Archive for the ‘ISP Liability’ category

Making social networks remediate defamation enabled by their platforms: McKeogh v Facebook

May 28th, 2013

A recent Irish case illustrates the difficulties an innocent person who is defamed on social media can face in trying to get the material removed, particularly where the Internet intermediaries who may have the ability to help refuse to cooperate. In McKeogh v Facebook Ireland Limited et al, Record No. 2012/254P, High Court Ireland, May 16 2013, the Irish High Court came up with a novel solution – require the Internet intermediaries, in this case Google and Facebook, to order their experts to meet with the defamed person’s expert to come up with a solution that can be incorporated into a mandatory injunction.

Google liability for defamation on Blogger.com: Tamiz v Google (updated)

February 20th, 2013

Last week the UK Court of Appeal in Tamiz v Google Inc [2013] EWCA Civ 68 (14 February 2013) ruled that Google, as the host of the Blogger.com site, had potential liability for defamation by failing to take down or disable access to defamatory content once it receives notice that it is hosting such content.

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.

Understanding Flava Works v myVidster: does inline linking infringe copyright?

August 8th, 2012

Last week, the U.S. Seventh Circuit Court of Appeals released its opinion in the  Flava Works, Inc, v Gunter dba myVidster 2012 WL 3124826 (7th.Cir. Aug 2, 2012) case. The central issue was whether Flava Works, the owner of copyrights in videos, was entitled to a preliminary injunction against the social video bookmarking service myVidster. The injunction which had been granted by the District Court was vacated.

The Supreme Court rules on copyright

July 12th, 2012

Earlier today, the Supreme Court released reasons in the five copyright appeals heard back to back on December 6 and 7, 2011 in the following cases:[i]

My remarks to the Senate Committee studying Bill C-11

June 22nd, 2012

The following are my opening remarks to the Senate Committee studying Bill C-11 earlier today. The link to the webcast can be found here.

I would like to thank the committee for inviting me to appear today to provide input on Bill C-11.

Before starting my remarks, I would like to give you some background about myself.

  • I am a senior partner with the law firm McCarthy Tétrault.
  • I am an adjunct professor at Osgoode Hall Law School where I teach IP law.
  • I am the author of 5 books including the leading 6 volume treatise on Computer, Internet and E-Commerce Law.

Developments in Computer, Internet and E-Commerce Law (2011-2012)

June 21st, 2012

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 (2011-2012). It covers significant developements since my talk last spring, Developments in Computer, Internet and E-Commerce Law (2010-2011).

The slides include a summary of the following cases:

Kraft Real Estate Investments, LLC v Homeway.com, Inc. 2012 WL 220271 (D.S.Car. Jan 24, 2012)

Swift v. Zynga Game Network, Inc., 805 F.Supp.2d 904, (N.D.Cal., 2011)

Fteja v. Facebook, Inc., 2012 WL 183896 (S.D.N.Y. 2012)

Grosvenor v. Qwest Corp., 2012 WL 602655 (D.Colo., 2012) 

iiNet not responsible for customers’ infringing acts says Australia High Court

April 20th, 2012

The High Court of Australia released its decision in the Roadshow Films Pty Ltd v iiNet Ltd [2012] HCA 16 (20 April 2012) case earlier today. The panel of five judges, in two sets of reasons, dismissed the appeal from the Full Court. That court held that, on the facts of the case, iiNet, an Australian ISP, was not liable for authorising the infringing acts of its customers.

The key question in the appeal, was whether iiNet authorised its customers’ infringing acts. According to the Court, the key facts on which liability was premised were the following:

Reining in the rhetoric on copyright reform

February 8th, 2012

This blog post is a longer version of the article entitled This Bill is no SOPA published in the Financial Post  today.

While recent attempts by the usual suspects making hysterical predictions about copyright reform in Canada have been ratcheted up yet again, this time the claims are so outrageous that they can perhaps best be described as having “jumped the shark”. Canadians are being told that Bill C-11, an act to amend Canada’s outdated copyright law, could be used to shut down popular web sites like YouTube, fundamentally change the Internet, sabotage online freedoms, and hog-tie innovators.

Do linking sites infringe copyright?

January 18th, 2012

A UK judged ruled on Friday that the 23 year operator of the TVShack.net linking website could be extradited to the US to face a trial for alleged criminal copyright infringement. In rendering the decision the UK court made some important findings about the scope of UK copyright law. They included the ruling that organizing and providing hyperlinks to infringing content from a linking website can infringe the making available right.