Evaluating the Industry Canada CASL regulations: how to assess them

January 16th, 2013 by Barry Sookman No comments »

In a previous post,Evaluating the Industry Canada CASL regulations: why they are needed, I suggested thatclose scrutiny needs to be given toIndustry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware/spyware law (CASL) are met. Their adequacy and appropriateness should be measured against these and other generally recognized objectives. In this post I propose to lay out the framework for assessing the regulations.

CRTC guidance on interpreting its CASL regulations and guidelines at the IT-Can/TCLG meeting

January 15th, 2013 by Barry Sookman 3 comments »

Lynne Perrault, and Ryan Caron of the CRTC gave a talk to members of IT-Can and the Toronto Computer Lawyers Group on the CRTC regulations and guidelines related to CASL. Kelly Anne Smith of the CRTC joined by phone. (I summarized these documents in a blog post, CRTC Issues CASL (Canada’s Anti-Spam Law) Guidelines, background and commentary.) The slides presented at the meeting are set out below.

The following are some highlights from the talk and the Q & A that followed. Note, some of the remarks were also made at an earlier talk to ITAC members that I reported on in a previous blog post, CRTC clarifies questions about CASL.

Evaluating the Industry Canada CASL regulations: why they are needed

January 14th, 2013 by Barry Sookman No comments »

Industry Canada has now published its revised draft Electronic Commerce Protection Regulations. These regulations to Canada’s new anti-spam/anti-malware/spyware law (CASL) are open for comment for a period of 30 days from the date of their publication, January 5, 2013. The regulations are helpful and a major improvement over the last draft regulations. They address some key problems with CASL. However, they don’t address all of the problems and only partially address others.

Intellectual Property Law in Canada: Cases and Commentary

January 12th, 2013 by Barry Sookman No comments »

I am pleased to announce the publication of the second edition of my IP casebook Intellectual Property Law in Canada: Cases and Commentary.

Written in collaboration with my partners Steven Mason and Dan Glover, this book  will be of particular interest to private practitioners, in-house lawyers, law students, law professors and librarians. It includes selections from important cases in intellectual property law including very recent cases from the Supreme Court of Canada and other appellant courts to provide the most up to date and instructive set of materials on IP law in Canada. We use it in the IP course we jointly teach at Osgoode Hall Law School in Toronto.

Copyright law 2012: the year in review in Canada and around the world

January 11th, 2013 by Barry Sookman No comments »

Yesterday, I gave a talk at the Law Society of Upper Canada’s 17h Annual Intellectual Property Law: The Year in Review program. My talk canvassed developments in copyright in Canada and around the world in 2012. My slides are shown below. The associated paper prepared in collaboration with Glen Bloom, with the help of others, is available here.

The following copyright cases from Canada, the USA, UK and Ireland, Australia, and  Europe are dealt with in the paper and slides.


Adobe Systems Incorporated v. Dale Thompson DBAAppletree Solutions, 2012 FC 1219

Aga Khan v. Tajdin, 2012 FCA 12

Industry Canada CASL draft regulations now available

January 4th, 2013 by Barry Sookman No comments »

The January 5, 2013 Canada Gazette is now public. It includes the revised draft Industry Canada Canadian Anti-SPAM Law (CASL) Regulations as well as substantial commentary. The proposed regulations are generally in accordance with the summary communicated earlier by Andre Leduc.  They can be found at this link.

Most popular intellectual property and technology law blogs

January 3rd, 2013 by Barry Sookman 18 comments »

One of the best ways to stay on top of IP/Tech legal developments is by subscribing to blogs. In the IP/Tech field, there are many very good ones to choose from. Justia’s BlawgSearch lists and ranks many of them. I subscribe to over 90. Over the holidays, and with the help of McCarthy Tetrault articling student Addison Cameron-Huff, I ranked them by popularity.

There is no perfect tool for conducting this type of evaluation. I relied on RSS subscriber counts using the RSS subscriber base of Google Reader, iGoogle and Google Desktop as a proxy.[i] I also reviewed each site’s Google PaegRank and Alexa rank which were somewhat helpful in confirming or determining popularity.[ii]

Canadian law blog awards announced

December 31st, 2012 by Barry Sookman No comments »

The 7th annual (2012) Canadian Law Blog Award (ClawBies) winners were announced earlier this evening. My blog came in runner up for Best Canadian Law Blog behind Doorey’s Workplace Law Blog. It was tied with last year’s winner, Erik Magraken’s BC Injury Law Blog and former OBA President Lee Akazaki’s new bilingual blog.

Thanks to Steve Matthews, Jordan Furlong, and Simon Fodden for recognizing my blog and to Bob Tarantino and Garry Wise for nominating it for an award.

Congratulations to other winners of a 2012 ClawBie including Karim Renno, Ron Friedmann, Garry Wise, and Bob Tarantino.

Strangest copyright cases of 2012

December 28th, 2012 by Barry Sookman No comments »

If you’re on holidays and looking for some copyright law hilarity, take 15 minutes to read Meads v. Meads, 2012 ABQB 571. This case from Alberta examines the practice of Organized Commercial  Pseudolegal Commercial Argument litigants (“OCPA” litigants). These persons employ a collection of techniques and arguments promoted and sold by ‘gurus’ to disrupt court operations and to attempt to frustrate the legal rights of governments, corporations, and individuals.

Copyright Board refuses CAB request to rescind CSI tariff

December 21st, 2012 by Barry Sookman No comments »

The Copyright Board released a decision earlier today dismissing the application of the Canadian Association of Broadcasters (CAB) for a decision reducing the royalties paid by commercial radio stations to CSI, AVLA/SOPROQ and ArtistI by 90 per cent, from November 7, 2012 until the Board renders a decision on the merits in the commercial radio tariff proceeding.

The CAB contended there is no longer a legal basis for a tariff targeting the reproduction of a sound recording, or a performer’s performance or work that is embodied in a sound recording, by commercial radio stations as a result of the recent Bill C-11 amendments to the Copyright Act and the fair dealing decision of the Supreme Court in SOCAN v. Bell Canada. The CAB also asked the Board to issue a decision rescinding the CSI tariff.