Barry Sookman

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

Archive for the ‘Privacy’ category

EMI Records v UPC – the case for legislative solutions to illegal file sharing

October 11th, 2010

Earlier today, the Irish High Court released its decision on whether it would grant an injunction against an ISP (in this case UPC) requiring it to implement a graduated response solution to reduce unauthorized file sharing of music. After reviewing a large amount of evidence and hearing from experts, the Court ruled that this type of order would be just and proportionate. However, it ruled that it lacked the jurisdiction to make such an order.

Here are some of the important findings made by Justice Charleton, the same judge who presided over the EMI Records & Ors -v- Eircom Ltd, [2010] IEHC 108 case :

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Posted in Copyright, Piracy, Privacy, Three Strikes, copyright reform, p2p piracy

Tags: barry sookman copyright infringement copyright reform emi v upc Graduated Response

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

Government introduces bills to fight SPAM and spyware and to amend PIPEDA

May 25th, 2010

Earlier today the Government introduced two important Bills – Bills C-28 and C-29.

Bill C-28, Fighting Internet and Wireless Spam Act, is the re-introduction of the Electronic Commerce Protection Act (ECPA). It is essentially the Bill as passed by the House of Commons just before the olympics with a few changes. Most of the changes are to harmonize the language to drafting conventions or to clarify the legislative intent.

The Bill is a major improvement over the initial version of the ECPA which was significantly improved during the Industry Committee review.

The Bill would do the following:

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Posted in Electronic Commerce Protection Act (ECPA), Privacy

Tags: address harvesting barry sookman PIPEDA Privacy spam spyware

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 #

This is a preview of Computer and Internet Law Weekly Updates for 2010-04-18. Read full post.

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

Tags: barry sookman

Debating graduated response at the Center for Democracy and Technology

February 5th, 2010

The US Center for Democracy and Technology recently hosted a debate about the pros and cons of graduated responses systems. The debate can be seen below.

As Canada considers its options for copyright reform, we should be focusing not on whether we should implement graduated response, but on how we ought to do it.

France, the UK, and New Zealand have shown the way. Representatives from Belgium and now Turkey have also expressed support for implementing such a regime. Yesterday’s iiNet decision in Australia shows that self-regulatory approaches may not work out as expected. And, economists like Professor Bomsel tell us that graduated response is the best way to internalize the externalities associated with copyright infringement to address online file sharing that is hurting creators and the creative industries.

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Posted in Copyright, Graduated Response, ISP Liability, Privacy, Three Strikes

Tags: barry sookman copyright reform Graduated Response Three Strikes

Is Minister Clement following the UK to bring us a much needed “Digital Canada” strategy?

January 4th, 2010

As most of you may know, the UK is moving ahead rapidly with its Digital Britain agenda to make the UK a world leader in the digital economy. The goals of the UK initiative include upgrading the UK copyright laws to introduce new exceptions from infringement and laws to stem unauthorized online file sharing.

It was reported today that Minister Clement plans to move ahead with a digital Canada agenda that includes a strategy for Canada’s digital economy including privacy and copyright reforms. More specifics -and action-would be useful, but the goals should be applauded.

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Posted in Copyright, Privacy

Tags: barry sookman canada copyright reform digital canada privacy reform

McCarthy Tétrault Co-Counsel: Technology Law Quarterly

November 13th, 2009

Table of Contents

Internet/E-World ………………………………………………………………………. 1

E-COMMERCE …………………………………………………………………………………. 1

BC: Appeal Court Finds No Defamation Liability for Hyperlinking …………………………………..1

US: Linden Lab Aims to Make (Second) Life Easier for IP Owners……………………………………1

SPAM………………………………………………………………………………………….. 3

Canada: Industry Committee Amends Anti-Spam Bill ………………………………………………..3

Technology M&A……………………………………………………………………….. 6

TECH-RELATED M&A …………………………………………………………………………. 6

Canada: GPLv3 and Tech M&A………………………………………………………………………..6

Technology Contracting……………………………………………………………….. 8

TECHNOLOGY AGREEMENTS …………………………………………………………………. 8

Canada: New Protection for Licensees of IP — BIA and CCAA Amendments Come into Force ……..8

Canada: Harmonized Sales Tax — Timing Your Tech Purchases…………………………………… 10

OUTSOURCING ………………………………………………………………………………. 11

Ontario: Ontario Government Issues New Guidelines for Consulting Contracts ………………….. 11

Canada: Responding to RFPs — Tips for Suppliers …………………………………………………. 12

Canada: Value Drivers for IT Outsourcing Deals In An Economic Downturn — Part II …………….. 15

Canada: Immigration 101 for IT Companies Bringing Temporary Foreign Workers to Canada……. 18

Intellectual Property ………………………………………………………………….20

COPYRIGHT………………………………………………………………………………….. 20

US: US Court Rejects File-Sharer’s Fair Use Defence ……………………………………………… 20

Canada: Canadian Government Completes Consultations with Canadians on Copyright Reform … 21

UK: UK Government Issues Final Digital Britain Report……………………………………………. 22

Europe: French Graduated Response Law Passes Constitutional Hurdle………………………….. 24

Recent issue posted @ http://mccarthy.ca/pubs/TLQ_Vol5_Issue3_E_online.pdf. Covers recent developments in Internet, e-commerce, tech M&A, tech contracting, IP, privacy and communications.

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Posted in Copyright, E-commerce, Electronic Commerce Protection Act (ECPA), Outsourcing, Privacy, Trade Marks

Tags: barry sookman bio-sciences Copyright E-commerce Outsourcing Patents tech m&a