Barry Sookman

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

Archive for the ‘intellectual property’ category

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

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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: barry sookman computer law Copyright data protection ecommerce law internet law Privacy spam spyware toronto computer lawyers group presentation trademarks

Canada again named to USTR’s Priority Watch List for weak IP laws

April 30th, 2010

The USTR just released its 2010 Special 301 Report. Canada has again been placed on the Priority Watch List along with Algeria, Argentina, Chile, China, India, Indonesia, Pakistan, Russia, Thailand, and Venezuela.

In placing Canada on this list, the USTR stated the following:

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Posted in Copyright, Counterfeiting, Piracy, WIPO Treaties, copyright reform, intellectual property

Tags: barry sookman canada Copyright copyright reform Piracy ustr 301 report

Computer and Internet Law Weekly Updates for 2010-04-18

April 18th, 2010

IRMA/Eircom graduated response agreement found compatible with UK data protection legislation. http://ow.ly/1zjbg #
Text of ACTA to be made public following NZ meetings according to Joint statementhttp://ow.ly/1zrzZ #
Debate: Graduated response to copyright infringement – Debatepedia http://bit.ly/bG8YG8 #
SSRN-Judicially Re(De)Fining Software Patent Eligibility: A Survey … http://bit.ly/dttuuZ #
More on the High Court decision to give the go ahead to graduated response in Irelandhttp://bit.ly/bDe7kw #
3M files copyright suit against Andover Healthcare http://bit.ly/adrETN #
Judge Denies RapidShare’s Motion to Postpone, Move Hearing http://bit.ly/9Hh9N3 #
Entertainment Software association wants changes for digital entertainment http://bit.ly/cIu1Re #

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Posted in ACTA, Computer & Internet Law Weekly Update, Copyright, Privacy, Three Strikes, copyright reform, intellectual property

Tags: barry sookman

Develop a prudent intellectual property policy by reading Shakespeare’s Hamlet, says judge

April 6th, 2010

Its not often that modern day courts quote William Shakespeare for guidance in developing corporate intellectual property policies. Yet, that is exactly what US District Court Judge Gibson did in a recent case involving an employee/employer dispute, an acrimonious parting of the ways, and competition in the water-oil separating business.

In a decision released last week in Highland Tank & Mfg. Co v PS International, Inc. 2010 WL 1253887 (W.D.Pa. March 30, 2010), Judge Gibson quoted from Polonius’ speech in Hamlet providing this advice:

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