Canada is market for TPM trafficking and bittorrent indexing sites says USTR report

December 23rd, 2011 by Barry Sookman 4 comments »

The Office of the United States Trade Representative (USTR) issued a Special 301 Out-of-Cycle Review of Notorious Markets. In the review, the USTR identified markets that typify the problem of marketplaces that deal in goods and services that infringe on intellectual property rights and help to sustain global piracy and counterfeiting. Canada was listed in several of these markets.

According to the USTR “The scale and popularity of these markets can cause economic harm to U.S. and other IP right holders.  In addition, products sold at these markets may pose possible health and safety risks to consumers.”

DNS blocking and filtering in the EU

December 14th, 2011 by Barry Sookman No comments »

Crowell & Moring LLP, a law firm with offices in the US, Brussels and the UK released a white paper that describes the legal mechanisms available to copyright holders in the EU to prevent ISP systems from being used for online file sharing. Published by the US based Copyright Alliance, the paper provides a summary of  European laws which have been used to grant injunctive relief to prevent online file sharing including injunctions requiring ISPs to implement DNS blocking. The paper also summarizes the recent ECJ Scarlet case which dealt with the power of EU courts to grant orders requiring ISPs to filter peer to peer traffic over their networks.

Webcasts of the Supreme Court copyright cases now available

December 9th, 2011 by Barry Sookman No comments »

The webcasts of the five Supreme Court of Canada copyright appeals are now available. The ESA/Bell v SOCAN “communicate to the public” and the SOCAN v Bell fair dealing cases can be viewed here. (They are streams and not downloads and so are communications.) The K-12 Access Copyright and Re:Sound appeals can be viewed here.

UK: “not practical” to adopt US fair use

December 9th, 2011 by Barry Sookman No comments »

The UK will not adopt US fair use. This was revealed in statements made by Baroness Wilcox, the UK Parliamentary Under-Secretary for Business, Innovation and Skills and John Alty, Chief Executive and Comptroller General, Intellectual Property Office, in testimony before the UK Business, Innovation and Skills Committee on November 15, 2011.

Here is a extract from the testimony.

Q219 Chair : At the time, there were assertions that companies such as Google would not start up in this country because of the UK copyright law. Do you still hold that theory now and will Government policy reflect that or accommodate Google?

Copyright coming to the Supreme Court of Canada

November 25th, 2011 by Barry Sookman No comments »

The copyright bar and the Supreme Court are gearing up for two big days of copyright appeals. The five appeals are being heard back to back on December 6 and 7, 2011.

Earlier today the Court circulated the draft schedule for the arguments. It lists all the parties, the interveners, the lawyers involved, and the order in which the cases are going to be heard. It is going to be a very interesting two days for copyright in Canada.

Jurisdiction in the Internet Age

November 5th, 2011 by Barry Sookman No comments »

Below are slides used by my colleague Dan Glover in a presentation on Friday at the Canadian Council on International Law’s (CCIL) Annual Conference. His talk was on jurisdiction in the internet age.

ITCan Annual IP Update

October 28th, 2011 by Barry Sookman No comments »

I had the pleasure of attending ITCan’s 15th Annual Conference yesterday. I moderated the Annual IP Update. I also gave the upate on copyright, pitch hitting for Casey Chisick who had to go to court. My slides are below

View more presentations from bsookman

Legislative Committee for C-11

October 28th, 2011 by Barry Sookman No comments »

The Legislative Committee for C-11 will be:

Charlie Angus
Scott Armstrong
Tyrone Benskin
Peter Braid
Paul Calandra
Andrew Cash
Dean Del Mastro
Mike Lake
Phil McColeman
Rob Moore
Pierre Nantel
Geoff Regan

For more information about the Copyright Modernization Act or Bill C-11 or copyright reform, see Change and the Copyright Modernization Act.

Supreme Court denies leave in satellite radio copyright case

October 21st, 2011 by Barry Sookman No comments »

Yesterday the Supreme Court denied CSI’s motion for leave to appeal in the CSI v Canadian Satellite Radio Inc. case. The result leaves standing the decision of the Federal Court of Appeal in Sirius Canada Inc. v. CMRRA/SODRAC Inc., 2010 FCA 348. This decision dismissed two judicial review applications from the Copyright Board’s decision released in April, 2009.

The decision of the Federal Court of Appeal contained several important copyright rulings. In particular the Court ruled that:

Hyperlinking and ISP liability clarified by Supreme Court in Crookes case

October 20th, 2011 by Barry Sookman No comments »

The Supreme Court released its reasons in Crookes v. Newton 2011 SCC 47 yesterday. The legal issue in the appeal was whether hyperlinks that connect to allegedly defamatory material can be said to “publish” that material. The majority of the Court concluded that a hyperlink, by itself, should never be seen as “publication” of the content to which it refers. Although the case dealt mainly with that issue the Court gave expansive reasons which will have significant impacts on future cases involving Internet defamation, freedom of expression on the Internet, and the liability of ISPs for dissemination of defamatory or infringing content.