Barry Sookman

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

Archive for the ‘E-commerce’ category

The speech from the throne: a digital strategy and IP reform

March 4th, 2010

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 21^st 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”.

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Posted in ACTA, Copyright, E-commerce, Electronic Commerce Protection Act (ECPA), Piracy

Tags: copyright reform spam bill speech from the throne

Clinton’s Remarks on Internet Freedom

January 26th, 2010

Last week, US Secretary of State Hillary Clinton, gave an important speech on the importance of freedom of speech on the Internet. Her speech touched upon the remarkable potential of the Internet as a communications medium as well as the difficult policy issues associated with protecting it.

A key message was the importance of keeping the internet open to permit a free exchange of ideas and knowledge:

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Posted in E-commerce, Free Speech

Tags: cyber-terrorism intellectual property internet freedom

McCarthy Tétrault Co-Counsel: Technology Law Quarterly

November 13th, 2009

Table of Contents

Internet/E-World ………………………………………………………………………. 1

E-COMMERCE …………………………………………………………………………………. 1

BC: Appeal Court Finds No Defamation Liability for Hyperlinking …………………………………..1

US: Linden Lab Aims to Make (Second) Life Easier for IP Owners……………………………………1

SPAM………………………………………………………………………………………….. 3

Canada: Industry Committee Amends Anti-Spam Bill ………………………………………………..3

Technology M&A……………………………………………………………………….. 6

TECH-RELATED M&A …………………………………………………………………………. 6

Canada: GPLv3 and Tech M&A………………………………………………………………………..6

Technology Contracting……………………………………………………………….. 8

TECHNOLOGY AGREEMENTS …………………………………………………………………. 8

Canada: New Protection for Licensees of IP — BIA and CCAA Amendments Come into Force ……..8

Canada: Harmonized Sales Tax — Timing Your Tech Purchases…………………………………… 10

OUTSOURCING ………………………………………………………………………………. 11

Ontario: Ontario Government Issues New Guidelines for Consulting Contracts ………………….. 11

Canada: Responding to RFPs — Tips for Suppliers …………………………………………………. 12

Canada: Value Drivers for IT Outsourcing Deals In An Economic Downturn — Part II …………….. 15

Canada: Immigration 101 for IT Companies Bringing Temporary Foreign Workers to Canada……. 18

Intellectual Property ………………………………………………………………….20

COPYRIGHT………………………………………………………………………………….. 20

US: US Court Rejects File-Sharer’s Fair Use Defence ……………………………………………… 20

Canada: Canadian Government Completes Consultations with Canadians on Copyright Reform … 21

UK: UK Government Issues Final Digital Britain Report……………………………………………. 22

Europe: French Graduated Response Law Passes Constitutional Hurdle………………………….. 24

Recent issue posted @ http://mccarthy.ca/pubs/TLQ_Vol5_Issue3_E_online.pdf. Covers recent developments in Internet, e-commerce, tech M&A, tech contracting, IP, privacy and communications.

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Posted in Copyright, E-commerce, Electronic Commerce Protection Act (ECPA), Outsourcing, Privacy, Trade Marks

Tags: bio-sciences Copyright E-commerce Outsourcing Patents tech m&a

Developments in Computer, Internet and E-Commerce Law (2008-2009)

May 19th, 2009

Presentation given at the Toronto Computer Lawyers’ Group and IT & E-Commerce Section of Ontario Bar Association, on May 19, 2009 in Toronto.

http://www.mccarthy.ca/pubs/TCLG_May_2009_from_2009_Supplement_.pdf

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Posted in Copyright, E-commerce, Electronic Commerce Protection Act (ECPA), Presentations, Privacy, Trade Marks

Tags: Copyright E-commerce Patents trademarks

Anti-Spam Bill Raises Concerns

May 12th, 2009

On May 8, 2009, the Electronic Commerce Protection Act (ECPA) received a second reading in the House of Commons. The Government of Canada had introduced the bill on April 24^th. The intention of the ECPA is “to deter the most dangerous forms of spam, such as identity theft, phishing and spyware, from occurring in Canada” and to “help drive spammers out of Canada.” The bill also contains provisions intended to combat spyware by prohibiting the installation of computer programs without the consent of the computer’s owner. While the objective of the legislation is laudable, the bill’s overly broad language could circumscribe legitimate business-to-business marketing and impact software companies’ ability to deliver upgrades and patches to customers. Section 6(1) of the ECPA states that “No person shall send or cause or permit to be sent to an electronic address a commercial electronic message unless (a) the person to whom the message is sent has consented to receiving it, whether the consent is express or implied; and (b) the message complies [with specified formalities].” Unlike other international anti-spam legislation, the prohibition against unsolicited commercial messages in the ECPA is not limited to messages sent with some element of fraud or misleading information, sent with an “intent to deceive or mislead,” sent to addresses that were gathered using “automated means,” or sent in bulk.