A court in the Northern District of California in Google LLC v. Equustek Solutions Inc. issued a preliminary injunction on November 2, 2017 enjoining Equustek from enforcing the global de-indexing order it obtained against Google in a British Columbia court. Later that year, as Equustek did not defend the proceeding, the court issued a one page default judgment making the injunction permanent.
Archive for the ‘Geist’ category
The Hill Times published my op-ed on the FairPlay Canada website blocking proposal, Why the CRTC should endorse FairPlay’s piracy site-blocking plan. The full unedited version, complete with endnote references is below.
Last week Fairplay Canada filed an application with the Canadian Radio-television and Telecommunications Commission (CRTC), asking for a new tool to help Canadian creators to combat online theft of their content by illegal piracy websites. It proposed that the Canada’s telecom regulator create an independent agency to identify websites and services that are “blatantly, overwhelmingly, or structurally engaged in piracy”. Following a fair procedural process, the agency could recommend that a site be blocked by ISPs. Then, if the CRTC agreed, that quasi-judicial administrative agency could use its lawful authority to order ISPs to block the site.
Here is my full unedited op-ed published in today’s Globe and Mail.
The cultural industries in Canada are facing major challenges. A significant contributing cause is our outdated legal frameworks. They did not contemplate, and have not been updated to address, the new means of stealing content or uses of content by Internet platforms and others without permission or paying just compensation. These issues and proposals to address them deserve our attention. Two examples are illustrative.
The first involves Internet streaming piracy. Canadians have a plethora of ways to watch television and movie programming, including over-the-air broadcasts, cable, satellite, authorized IPTV services, and over-the-top services such as Netflix.
There was a time you could count on The Globe and Mail to support the Canadian cultural industries and to favour legal frameworks designed to strengthen them. You could also count on the Globe not to be soft on content theft by commercial pirates that harm Canadian businesses and impede their ability to innovate. Recently, however, the Globe has taken one-sided positions opposite the creative community. Worse, it has taken these positions relying on inadequate research and supporting them with inaccurate factual assertions, in some cases by relying on writings of anti-copyright activist Michael Geist.
Here is an Op-ed of mine that ran earlier today in the Hill Times. The post below includes endnotes not in that article.
In his Hill Times Op-ed (Canadian copyright reform requires a fix on the fair dealing gap, Dec. 5, 2016) Michael Geist takes issue with the need to address the “value gap” that is hurting Canadian artists, writers, and other members of the creative class. He argues instead that Canada faces a need to address a “fair dealing gap” in our copyright laws. There is no such need and his arguments don’t withstand scrutiny.
I recently had the privilege of speaking about the Trans-Pacific Partnership (TPP) at the Fordham 24th Annual Intellectual Property Law and Policy Conference, a stellar international IP conference. The other speakers on my panel were Probir Mehta (lead U.S. negotiator of the IP portion of the TPP), Pedro Velasco Martins (lead EU negotiator of the IP portion of the TTIP), and Daren Tang (lead Singapore negotiator of the IP portion of the TPP). The title of the panel was “Examination of TPP & TTIP”. My talk focused on how the IP provisions of the TPP are being inaccurately depicted to the public.
The Trans-Pacific Partnership (TPP) is a comprehensive and complex agreement. It presents major economic opportunities for Canada. It deserves, as Lawrence Herman, the former head of the Economic and Treaty Law Section of Canada’s External Affairs Department, pointed out, “careful, reasoned and balanced assessment”. Some individuals have stepped forward to do that with respect to the intellectual property and e-commerce chapters, such as:
- Nathaniel Lipkus The TPP’s IP provisions put Canada on level ground
- Richard C. Owens: Crying wolf over the Trans-Pacific Partnership https://t.co/WQDJOIwsAI
- Hugh Stephens The TPP’s Intellectual Property Provisions: The “Worst Public Policy Decision in the Country’s History”? Let’s Have Some Perspective!,
Last week Michael Geist published a blog post summarizing his remarks to Industry Minister Moore as to why the almost universal criticisms of Canada’s anti-spam/malware law CASL are unfounded. He suggested it is intense lobbying by “squeaky wheels” with “knee jerk” “greatly exaggerated” and “Festivus” grievances about CASL” that has delayed bringing the law into effect”. He acknowledges that CASL creates new compliance obligations but suggests they are not onerous and even standard internationally (when referring to “opt-in” for spam) and that there is not much more to CASL than “a simple proposition – obtain customer consent and you can do pretty much whatever you like.”
Bill C-11, the Copyright Modernization Act, with a few exceptions, is now law with the publication of the Governor General Order in Council. The fourth attempt to amend the Copyright Act since 2005 succeeded where Bills C-60 (2005), C-61 (2008), and C-32 (2010) did not.
A lot has changed since 2005 when Bill C-60 was first introduced. That Bill would have made a limited, but important, set of amendments. Its summary reminds us that it would have amended the “Copyright Act to implement the provisions of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, to clarify the liability of network service providers, to facilitate technology-enhanced learning and interlibrary loans, and to update certain other provisions of the Act.” Bill C-11 addresses far more than this.
My mother warned me to be suspicious when people give gratuitous compliments. So, I read with some suspicion the recent blog post by Ariel Katz, who responded to my post Did the Supreme Court eviscerate Access Copyright’s business model? A reply to Michael Geist, generously calling me a “well experienced lawyer” and a “smart well-trained lawyer”.[]
In that post I argued that Michael Geist’s claim that the Supreme Court’s decision eviscerated Access Copyright’s business model did not stand up to scrutiny. I pointed out that his assertions completely ignored the teachings of the Supreme Court that whether something is a fair dealing is a question of fact and that his claims were not based on any analysis to demonstrate why the Supreme Court decision had the effects he claimed.