 covered the period from June 2015 to June 2016. The developments included cases from Canada, the U.S. the U.K., and other Commonwealth countries.

The developments were organized into the broad topics of: Technology Contracting, Online Agreements, Privacy, Online/Intermediary Liability/Responsibility, Copyright, and Trade-marks and Domain names.

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 (1988-2015).

Copyright and technology: my ALAI Canada talk

January 26th, 2016

I had the pleasure of speaking earlier today at the ALAI Canada Colloque Annual on the theme of copyright and technology. The slides from my talk are below and can be downloaded here.

 

CBC v SODRAC: my talk on technological neutrality and copyright

January 22nd, 2016

I had the pleasure of speaking yesterday at the Law Society of Upper Canada 20th Annual IP Law: The Year in Review. I spoke on the topic of Copyright and Technological Neutrality: CBC v SODRAC. My slides are shown below and can be downloaded here.

 

 

 

Technological neutrality, technological neutrality, technological neutrality: CBC v SODRAQ

November 27th, 2015

The Supreme Court released a landmark judgment yesterday in the closely watched case, Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57. The 7-2 judgment of the Court was delivered by Rothstein J (with whom McLachlin C.J., Cromwell, Moldaver, Wagner, Gascon and Côté JJ agreed).

The judgment established the following principles.

Broadcast‑incidental copying engages the reproduction right. While balance between user and right‑holder interests and technological neutrality are important principles under Canadian copyright law, they are interpretive principles which do not trump, and cannot change, the express terms of the Act. The Court rejected the argument advanced by the CBC and CIPPIC, which intervened in the appeal, that the reproduction right should be interpreted in light of the principle of technological neutrality to apply only where the right would be consistent with the purposes of the Copyright Act.

By-passing paywall and circumventing TPM sinks fair dealing defense: Blacklock’s Reporter v CVA

October 20th, 2015

Does by-passing a subscription paywall to access a news article violate the new prohibitions in the Copyright Act that make it an infringement to circumvent a technological protection measure (TPM)? Yes, according to a decision just released by an Ontario court in 395804 Ontario Limited (Blacklock’s Reporter) v Canadian Vintners Association, 2015 CanLII 65885 (ON SCSM). Can a defendant rely on the new fair dealing defense for education to excuse the copying if the defendant illegally accessed the work by circumventing a TPM to do so? No, the fair dealing defense cannot apply where a work is obtained illegally.

Robert Thomson’s keynote address on the distributionists

September 2nd, 2015

Last month, Robert Thomson, the CEO of News Corp., gave a keynote address at the 2015 Lowy Institute Media Awards dinner.

He spent a good part of that speech addressing challenges to the creative industries, and to  media companies in particular, posed by powerful distribution channels – what he labels “distributionists” – such as Google.

The year in review: developments in computer, internet and e-commerce law (2014-2015)

June 10th, 2015

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 covered the period from June 2014 to June 2015. The developments included cases from Canada, the U.S. the U.K. and other Commonwealth countries.

The developments were organized into the broad topics of: Online Agreements, Licensing/Technology Contracting, Privacy, Online Liability, Cyber-security and Copyright.

The cases referred to are listed below. My slides can be viewed after the case listing.

Online Agreements

Nguyen v. Barnes & Noble, Inc., 763 F. 3d 1171 (9th.Cir. 2014)

Budget Bill with copyright amendments tabled in House of Commons

May 7th, 2015

The Government tabled legislation in Parliament today to implement certain provisions of the budget. The Bill summarizes the following key legislative provisions of interest to readers of this blog as follows:

  • amends the Copyright Act to extend the term of copyright protection for a published sound recording and a performer’s performance fixed in a published sound recording from 50 years to 70 years after publication; it caps the term at 100 years after the first fixation of, respectively, the sound recording or the performer’s performance in a sound recording;