Barry Sookman

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

Archive for the ‘Piracy’ category

Developments in Computer, Internet and E-Commerce Law (2010-2011)

June 15th, 2011

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 (2010-2011). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory materials:

Privacy:

Cite Cards Canada Inc. v. Pleasance, 2011 ONCA 3

Leon’s Furniture Limited v. Alberta (Information and Privacy Commissioner), 2011 ABCA 94

State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada, 2010 FC 736

Nammo v. TransUnion of Canada Inc., 2010 FC 1284

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Posted in Amazon, Computer Misuse, Copyright, E-commerce, Electronic Commerce Protection Act (ECPA), FISA, FIWSA, Fair Dealing, Google Book Scanning, ISP Liability, IT Contracts, Limitations of liability, Outsourcing, Patents, Piracy, Presentations, Privacy, Trade Marks, authorization, business method patents, communication to the public, conflicts of law, conflicts of laws, contributory infringement, data protection, idea expression dichotomy, iiNet case, intellectual property, p2p piracy, spam

Tags: barry sookman class actions Copyright data protection E-commerce google book project intellectual property IT Contracts Limitations of liability Patents Privacy trade-marks

UN report on internet disconnection flawed and contrary to jurisprudence

June 13th, 2011

Recently, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression released a controversial report in which he stated he was

“alarmed by proposals to disconnect users from Internet access if they violate intellectual property rights. This also includes legislation based on the concept of “graduated response”, which imposes a series of penalties on copyright infringers that could lead to suspension of Internet service, such as the so-called “three strikes-law” in France and the Digital Economy Act 2010 of the United Kingdom.”

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Posted in Copyright, Free Speech, ISP Liability, Piracy, Three Strikes, c-32, copyright reform, human rights, iiNet case, p2p piracy

Tags: barry sookman Digital Economy Act Graduated Response iinet Three Strikes UN human rights report

G8 declaration: Internet and IP critical to innovation

May 30th, 2011

The leaders of the G8 concluded their meetings last week with a renewed commitment to freedom and democracy. They released a declaration dealing with a variety of topics including the importance of the Internet and intellectual property as catalysts to innovation. The declaration also highlights the challenges of maintaining the privacy and security of networks and network communications.

The declaration on the Internet made the link between the Internet and innovation as follows:

For business, the Internet has become an essential and irreplaceable tool for the conduct of commerce and development of relations with consumers. The Internet is a driver of innovation, improves efficiency, and thus contributes to growth and employment…

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Posted in E-commerce, Piracy, Privacy, WIPO Treaties, intellectual property, patent reform

Tags: barry sookman g8 intellectual property internet

Canada back on the USTR 2011 Special 301 Watch List

May 2nd, 2011

The Office of the United States Trade Representative (USTR) just published its 2011 Special 301 Report. The 2011 Special 301 review process examined IPR protection and enforcement in 77 of the US’s trading partners. The Special 301 Report is a critical mechanism for the U.S. government to ensure that its trading partners provide adequate and effective protection of IP for America’s creators and innovators.

Following extensive research and analysis, the USTR again listed Canada on its Priority Watch List along with Algeria, Argentina, Canada, China, India, Israel, Indonesia, Pakistan, Russia, Thailand, and Venezuela.

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Posted in Copyright, Counterfeiting, Piracy, intellectual property, p2p piracy

Tags: barry sookman

YouTube adopts “copyright school” to stop copyright infringement

April 14th, 2011

YouTube has changed its copyright policy. YouTube already has a policy that involves suspending accounts of YouTube users who have three copyright strikes. Now, if YouTube receives a notification that a user’s video is infringing the user will be required to go to “YouTube Copyright School”. A second change in the policy relaxes YouTube’s copyright strikes from a user’s accounts if the user completes the YouTube Copyright School and has demonstrated good behavior over time.

The Official YouTube Blog says the following:

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Posted in Copyright, Piracy, Three Strikes

Tags: barry sookman Graduated Response Three Strikes youtube

New Zealand passes law to reduce online file sharing

April 14th, 2011

New Zealand just enacted legislation that puts in place a three-notice regime to deter illegal file sharing.

The three-notice regime involves ISPs sending warning notices to their customers informing them they may have infringed copyright. The legislation extends the jurisdiction of the NZ Copyright Tribunal to provide an efficient, low-cost process to hear illegal file-sharing claims. The tribunal will be able to make awards of up to $15,000 based on damage sustained by the copyright owner.

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Posted in Copyright, Piracy, Three Strikes, copyright reform, notice and notice, p2p piracy

Tags: barry sookman Copyright copyright reform Graduated Response notice and notice p2p file sharing

Who Profits from Piracy?

April 12th, 2011

The video shown below is based on a presentation first given by Ellen Seidler (fastgirlfilms) at Canadian Music Week’s Global Forum in March of 2011.

In the introduction to the video she says: ”Online piracy isn’t about altruism, it’s about income. Today’s technology allows web pirates to steal content and monetize that content with a click of a mouse. Meanwhile, “legit” companies encourage and facilitate this theft while also profiting from it (ad service providers, advertisers and payment processors). The time has come for reasonable measures to be taken to discourage this theft. Content creators and consumers will benefit. Only the pirates and those who profit from their theft will lose.”

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Posted in Copyright, Piracy, p2p piracy

Tags: barry sookman Copyright ellen seidler video fastgirlfilms Piracy

Rethinking notice and notice after C-32

April 4th, 2011

Canada’s last three copyright bills, C-60, C-61 and C-32, attempted to curb illegal online file sharing by requiring ISPs to forward notices of claimed infringements to customers. Canada’s ISPs had advocated for this “notice and notice” process claiming it was effective. However, they never produced any empirical evidence or studies to back up their claims.

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Posted in Copyright, ISP Liability, Piracy, Three Strikes, c-32, copyright reform, notice and notice, p2p piracy

Tags: barry sookman Bill C-11 Bill C-32 Copyright copyright reform Graduated Response internet piracy ISP Liability notice and notice p2p file sharing

What art copyrights and sandwhiches have in common

March 21st, 2011

Here is a video included in a blog How copyright infringement is like stealing my sandwhich. It is by an artist “to put copyright infringement into terms the average person can understand: lunch”. It is an interesting perspective given the recent testimony of Margaret Atwood at the Parliamentary Committee on Bill C-32.

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Posted in Bill C-28, Piracy, c-32, copyright reform, p2p piracy

Tags: barry sookman Copyright copyright reform fair dealing Piracy theft

Are Canada’s copyright laws friendly or unfriendly towards wealth destroyers according to Prof. Geist?

March 9th, 2011

In the last few weeks Prof. Geist has been writing, blogging, tweeting, speaking and even testifying to a Parliamentary Committee about the IsoHunt case and whether there is a need for an amendment to the Copyright Act to create a new cause of action to make online pirate sites and services liable for enabling copyright infringement. His ostensible claim is that representatives of the recording industry secretly filed a copyright infringement claim against IsoHunt three weeks before Bill C-32 was tabled in the House of Commons; kept the suit secret to improve their chances of getting copyright reforms needed to shut the site down – all the while not needing the amendments because they already have the legal tools necessary to put IsoHunt out of business. These claims were made here, here, here, here, here, here, and here, among others, and were widely disseminated and syndicated by Prof. Geist including here, here, here, here, here, here, and here.