Archive for the ‘Copyright’ category

« Older Entries
Newer Entries »

Study shows 97% of torrents relate to infringing copyright content

July 23rd, 2010

A study by the Internet Commerce Security Laboratory  (ICSL) has found that over 97% of .torrent files that relate to copyright works shared over BitTorrent networks relate to infringing content.

The ICSL found that 0.3% of the files sampled were confirmed as being non-infringing (True Negatives); 89% were confirmed as being infringing (True Positives); 1.6% were ambiguous where they could not determine if they were infringing or not, and .91% related to pornographic torrents. Of the torrents in the top three categories (Movies, Music and TV shows), there were no legal torrents in the sample. According to the report:

This is a preview of Study shows 97% of torrents relate to infringing copyright content. Read full post.

1 comment »

Posted in Copyright, Piracy, isohunt, p2p piracy

Tags:

ACTA and TPMs

July 20th, 2010

The latest draft of the ACTA is publically available. It has undergone significant development since the last publically available version including to one of its most important chapters, the chapter on Special Measures Related to Technological Enforcement of Intellectual Property in the Digital Environment. This is the chapter that includes the obligation of the contracting parties to provide legal protection for TPMs. Despite the changes made to these provisions, it is clear that the countries negotiating the treaty still intend that the contracting parties provide adequate legal protection and effective legal remedies against circumvention related activities that could undermine new and exciting business models that rely on TPMs.

This is a preview of ACTA and TPMs. Read full post.

No comments »

Posted in ACTA, Copyright, TPMs, WIPO Treaties, copyright reform, wct, wppt

Tags:

When do broadcasters reproduce works ? The Copyright Board clarifies the law in the Commercial Radio Tariff case

July 18th, 2010

The Copyright Board released its reasons for decision in the Commercial Radio Tariff proceedings last week. The case involved many different parties and issues and resulted in the certification of a tariff that covers a gamut of music uses by broadcasters in the course of their operations.

In the course of giving reasons for its decision, the Board made a number of important statements about what constitutes a reproduction for the purposes of the Copyright Act. In particular, the Board canvassed the activities of broadcasters and examined which activities resulted in reproductions of musical works (and sound recordings) in the course of their broadcasting operations.

This is a preview of When do broadcasters reproduce works ? The Copyright Board clarifies the law in the Commercial Radio Tariff case. Read full post.

No comments »

Posted in Copyright, Reproduction, broadcasting, c-32

Tags:

ACTA will not create new IPRs or interfere with fundamental liberties statement says

July 4th, 2010

The Office of the U.S. Trade Representative released a statement concerning the recent round of the ACTA negotiations in Lucerne, Switzerland. The release included he following that outlines some of the proposed limitations to the treaty:

“Participants stressed the importance of ACTA as an agreement that will establish an international framework for their efforts to more effectively combat the proliferation of counterfeiting and piracy, which undermines legitimate trade and the sustainable development of the world economy.

While ACTA aims at establishing effective enforcement standards for existing intellectual property rights, it is not intended to include new intellectual property rights or to enlarge or diminish existing intellectual property rights.

This is a preview of ACTA will not create new IPRs or interfere with fundamental liberties statement says. Read full post.

No comments »

Posted in ACTA, Copyright, Counterfeiting, Piracy

Tags:

Legends and reality about the 1996 WIPO Treaties in the light of certain comments on Bill C-32

June 17th, 2010

I.  INTRODUCTION

It was at a copyright seminar abroad that I learned about the publication of Bill C-32 by which the Canadian government intends to adapt the copyright legislation to the digital on-line environment. By the time I arrived home, some of my European colleagues, with whom we usually exchange information, had sent me the links to various blog posts that were trying to offer a first assessment of the new Bill. Some of them contained objective analysis pointing out both the commendable elements of the draft provisions and those where further improvements were found desirable, while others seemed to reflect continued opposition to the government’s intention to modernize the copyright norms the way required by the international treaties and the emerging international standards. 

This is a preview of Legends and reality about the 1996 WIPO Treaties in the light of certain comments on Bill C-32. Read full post.

1 comment »

Posted in Copyright, Piracy, TPMs, WIPO Treaties, c-32, copyright reform, intellectual property, p2p piracy, wct, wppt

Tags:

Some thoughts on Bill-C-32: An Act to Modernize Canada’s copyright laws

June 3rd, 2010

At long last we have the Government’s proposed copyright amendments: Bill, C-32 the Copyright Modernization Act. The new Bill aims to address gaps in the current Copyright Act created by the Internet and other digital technologies in line with international standards.

This Bill is substantially different from its predecessors Bills C-60 and C-61 and reflects new thinking by the Government on how best to modernize the Act. While the Bill is an advancement over previous attempts at copyright reform, it will require amendments to ensure it accomplishes the goals set out by the Government and does not introduce unintended consequences.

This is a preview of Some thoughts on Bill-C-32: An Act to Modernize Canada’s copyright laws. Read full post.

6 comments »

Posted in Copyright, Fair Dealing, TPMs, WIPO Treaties, c-32, copyright reform, p2p piracy

Tags:

Future of Music Coalition Panel: DC Policy Day 2010 – Focus on ACTA

May 27th, 2010

Permanent link to this post

No comments »

Posted in ACTA, Copyright, Counterfeiting, Piracy, WIPO Treaties, copyright reform

Tags:

Developments in Computer, Internet and E-Commerce Law (2009-2010)

May 26th, 2010

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 (2009-2010). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory references:

Tercon Contractors Ltd. v. British Columbia, 2010 SCC 4

Internet Broadcasting Corporation Ltd. v Mar LLC [2009] EWHC 844 (Ch)

Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Sysytems Pty Ltd [2010] NSWSC 267 (9 April 2010)

Kingsway Hall Hotel Ltd. v Red Sky IT (Hounslow) Ltd. [2010] EWHC 965

This is a preview of Developments in Computer, Internet and E-Commerce Law (2009-2010). Read full post.

No comments »

Posted in Copyright, Criminal Law, E-commerce, Electronic Commerce Protection Act (ECPA), Fair Dealing, Fair Use, Fundamental breach, Google Book Scanning, Graduated Response, ISP Liability, IT Contracts, Limitations of liability, Patents, Piracy, Presentations, Privacy, Trade Marks, data protection, human rights, intellectual property, isohunt, p2p piracy

Tags:

Isohunt permanently enjoined by US court

May 21st, 2010

Yesterday, District Court Judge Stephen Wilson issued an order permanently enjoining Ishount and Gary Fung from continuing to engage in copyright infringement. The Court found an injunction necessary because the plaintiffs “have demonstrated that they have suffered irreparable harm, and would suffer further irreparable harm from Defendants’ continued infringement”.

According to the Court, “Plaintiffs’ power to control their rights has been so compromised by the means through which [Defendants] encouraged end users to infringe (digital files plus the internet) that the inducement amounts to irreparable harm.” Further, “it is axiomatic that the availability of free infringing copies of Plaintiffs’ works through Defendants’ websites irreparably undermines the growing legitimate market for consumers to purchase access to the same works.”

This is a preview of Isohunt permanently enjoined by US court. Read full post.

No comments »

Posted in Copyright, Piracy

Tags:

Copyright and the Great Socialist Degradation

May 19th, 2010

Andrei Mincov, a recent law school graduate from Vancouver (who also holds a PhD in law from Moscow State University), published a blog Copyright and the Great Socialist Degradation in which he explores the basis for protecting works under copyright.

Mr Mincov points to a link between society’s views about copyright and its views about how society is organized at the political level. In his view, copyright policy should based upon a recognition of individual rights and the dignity of the individual.

Mr Mincov also makes some observations about the underlying philosophical/political views of those that oppose copyright laws that would enable individuals to determine for themselves how, when and where their intellectual proterty can be disseminated.   

This is a preview of Copyright and the Great Socialist Degradation. Read full post.

No comments »

Posted in Copyright, copyright reform

Tags: