Can a Website Disclaimer Prevent Declaratory Judgment Actions in IP Cases? Maybe…or Maybe Not http://buff.ly/126bL5l

The Internet Society Wants to Punch Your Nose and Commoditize You Without Your Permission http://buff.ly/17fQH5t

ASSOCIATION FOR MOLECULAR PATHOLOGY v MYRIAD GENETICS – a comparison with EU and Australian law http://buff.ly/18QUYg3

State photo-ID databases become troves for police in US http://buff.ly/17SqYiQ

More IP books for review http://buff.ly/18QSyOC

U.K. hacked diplomats’ phones, emails, Guardian reports http://buff.ly/11sxS7g

New DRM Changes Text of eBooks to Catch Pirates http://bit.ly/ZX8SYc

Facebook RSS reader said to uncloak June 20? It would serve Google right if Facebook makes a go of it. http://bit.ly/ZX8AQV

SCO vs. IBM battle resumes over ownership of Unix http://bit.ly/ZX8vg0

Indian start-up complains about unfair Google Ad-Sense contracts http://bit.ly/ZX80CU

Copyright in real estate listings survives Lanham Act counterclaim http://bit.ly/ZX7DZ2

From big issues to daily detail: copyright in all its glory http://bit.ly/ZX6Jf9

PRS for Music, STIM and GEMA to collaborate on new venture http://bit.ly/ZX6EIc

BBC News – Apple discloses US data requests following Prism leaks http://bbc.in/1267Khe

Andre Leduc, who was involved in the drafting of CASL and the Industry Canada regulations, provided some information about next steps with respect to bringing CASL into force. He stated that:

• Industry Canada has completed its analysis of feeback received on the second draft of the Industry Canada regulations. It is now considering options for the Minister. The Minister must approve the options. Then the options must be approved by Treasury Board.
• The regulations will be published in Part 2. Accordingly, they will be final once published this time around.
• The final regulations are likely to be finalized late this summer or in the fall. Much depends on the political process including when the Minister approves the regulations and when they are approved by Treasury Board.
• The earliest time that CASL could come into force is when the regulations become final. However, Industry Canada will recommend to the Minster that the public be given a reasonable amount of time after the regulations are finalized before CASL becomes law, likely a period of between 8 months and 1 year.
• Andre’s best guess of when CASL will come into force, subject to the decisions of the political masters, is next fall (fall 2014).
• The coming into force date will be in the final regulations.
• Andre spent a good portion of his time summarizing the draft regulations, but except in a few cases did not indicate what changes to the regulations are being proposed. He indicated changes were likely to expand the definition of family relationship and to clarify the exceptions related to computer programs.

Lynne Lerrault explained the role of the CRTC in enforcing CASL. She also said that:

• CASL has the highest level of administrative monetary penalties (AMPs) in any piece of Canadian legislation. Initially, there were concerns about whether it would be constitutional. There is now more comfort that the level of APMs can be defended. (Earlier, Andre Leduc had indicated that for constitutional reasons, CASL’s AMPs cannot be penal. But, to be a real deterrent the penalties had to be significant enough to address the business models of spammers without being penal.)
• Lynn confirmed again that where the CRTC Guidelines uses the word “should” the requirements are not mandatory e.g., should is not the same as must.
• The CRTC is working on FAQs to be posted in the near future. The CRTC is coordinating these with Industry Canada. A FAQ will address the meaning of the term CEM.

Mike Fekete and Mark Hayes then gave a presentation on 10 challenges businesses will have complying with CASL and why CASL is problematic. In summary (one or both of them) said the following:

• CASL’s breadth and structure is a major problem; it applies to almost every entity; the bill is not about SPAM – it is about commercial electronic messages; it is not about malware or spyware – it is about computer programs. CASL’s structure is guaranteed to result in overregulation. The need for exemptions in the Act, more exemptions in regulations, Guidelines and FAQs shows just how problematic its ban all structure is.
• Lack of an exception for inferred consent (which exists in Australia, the legislation after which CASL was modeled).
• The prescriptive and detailed nature of what is required to request consents. These are in CASL, in the CRTC regulations and in the Guidelines. These requirements are not consistent with practices being used today even by multinational companies. It will be very difficult for companies to migrate their practices to CASL.
• The confusing nature of the exemptions. There are different types including complete exemptions, exemptions only from the consent requirements, and implied exemptions for consents. Mark Hayes expressed the opinion he has not seen anyone be able to adequately explain how CASL works to small and medium sized businesses.
• The difficulties in obtaining consents and meeting the disclosure requirements on mobile devices. When you actually try to apply CASL to various scenarios, it can become very challenging.
• The CRTC Guidelines on bundled consents and use of toggle boxes are problematic. There are circumstances when they will not benefit consumers. For example, vendors of security software often use pre-checked boxes to obtain consents from consumers to the installation of upgrades. Few consumers add check marks to un-pre-checked boxes. Thus, ironically, CASL will hurt consumers by resulting in a lower standard of protection against viruses and other malware on consumers’ computers.
• Obtaining consent on behalf of affiliates and other third parties will be difficult.
• Proving that consents have been obtained using the Guidelines recommended by the CRTC will be problematic.
• It will be difficult to determine how to measure whether a person installing a computer program has a reasonable belief that they have individuals’ consent to the installation of computer programs.

I have made similar comments about CASL in numerous blog posts and in my submissions to Industry Canada. See, Canada’s anti-spam law, too much of a good thing, Evaluating the Industry Canada CASL regulations: my submission to the consultation.

Retirement of Mario Bouchard / Retraite de Mario Bouchard

After a fruitful career, including the last 23 years at the Copyright Board, Mr. Mario Bouchard, General Counsel of the Board, informed me of his decision to retire from the Federal public service, effective Monday, August 26, 2013.

Mr. Bouchard will cease to act as the Board’s General Counsel as of Monday, June 24, 2013, and will be assigned to specific duties until his retirement.

I know you will join me in wishing Mario much deserved success in his future endeavours.

*************************************************

Après une carrière fructueuse, dont les 23 dernières années à la Commission du droit d’auteur, Me Mario Bouchard, avocat général de la Commission, m’a informé de sa décision de prendre sa retraite de la fonction publique fédérale le lundi, 26 août 2013.

Me Bouchard cessera d’agir à titre d’avocat général de la Commission à partir du lundi, 24 juin et sera affecté à des mandats spécifiques jusqu’à sa retraite.

Je sais que vous vous joindrez à moi pour souhaiter à Mario tout le succès qu’il mérite dans ses projets futurs.

Claude Majeau
Vice-Chairman & CEO / Vice-président et premier dirigeant

Copyright Board of Canada
Commission du droit d’auteur du Canada
56 Sparks – Suite/Bureau 800
Ottawa ON  K1A 0C9
Tel: 613-952-8625

Mario, thank you for your tireless efforts at the Board. We will miss you.

Unauthorised access to medical devices possible due to password vulnerability, warns US cyber security body http://bit.ly/19bEawY

Breach of Confidence: Your “Friends” Can’t Protect You http://bit.ly/19bDY10

Hadopi third strike hits French file sharer were it hurts: Banned from the Net http://bit.ly/19bDMyK

Are Isolated Human Genes Patentable In Canada? http://bit.ly/19bDEiL

Court of Appeal Accepts Ontario Jurisdiction Despite Forum Selection Clause for Germany http://bit.ly/19bDxDT

Birthday blues in class action claim http://bit.ly/19bDojB

Sweden effectively bans government use of Google Cloud Apps for violating data protection rules  http://bit.ly/19bDasI

Internet Society Urges Transparency in IP Discussions -innovation w/o permission as a guiding principle?  http://bit.ly/19bCMe0

Twenty Thoughts on the Importance of Myriad http://bit.ly/19bCwvB

German VP8 infringement cases show Google’s inability to cut through the codec patent thicket http://bit.ly/19bCsvG

Saudi Arabia plans to block WhatsApp within weeks: report http://bit.ly/11hzpjX

New Brunswick paper plant’s bid to impose random alcohol tests at work shot down by Supreme Court http://bit.ly/19bC6VK

Facebook, Microsoft reveal U.S. government data requests  http://buff.ly/11DPagm

‘Canadian’ online pharmacy ordered to close operations amid revelations it’s actually based in Belize http://bit.ly/13Kj1GP

CRTC chief calls for ‘audacious’ TV rules http://bit.ly/12sOuAJ

New NYC bill would require 3D printed guns to be registered with police http://ars.to/12sOEIc

TRIPS Intellectual Property Reprieve for Poor Countries http://bit.ly/12sP4OE

Link found to be misleading and deceptive in Kosciuszko Thredbo Pty v ThredboNet Marketing [2013] FCA 563 http://bit.ly/12sQedg

Paramount Wins ‘La Dolce Vita’ Lawsuit http://bit.ly/12sQvwI

News: French President’s Partner Awarded Privacy Damages over “Three in a Relationship” Case http://bit.ly/12sReOo

PRISM: The real concern is that governments may not be breaking any law at all http://bit.ly/12sRtci

Recent Study Finds Cybersecurity Disclosures May Fail To Meet SEC Guidelines http://bit.ly/12sRZqT

New FCC Interpretation Of “Express Consent” To Increase TCPA Class Action Liability http://bit.ly/12sShhr

European Commission looking into competition-chilling effects of Android licensing practices http://bit.ly/12sToh2

U.K. watchdog demands probe into Google tax affairs http://cnet.co/12sTvcw

Computer and Internet Law Updates for 2013-06-14 http://wp.me/p3flp9-2Mi

US Supreme Court rules that isolated human genes are not patentable http://buff.ly/177TXzR

EU Regulators Eye Google Again — This Time It’s Android http://buff.ly/177VDtd

Computer and Internet Law Updates for 2013-06-14: Internet providers to block download website | Irish Examine… http://bit.ly/13KDonc

Internet providers to block download website | Irish Examiner http://bit.ly/1962LTY

Google, Facebook, Microsoft Talk Surveillance http://bit.ly/19uakXd

EU justice chief seeks answers on U.S. data spying http://bit.ly/19630OM

Canada a haven for digital criminals: study http://bit.ly/1963lRA

: International Cyber Security at the UN: Between Doom and Hesitant Optimism http://huff.to/1963qF6

ITC staff rejects Google’s public interest arguments, recommends import ban against Samsung http://bit.ly/1963xR4

Facebook turns on data center at edge of the Arctic Circle http://cnet.co/1963K6I

SAP Wins Key Ruling in Long-running Patent Battle with Versata http://bit.ly/19642dL

Twitter must disclose authors of anti-Semitic tweets, French appeals court rules http://bit.ly/1755GyU

Steven Spielberg and George Lucas predict ‘massive implosion’ in film industry http://bit.ly/1964k4n

Trap for the Unwary – The Ont. Court of Appeal Addresses the Limitation Period for Contractual Indemnities http://bit.ly/1964Wa7

Redefining Free Culture http://bit.ly/1965e0M

UK advertising industry takes steps to address concerns about online copyright infringement http://bit.ly/1965j4B

Honda Secures a Dismissal Of A Ferrofluid Artist’s Copyright Claims http://bit.ly/1965sF4

Peter Braid (Conservative; June 12th) on Bill C-56 http://bit.ly/1965Y5X

Vote #754 (Passed) in House limiting Second Reading debates on Bill C-56 to one more sitting http://bit.ly/19666lU

NSA spying – musings about the surveillance state http://bit.ly/1966nVX

EU Commission explores copyright questions related to data mining http://bit.ly/1966sJg

Chinese national sentenced to 12 years in prison for cyber theft http://bit.ly/1966z7D

Did the PTAB Just Kill Software Patents http://bit.ly/196769J

Latvian Constitutional Court’s first copyright case affirming constitutional right to protect copyrights http://bit.ly/1967ntd

Car-tracking devices spark privacy concerns http://buff.ly/1bz1Vyw

Ontario Amendment to the E-Commerce Act Re Land Transfers Is Passed http://bit.ly/1967wNk

IBM’s $1bn layoffs latest: Now axe swings in US, Canada http://bit.ly/1967DbI

Why I’m not losing sleep over Prism http://bit.ly/1967Qf3

Impact of streaming on download sales and why there is no simple answer to the question of cannibalization http://bit.ly/19681H6

Margaret Hodge: Google UK boss was ‘completely unconvincing’ on tax http://buff.ly/11hHQbk

Group Wants Antitrust Agencies to Block Google’s Waze Deal http://buff.ly/12pcOTW

Computer and Internet Law Updates for 2013-06-13 http://wp.me/p3flp9-2Ll

Computer and Internet Law Updates for 2013-06-13 http://wp.me/p3flp9-2Ll

Blogged: Computer and Internet Law Updates for 2013-06-13 http://bit.ly/11y5dwf

Computer and Internet Law Updates for 2013-06-13: Not So Fast: French Minsitry Of Culture Hesitates to Transf… http://bit.ly/19uWioj

US Supreme Court: Human genes cannot be patented http://www.cnn.com/2013/06/13/politics/scotus-genes/index.html?c=homepage-t …

Bill C-56 finished Second Reading in the House and was referred to the Standing Committee on Industry, Science and Technology…

Myriad: Isolated DNA out, cDNA in http://feedproxy.google.com/~r/PatentlyO/~3/jy7pRx6SyNE/myriad-isolated-dna-out-cdna-in.html …

Myriad: Justice Scalia's Concurrence http://feedproxy.google.com/~r/PatentlyO/~3/31ceoMLwmu0/myriad-justice-scalias-concurrence.html …

Huge win for Apple at the patent office: key claims of rubber-banding patent confirmed http://www.fosspatents.com/2013/06/huge-win-for-apple-at-patent-office-key.html …

Supreme Court Issues Opinion on Myriad http://feedproxy.google.com/~r/PatentBaristas/~3/Wlu_FjvhEDM/ …

Cloud computing: how can companies reduce the <b>security</b> risk? http://www.google.com/url?sa=X&q=http://www.guardian.co.uk/media-network/media-network-blog/2013/jun/13/cloud-computing-companies-security&ct=ga&cad=CAcQARgAIAAoATAAOABA59vnjQVIAlAAWABiBWVuLVVT&cd=p0Sg4hNA_-Q&usg=AFQjCNFBEFZBmyEB6tO-VRWGi3u-V4_PmQ …

Paramount Triumphs In ‘La Dolce Vita’ Copyright Case http://feedproxy.google.com/~r/Copyright-GoogleNews/~3/RZjI0nM1CE0/url …

Patent Troll Success With Exclusion Orders Will Be Tested – Today’s General Counsel http://www.todaysgeneralcounsel.com/patent-troll-success-with-exclusion-orders-will-be-tested/ …

As promised, Canadian Gov’t starts process of WIPO Treaty ratification by tabling the WCT and WPPT in the House today; next stop Geneva

Bill C-56 Combating Counterfeit Products Act to get Second Reading in House today

Internet pharmacies selling drugs to Americans illegal: Ontario College of Pharmacists v Global Pharmacy Canada http://wp.me/p3flp9-2II

Marvel Must Defend ‘Ghost Rider’ Copyright, Court Says – Bloomberg http://buff.ly/19ptJJ0

McCarthy Tétrault is Contributor Most Read in Canada on Mondaq in May 2013 http://buff.ly/193XQ69

Cool for (Copy) Kats! http://buff.ly/19ptoWG

Not So Fast: French Minsitry Of Culture Hesitates to Transfer Graduated Response Entirely to CSA http://buff.ly/193XIDH

Feedly starts weaning itself from Google Reader servers – still a pity Google is abandoning its customers. http://buff.ly/10bsB8B

Canadian Treasury Board sets new privacy breach notification policy, but only for itself http://buff.ly/12lCDEj

Companies Complying with NSA’s PRISM May Face E.U. Lawsuits | MIT Technology Review http://buff.ly/13AzL4H

Europe warns US: you must respect the privacy of our citizens | World news | The Guardian http://buff.ly/1714OeN

Voice-Activated In-Car Systems Are Called Risky – http://buff.ly/pFWKdl http://buff.ly/19pqWQ4

Expect more secret surveillance revelations, online privacy expert says http://buff.ly/10brwhb

Uncertainty, Copyright and Courage by Paul Williams http://goo.gl/I4XrM

Digital Citizens take Google to Task over Profits from Illicit Activity http://goo.gl/4A25e

New Judgment: Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorstk Hydropower Plant LLP [2013] UKSC 35

Online Dating Websites Aren’t Required To Warn That Some Members May Be Murderers http://goo.gl/UyISn

Warranty Disclaimer in PC TuneUp’s EULA Fails — Rottner v. AVG http://goo.gl/Au6mO

Stop Insider Tweeting!—Feds Eye Social Media for Securities Shenanigans http://goo.gl/ExgYY

Tech Summit 2013 Recap – Innovation in Outsourcing http://goo.gl/RpyyM

Entitlement Matters http://goo.gl/ch1Zw

Heartache and Sour Grapes on the Internet: A Lesson in Case Management http://goo.gl/P4M3n

Beyond Knowledge and Consciousness – The Development of Liability for Misuse of Trade Secrets in the UK http://goo.gl/wudVt

CIPO releases examination guidelines for medical use inventions http://goo.gl/cpXjW

Knock Knock Prevails over Copyright and Trademark Infringers in the United http://goo.gl/46pMf

US Copyright Office publicly states the need to put digital and terrestrial radio royalty schemes on equal ground http://buff.ly/13Bzwq7

A.C.L.U. Sues to Bar ‘Dragnet’ Collection of Phone Records http://nyti.ms/11UkEyC

Google cuts illegal drug site search ads and videos http://ow.ly/lV02I

Computer and Internet Law Updates for 2013-06-11: Google reportedly close to $1.3B acquisition of map app Waze… http://bit.ly/18sjRi4

Copyright exceptions – beware the law of unintended consequences http://bit.ly/13zu72T

BlackBerry announces secure wireless software system updates for auto industry http://bit.ly/13ztSon

US judge revives lawsuit vs Baidu and China http://bit.ly/13ztdDw

The Prism programme and privacy concerns: questions for UK business outsourcing http://bit.ly/13zt0QJ

New Cybersecurity Guidance Released by the National Institute of Standards and Technology: What You Need to Know http://bit.ly/13zsEcM

Microsoft amicus brief supports Apple, cautions Federal Circuit about breadth of ruling in Apple-Motorola appeal http://bit.ly/13zsxOr

Collateral damage to open source model? CJEU reasoning in Usedsoft v Oracle http://bit.ly/13zsrq5

Monsanto Wins Again in Federal Circuit: Organic Farmers Have No Standing to Challenge Patent http://bit.ly/13zsfqL

A majority of Americans find government’s secret tracking of data ‘acceptable’ http://bit.ly/13zs3b7

Patents reveal crafty surveillance techniques from Verizon, AT&T, IBM, and more http://bit.ly/13zrX3g

MIT Researchers Advance Cloud Security with End-to-End Encyrption http://bit.ly/13zrQo5

Google to be banned in Pakistan if it doesn’t clean up YouTube http://cnet.co/13zrA8Q

Privacy is dead, the NSA leaks just alerted us to the fact http://bit.ly/11DI7sb

Illinois Passes Social Media Legislation To Regulate Flash Mobs http://bit.ly/11DHXkH

Update: Supreme Court of Canada Amends Controversial Aspect of VIAGRA® Judgment http://bit.ly/11DHEGv

Remotely hosted images can’t provide clear and conspicuous disclosure in email under Can SPAM http://bit.ly/11DHA9I

Explicit consent should only be required for sensitive personal data , say EU Ministers – is Canada out of step? http://bit.ly/11DHf6M

Why PRISM kills the cloud http://bit.ly/11DGSJt

CISAC World Creators Summit 2013 http://bit.ly/11DGrPy

Copyright law changes outlined by the UK Government http://bit.ly/11DGbjB

University of Toronto seeks new agreement with Access Copyright http://bit.ly/11DG2MN

No renewal for current Access Copyright deal for Western http://bit.ly/11DFSoR

Chris Dodd: Copyright: Empowering Innovation and Creativity http://huff.to/11DFLcY

The Right of Publicity under US law http://bit.ly/11vzoVP

Liability of data providers and enablers for downloading infringing but undisplayed material http://bit.ly/11DFpmq

Privacy czar to probe Canadian impact of U.S. data program http://bit.ly/19j7gxd

Telus calls off Mobilicity purchase http://bit.ly/11rPAqj

MPAA Still Hunting for Cash as Pirate Bay Financier Set to go Bankrupt http://bit.ly/19j6U9E

The Downside of Disintermediation http://feedproxy.google.com/~r/Copyhype/~3/Mce0ki_E1Uo/ …

Kim Dotcom could be safe from extradition to the US until 2014 http://arstechnica.com/tech-policy/2013/06/kim-dotcom-could-be-safe-from-extradition-by-us-authorities-until-2014/ …

Computer and Internet Law Updates for 2013-06-10: Google in spotlight again for links to criminal websites htt… http://bit.ly/14OSwPN

Who’s Telling The Truth About PRISM? Computer Security Expert Gene Spafford Weighs In http://buff.ly/118ZI8d

Europeans call for answers over U.S. web spying allegations — Tech News and Analysis http://buff.ly/15S6fIr

McCarthy best Canadian law firm for women http://buff.ly/11QDpmx

Mobile giants to profit from data they hold on millions of phone customers http://buff.ly/19gdqhw

U.S. online surveillance whistleblower revealed http://buff.ly/19gcNEH

Google’s NSA Toilet http://buff.ly/15NlzWh

New top-level domain names will create fresh business <b>…</b> http://feedly.com/k/12Ah9F6

spying scandal threatens EU-US trade talks http://feedly.com/k/12AgTpQ

Thinking of making money from the PRISM logo? Think twice http://buff.ly/11sUMuX

OPC Annual Report to Parliament 2012 – Report on the Personal Information Protection and Electronic Documents Act http://buff.ly/18jKLZn

Blogged, Challenges of Cloud Computing – http://tinyurl.com/knfgbya

What’s a “Document”? http://bit.ly/1bnCqQv

Internet Shattered: Spies, Spooks, and Disgust http://bit.ly/1bnBz2s

The laughable innocence of Facebook and Google (and us) http://cnet.co/1bnAqYF

William Hague denies UK internet snooping http://bit.ly/ZExZyK

Liver-like cells made with 3D printer – Business http://bit.ly/1bnxDPf

BC Court finds that former employer is primarily responsible for patient records, not the departing therapist http://buff.ly/13vlzKb

Google reportedly close to $1.3B acquisition of map app Waze http://buff.ly/13vl4jm

Privacy Tradeoffs are Inevitable to Keep Nation Safe, Obama Says http://buff.ly/16UBLJK

Computer and Internet Law Updates for 2013-06-15: What we know about CSEC, Canada’s eavesdropping agency http:… http://bit.ly/13OFHp7

Michael Geist – Why Canadians Should Be Demanding Answers About Secret Surveillance Programs http://www.michaelgeist.ca/content/view/6869/125/ …

Google in spotlight again for links to criminal websites http://voxindie.org/google-links-to-criminal-websites-under-scrutiny …

‘Canadian’ online pharmacy ordered to close operations amid revelations it’s actually based in Belize http://bit.ly/13Kj1GP

CRTC chief calls for ‘audacious’ TV rules http://bit.ly/12sOuAJ

New NYC bill would require 3D printed guns to be registered with police http://ars.to/12sOEIc

TRIPS Intellectual Property Reprieve for Poor Countries http://bit.ly/12sP4OE

Link found to be misleading and deceptive in Kosciuszko Thredbo Pty v ThredboNet Marketing [2013] FCA 563 http://bit.ly/12sQedg

Paramount Wins ‘La Dolce Vita’ Lawsuit http://bit.ly/12sQvwI

News: French President’s Partner Awarded Privacy Damages over “Three in a Relationship” Case http://bit.ly/12sReOo

PRISM: The real concern is that governments may not be breaking any law at all http://bit.ly/12sRtci

Recent Study Finds Cybersecurity Disclosures May Fail To Meet SEC Guidelines http://bit.ly/12sRZqT

New FCC Interpretation Of “Express Consent” To Increase TCPA Class Action Liability http://bit.ly/12sShhr

European Commission looking into competition-chilling effects of Android licensing practices http://bit.ly/12sToh2

U.K. watchdog demands probe into Google tax affairs http://cnet.co/12sTvcw

US Supreme Court rules that isolated human genes are not patentable http://buff.ly/177TXzR

EU Regulators Eye Google Again — This Time It’s Android http://buff.ly/177VDtd

Google, Facebook, Microsoft Talk Surveillancehttp://bit.ly/19uakXd

EU justice chief seeks answers on U.S. data spyinghttp://bit.ly/19630OM

Canada a haven for digital criminals: studyhttp://bit.ly/1963lRA

International Cyber Security at the UN: Between Doom and Hesitant Optimismhttp://huff.to/1963qF6

ITC staff rejects Google’s public interest arguments, recommends import ban against Samsunghttp://bit.ly/1963xR4

Facebook turns on data center at edge of the Arctic Circlehttp://cnet.co/1963K6I

SAP Wins Key Ruling in Long-running Patent Battle with Versatahttp://bit.ly/19642dL

Twitter must disclose authors of anti-Semitic tweets, French appeals court ruleshttp://bit.ly/1755GyU

Steven Spielberg and George Lucas predict ‘massive implosion’ in film industryhttp://bit.ly/1964k4n

Trap for the Unwary – The Ont. Court of Appeal Addresses the Limitation Period for Contractual Indemnitieshttp://bit.ly/1964Wa7

Redefining Free Culturehttp://bit.ly/1965e0M

UK advertising industry takes steps to address concerns about online copyright infringement http://bit.ly/1965j4B

Honda Secures a Dismissal Of A Ferrofluid Artist’s Copyright Claimshttp://bit.ly/1965sF4

Peter Braid (Conservative; June 12th) on Bill C-56http://bit.ly/1965Y5X

Vote #754 (Passed) in House limiting Second Reading debates on Bill C-56 to one more sittinghttp://bit.ly/19666lU

NSA spying – musings about the surveillance statehttp://bit.ly/1966nVX

EU Commission explores copyright questions related to data mininghttp://bit.ly/1966sJg

Chinese national sentenced to 12 years in prison for cyber thefthttp://bit.ly/1966z7D

Did the PTAB Just Kill Software Patentshttp://bit.ly/196769J

Latvian Constitutional Court’s first copyright case affirming constitutional right to protect copyrights http://bit.ly/1967ntd

Car-tracking devices spark privacy concernshttp://buff.ly/1bz1Vyw

Ontario Amendment to the E-Commerce Act Re Land Transfers Is Passedhttp://bit.ly/1967wNk

IBM’s $1bn layoffs latest: Now axe swings in US, Canadahttp://bit.ly/1967DbI

Why I’m not losing sleep over Prismhttp://bit.ly/1967Qf3

Impact of streaming on download sales and why there is no simple answer to the question of cannibalizationhttp://bit.ly/19681H6

Margaret Hodge: Google UK boss was ‘completely unconvincing’ on taxhttp://buff.ly/11hHQbk

Group Wants Antitrust Agencies to Block Google’s Waze Dealhttp://buff.ly/12pcOTW

Computer and Internet Law Updates for 2013-06-13http://wp.me/p3flp9-2Ll

US Supreme Court: Human genes cannot be patented http://www.cnn.com/2013/06/13/politics/scotus-genes/index.html?c=homepage-t …

Bill C-56 finished Second Reading in the House and was referred to the Standing Committee on Industry, Science and Technology…

Myriad: Isolated DNA out, cDNA inhttp://feedproxy.google.com/~r/PatentlyO/~3/jy7pRx6SyNE/myriad-isolated-dna-out-cdna-in.html …

Myriad: Justice Scalia&#39;s Concurrencehttp://feedproxy.google.com/~r/PatentlyO/~3/31ceoMLwmu0/myriad-justice-scalias-concurrence.html …

Huge win for Apple at the patent office: key claims of rubber-banding patent confirmedhttp://www.fosspatents.com/2013/06/huge-win-for-apple-at-patent-office-key.html …

Supreme Court Issues Opinion on Myriadhttp://feedproxy.google.com/~r/PatentBaristas/~3/Wlu_FjvhEDM/ …

Cloud computing: how can companies reduce the <b>security</b> risk? http://www.google.com/url?sa=X&q=http://www.guardian.co.uk/media-network/media-network-blog/2013/jun/13/cloud-computing-companies-security&ct=ga&cad=CAcQARgAIAAoATAAOABA59vnjQVIAlAAWABiBWVuLVVT&cd=p0Sg4hNA_-Q&usg=AFQjCNFBEFZBmyEB6tO-VRWGi3u-V4_PmQ …

Paramount Triumphs In ‘La Dolce Vita’ Copyright Casehttp://feedproxy.google.com/~r/Copyright-GoogleNews/~3/RZjI0nM1CE0/url …

Producers sue to make “Happy Birthday” freehttp://www.google.com/url?sa=X&q=http://www.salon.com/2013/06/13/class_action_lawsuit_aims_to_bring_happy_birthday_to_public_domain/singleton/&ct=ga&cad=CAcQARgBIAAoATAAOABAmJTpjQVIAlAAWABiBWVuLVVT&cd=yyaHALZnZAc&usg=AFQjCNF2xcjYk-RFkLyc2CsmFVNL0yW1Xw …

Feedly starts weaning itself from Google Reader servers – still a pity Google is abandoning its customers. http://buff.ly/10bsB8B

Canadian Treasury Board sets new privacy breach notification policy, but only for itself http://buff.ly/12lCDEj

Companies Complying with NSA’s PRISM May Face E.U. Lawsuits | MIT Technology Review http://buff.ly/13AzL4H

Europe warns US: you must respect the privacy of our citizens | World news | The Guardian http://buff.ly/1714OeN

Voice-Activated In-Car Systems Are Called Risky – http://buff.ly/pFWKdl  http://buff.ly/19pqWQ4

Expect more secret surveillance revelations, online privacy expert says http://buff.ly/10brwhb

Uncertainty, Copyright and Courage by Paul Williams http://goo.gl/I4XrM

Digital Citizens take Google to Task over Profits from Illicit Activity http://goo.gl/4A25e

New Judgment: Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorstk Hydropower Plant LLP [2013] UKSC 35

Online Dating Websites Aren’t Required To Warn That Some Members May Be Murderers http://goo.gl/UyISn

Warranty Disclaimer in PC TuneUp’s EULA Fails — Rottner v. AVG http://goo.gl/Au6mO

Stop Insider Tweeting!—Feds Eye Social Media for Securities Shenanigans http://goo.gl/ExgYY

Tech Summit 2013 Recap – Innovation in Outsourcing http://goo.gl/RpyyM

Entitlement Matters http://goo.gl/ch1Zw

Heartache and Sour Grapes on the Internet: A Lesson in Case Management http://goo.gl/P4M3n

Beyond Knowledge and Consciousness – The Development of Liability for Misuse of Trade Secrets in the UK http://goo.gl/wudVt

CIPO releases examination guidelines for medical use inventions http://goo.gl/cpXjW

Knock Knock Prevails over Copyright and Trademark Infringers in the United  http://goo.gl/46pMf

US Copyright Office publicly states the need to put digital and terrestrial radio royalty schemes on equal ground  http://buff.ly/13Bzwq7

Global Pharmacy Canada (GPC) is the trade name of a business that used the internet to market the retail sale of generic prescription drugs to Americans. It is a Belize company but its website refers to itself as Global Pharmacy Canada and directs customers to its customer service agents located in Toronto. The agent is RX Processing Services Inc. (RXP) which is located in a call centre in Mississauga, Ontario. RXP takes the customer orders and process payments for the drugs. It also ensures that the orders are filled in India and shipped directly to the customers in the U.S. and never enter Canada. Canadians are geo-blocked from purchasing drugs from GPC.

The two key issues before the Court was whether GPC and RXP and the individuals behind them were subject to the jurisdiction of the Ontario College of Pharmacists and whether retail prescription drugs were being sold in Ontario.

The trial judge had concluded that the defendants were selling prescription drugs in Ontario using a traditional commercial law definition of sale, including the locus of the offer and acceptance, to determine whether a sale of prescription drugs to Americans occurred following the analysis in Prescriptions4us c. Ordre des pharmaciens du Quebec, [2004] Q.J. No. 9014 (Q.S.C.), aff’d [2004] J.Q. no. 13142 (QCCA). She also reached the same conclusion using a purposive approach relying on the Supreme Court of Canada decision in Celgene Corp. v. Canada (Attorney General), 2011 SCC 1 (CanLII), 2011 SCC 1, [2011] 1 S.C.R. 3.

The Ontario court of Appeal rested its opinion solely using the purposive approach to interpret the term sale to meet the overriding purpose of the regulatory scheme governing pharmacies, which is to protect the public both in and out of Ontario.

The appellants say that the application judge erred in concluding that they sell, by retail, prescription drugs in Ontario. Their submission runs as follows.

GPC-Belize is in the business of facilitating the purchase, by Americans, of pharmaceutical drugs from India. All significant aspects of its business involve activities outside Ontario. Its sole connection with Ontario is its contractual arrangement with RXP, under which RXP provides ancillary support and administrative services. GPC-Belize has no physical presence in Ontario, has no Ontario personnel, does no advertising or solicitation of Ontario residents, does not import pharmaceutical drugs into Ontario, and sells no drugs to Ontario residents. In short, the appellants say they are not selling pharmaceutical drugs in Ontario.

I reject this submission.

The Supreme Court’s decision in Celgene instructs us that in a regulatory context, words such as “place of sale”, “sold” and “selling” may not necessarily be given their strict commercial law meanings. At para. 21 of Celgene, the Court says that “[t]he words, if clear, will dominate; if not, they yield to an interpretation that best meets the overriding purpose of the statute.”

I agree with the application judge that, given the overriding purpose of the relevant legislation in this case, a purposive approach to determining the meaning of sale is appropriate. The College has a mandate to regulate the sale of prescription drugs in the province, and a duty to serve and protect the public interest – it is the substance, and not the form, which is relevant when determining whether the sale of prescription drugs takes place in Ontario.

The application judge made detailed findings of fact about the sale process following restructuring. On those findings, it is clear that the substance of the sale transaction takes place through RXP, an Ontario corporation that is located and operates in Ontario. As the application judge noted, “[a]ll documentation – including the Patient Order Form, confirmation of the order, the invoice, and the packing slip – are in the name of Global Pharmacy Canada bearing the Mississauga address.” Furthermore, critical aspects of the sale transaction by which the customers get prescription drugs and the appellants get paid for providing them, are conducted by RXP. The customer submits its order form, which RXP processes, or calls RXP with its order. RXP takes the order and processes payment for it. RXP then arranges for the delivery of the drugs directly to the American customer. If there is a problem, customers contact RXP. In short, without RXP staff at the call centre in Mississauga, no prescription drugs would flow from Global Pharmacy Canada (or GPC-Belize) to its customers and GPC-Belize would not get paid.

The trial judge had also found, relying on the seminal case Unifund Assurance Co. v. Insurance Corp. of British Columbia, 2003 SCC 40, that the provincial regulatory scheme applied to the out of province defendants including GPC. Under Unifund, constitutional applicability involves considerations of the scope of provincial legislative authority to prevent the application of the law of a province to matters not sufficiently connected to it. What constitutes a “sufficient” connection depends on the relationship among the enacting jurisdiction, the subject matter of the legislation and the individual or entity sought to be regulated by it. She referred to other leading cases which supported the power to regulate conduct beyond provincial borders of the enacting jurisdiction. See, Gregory & Company Inc. v. The Quebec Securities Commission, [1961] S.C.R. 584 (Quebec Securities Commission can protect the public against fraud); Thorpe v. College of Pharmacists of British Columbia, (1992) 97 D.L.R. (4th) 634 (B.C.C.A.) (interpreting the scope of the provincial Pharmacists Act, R.S.B.C. 1979, c. 326, as applying to control conduct beyond the borders of British Columbia); and R. v. Stucky, 2009 ONCA 151 (the accused had operated a direct mail business from Ontario that sold lottery tickets and merchandise to persons outside of Canada and the court construed the meaning of “to the public” for the purposes of the Competition Act, R.S.C. 1985, c. C-34 as being not limited to the Canadian public if there was a link or connection between the offence and Canada).

The Court of Appeal adopted the same framework and relying on the trial judge’s factual findings affirmed the decision that there was a sufficient connection between the defendants/appellants and Ontario, such that the College had jurisdiction over them. It made clear that Ontario’s laws can apply extra-territorially under a regulatory regime which is designed to protect the public.

Finally, I reject the appellants’ submission that the College is “overreaching” by assuming jurisdiction over them. The College’s duty under s. 3(2) of the Code is “to serve and protect the public interest”. In the circumstances of this case, the territorial limits on the scope of the provincial legislative authority relate to the conduct that the College can regulate. The College’s reach is not defined as, or limited to, the Ontario public…

As I have explained, in this case there is conduct over which the College has power to regulate: the sale of prescription drugs in Ontario. The principle that regulators may act to protect persons who are located outside the regulator’s territorial jurisdiction, when the conduct targeted by the regulator occurs within the jurisdiction, has been repeatedly affirmed, beginning with Gregory, at p. 588. See also Thorpe, at p. 640, and Crowe, at para. 32.

The College is not overreaching – it is fulfilling its legislated duty to serve and protect the public interest in the matters over which it has been given authority, including the sale of prescription drugs in Ontario.

In the domain of pharmaceutical drugs, reputation is based on regulation. If a company trades on Ontario’s reputation for quality and strong regulatory standards, and sites a critical part of the sales process in Ontario, it will be subject to Ontario’s regulation.

The case is an important one in several respects. It confirms that Ontario laws can apply to protecting the public both in Ontario and abroad where there exists a sufficient connection between Ontario and the individual or entity sought to be regulated. It also confirms that the location of foreign web sites is not nearly as important as the substance of what is occurring in Canada when it comes to determining whether Canadian regulatroy requirements have to be met by foreign businesses. Moreover, it is a reminder that Canadian entities that engage in operating call centres or business process outsourcing operations may be found to be selling goods in Canada and subject to regulatory scrutiny here even if they are not technically selling goods in Canada under the traditional commercial law definition of sale.