Archive for the ‘Graduated Response’ category

Change and the Copyright Modernization Act

November 7th, 2012

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.

P2P file sharing hurts music sales in Canada, study finds

February 2nd, 2012

Does P2P file sharing negatively affect legitimate music purchases in Canada? Does the availability of music for downloading from illegitimate P2P sources act as a substitute for legitimate music purchases? Would stronger copyright laws increase music purchases in Canada? Would it also increase artist incomes, industry employment and tax revenues in Canada?

The answers to all of these questions is yes according to a recent study published by Dr George Barker, the Director, Centre of Law and Economics, at ANU College of Law, Australian National University. What’s more, the study was done based on survey evidence conducted by Decima Research on behalf of Industry Canada.

Some observations on Bill C-11: The Copyright Modernization Act

October 3rd, 2011

Last Thursday the Government of Canada introduced into the House of Commons Bill C-11, an Act to Amend the Copyright Act. In a press release describing the Bill, Heritage Minister James Moore and Industry Minister Christian Paradis, stated that the Bill will ensure that Canada’s copyright laws “are modern, flexible, and in line with current international standards” and will “protect and help create jobs, promote innovation, and attract new investment to Canada.”

UK proposals to modernize UK Copyright Act released

August 3rd, 2011

The UK Government outlined plans earlier today to support economic growth by modernising the UK’s intellectual property laws. The Government accepted a number of recommendations made by Professor Ian Hargreaves in his report, Digital Opportunity: A review of intellectual property and growth in its response to Professor Hargreaves’ Review of Intellectual Property and Growth. The Government’s response can be found online at www.ipo.gov.uk/ipresponse.

The UK Government also simultaneously published a series of  other reports including: Next steps for implementation of the Digital Economy Act“Site blocking” to reduce online copyright infringementDraft-Sharing-of-Costs statutory-instrument, Impact Assessment for the Sharing of Costs Statutory Instrument, Digital Economy Act Appeals Process: Options for reducing costsInternational Strategy, and IP Crime Strategy.

iiNet court backs reasonableness of graduated response to stop illegal file sharing

March 8th, 2011

Last week the Australian Full Court released its decision in the landmark case Roadshow Films Pty Limited v iiNet Limited, [2011] FCAFC 23. The Australian appeals court by majority dismissed the appeal from the decision of the primary judge who had held that iiNet, an ISP in Australia that had not acted on any information provided to it by copyright owners, was not liable for authorizing the copyright infringement of its subscribers who had used its facilities to engage in unlicensed peer to peer file sharing.

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

Canada called out for weak copyright laws by IFPI and at the Heritage Committee

April 30th, 2010

Digital piracy remains one of the biggest obstacles for the recording industry. It is an especially significant problem here in Canada. A major contributor is weak copyright protection which limits the development of new business models for music in Canada. These are the conclusions of the IFPI which just published a report setting out a comprehensive picture of the key trends in today’s music business including key trends in Canada. It is also the opinion of representatives of the recording industry who appeared before the Standing Committee on Canadian Heritage last week.

Graduated response: a least cost solution to reducing online copyright infringement

April 26th, 2010

A new article, Three strikes law: a least cost solution to rampant online piracy, published  by Charn Wing Wan, argues that graduated response systems can be justified on economic grounds as a way of reducing transaction costs associated with enforcing online copyright infringement.

The abstract of the article states the following:

Is graduated response necessary to protect human rights from online copyright infringement?

April 19th, 2010

Last week, the Irish High Court released an important decision in the EMI Records & Ors -v- Eircom Ltd ,  [2010] IEHC 108 case. The court held that a settlement agreement between an Irish ISP, Eircom, and owners of copyright protected sound recordings and videos to implement a voluntary graduated response system was compatible with Irish data protection legislation. The ruling by Justice Charleton delivered on 16th April, 2010, is noteworthy not only because it found that collecting and using IP addresses for the purposes of sending out graduated response notices to subscribers does not violate data protection legislation. It is also noteworthy because the court recognized that the right to copyright is a human right protected by the Constitution of Ireland, 1937; and that the graduated response protocol was fully justified in light of the importance of copyright and the adverse effects of unauthorized online file sharing.

More hype than facts about ACTA from its critics

April 13th, 2010

The internet is lighting up again with opposition to the ACTA as negotiations on the trade agreement resume in New Zealand. Notwithstanding that much about the treaty is now known from well publicized leaks, its critics continue to try and slag it with misinformation and biased criticism.

Consider the following summary by Prof. Geist in yesterday’s Toronto Star article which was re-published in his blog this morning. Prof. Geist says: