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.
Archive for the ‘ISP Liability’ category
Last week the UK Court of Appeal in Tamiz v Google Inc  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.
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.
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]
- Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34 (ESA v SOCAN)
- Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35 (Rogers v SOCAN)
- Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, 2012 SCC 36 (SOCAN v Bell)
- Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37 (Access Copyright)
- Re:Sound v. Motion Picture Theatre Associations of Canada, 2012 SCC 38 (RE:Sound)
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.
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.