Author: Barry Sookman

Copyright, AI and IOT: my submission to the consultationCopyright, AI and IOT: my submission to the consultation

September 20, 2021 Barry Sookman 0 Comments

Here is a copy of my submission to the copyright consultation on the implications of AI and IOT on copyright.

Thank you for providing an opportunity to provide input into the Artificial Intelligence (AI) and the Internet of Things (IOT) copyright consultation.

The copyright consultation raises important issues. The government should be cautious before making any amendments to the Copyright Act given the complexity of the issues and the difficulty in assessing how the changes would work in practice.

Background

I am Senior counsel in the Technology Law Group of McCarthy Tetrault LLP.…

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Computer and Internet Weekly Updates for 2021-09-18Computer and Internet Weekly Updates for 2021-09-18

September 19, 2021 Barry Sookman 0 Comments

Computer and Internet Weekly Updates for 2021-09-11 https://t.co/jNFMOtnSvW 2021-09-12
RT @cookeam: @bsookman Para 118 "I consider the agreement to be binding and enforceable. For the reasons stated above, Ms. Woods is entitl… 2021-09-12
USPTO rules an inventor must be a natural person and no t AI https://t.co/YVUQqWB8UX 2021-09-14
Is There a De Minimis Defense for Trivial Use of Concededly Infringing Material? Ninth Circuit Says No. https://t.co/deenErrthk 2021-09-16
European court of human rights rules that there must be effective laws against cyberviolence and failure to prosecu… https://t.co/b1ERWfIr7w

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Computer and Internet Weekly Updates for 2021-09-11Computer and Internet Weekly Updates for 2021-09-11

September 12, 2021 Barry Sookman 0 Comments

Computer and Internet Weekly Updates for 2021-09-04 https://t.co/lk7uPoeh6k 2021-09-05
Friday’s Endnotes – 09/03/21 – Copyhype https://t.co/PuycXwwMpy 2021-09-05
Relying on NDAs in Trade Secret Cases: Can Information be Confidential but not a Trade Secret? https://t.co/eeZjuSWO7b 2021-09-06
UK's Ambition To Create Gold Standards For Ethical AI https://t.co/hsbbBRByDs 2021-09-06
When code becomes abusive content, is it time for moderation? https://t.co/rr1gTeBTD2 2021-09-06
When You Buy an NFT, You Don't Completely Own It – Here's Why https://t.co/irTQcE0WiT 2021-09-06
Amazon to remove more content that violates rules from cloud service https://t.co/mcgfCvFJuX

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Computer and Internet Weekly Updates for 2021-09-04Computer and Internet Weekly Updates for 2021-09-04

September 5, 2021 Barry Sookman 0 Comments

Computer and Internet Weekly Updates for 2021-08-28 https://t.co/ZAwWr92K9y 2021-08-29
Broadcasters Score Big Legal Win Against App Streaming Network TV – The Hollywood Reporter https://t.co/w7le2B4Ih8 2021-08-31
R. v Zead, 2020 BCSC 2145 “privacy is not a freestanding right specifically mentioned in the Charter. That is why…s… https://t.co/jRydCtDDdp 2021-09-02
European Commission airs out new IoT device security draft law – interested parties have a week to weigh in https://t.co/krKNcYEsYd 2021-09-03
Second Circuit: Supreme Court Google Precedent Doesn't Alter Copyright Law's Fair Use Analysis https://t.co/rZFA0pEo02

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Computer and Internet Weekly Updates for 2021-08-28Computer and Internet Weekly Updates for 2021-08-28

August 29, 2021 Barry Sookman 0 Comments

Computer and Internet Weekly Updates for 2021-08-21 https://t.co/ClIUTwYm30 2021-08-22
Website terms not binding on consumer Soliman v. SUBWAY FRANCHISEE ADVERTISING FUND, 999 F. 3d 828 – Court of Appea… https://t.co/J8pD1ilV3r 2021-08-24
The Federal Government Combats Hate Speech And Other Content Published On Social Media https://t.co/nNpOUH4GU0 2021-08-24
Australia and South Africa find Artificial Intelligence “Inventor” compatible with Patent Law https://t.co/snAoRq3e8g 2021-08-24
Injunction issued for infringement of copyright in the TREB system Toronto Regional Real Estate Board v. R E Stats… https://t.co/GsRmjxRZOS 2021-08-25
https://t.co/pjUMsap7Md

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Computer and Internet Weekly Updates for 2021-08-21Computer and Internet Weekly Updates for 2021-08-21

August 22, 2021 Barry Sookman 0 Comments

Computer and Internet Weekly Updates for 2021-08-14 https://t.co/jgf7Fx7hWT 2021-08-15
Canada Is Gathering Public Input on Copyright Implications of AI, Internet of Things – Centre for International Gov… https://t.co/Tv0tlIMK02 2021-08-15
OSFI Advisory tightens technology and cyber security incident reporting requirements https://t.co/Oux0Kuw4m8 2021-08-16
Surprise! Canadians Like to Pirate NHL Games–But Dynamic Site Blocking Orders May Soon Put a Stop to the Free Rides https://t.co/y9GF1r92pZ 2021-08-16
Federal Judge Finds Copyright Issues “Embedded” in Social Media Re-Posts https://t.co/QHWNuNSI20 2021-08-17
Man vs. Machine: Court Examines Bot's Data Scraping as Improper Means of Appropriating Trade Secrets https://t.co/QocgfYbO6O

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OSFI Advisory tightens technology and cyber security incident reporting requirementsOSFI Advisory tightens technology and cyber security incident reporting requirements

August 16, 2021 Barry Sookman 0 Comments

The Office of the Superintendent of Financial Institutions (OSFI) just released updated requirements governing how federally regulated financial institutions (FRFIs) should disclose and report technology and cyber security incidents to OSFI. The Advisory, which affects federally regulated banks, insurance companies, and credit unions, replaces the January 2019 Cyber Security Incident Reporting Advisory, which came into effect in March 2019. With the simultaneous release of OSFI’s updated Cyber Security Self-Assessment, OSFI has considerably tightened its requirements demonstrating an increasing concern with the potential impacts of cybersecurity on the financial system and on individual financial institutions.…

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Computer and Internet Weekly Updates for 2021-08-14Computer and Internet Weekly Updates for 2021-08-14

August 15, 2021 Barry Sookman 0 Comments

Computer and Internet Weekly Updates for 2021-08-07 https://t.co/H3LB7TWPv2 2021-08-08
Singapore’s Copyright Act Revisions: A Step in the Right Direction https://t.co/4zWAsB0ZQY 2021-08-11
Class action for misappropriation of personal information not verified and claim struck Del Giudice v. Thompson, 20… https://t.co/zSDIf0cTSC 2021-08-11
Sellers of preconfigured set top boxes liable for copyright infringement, Bell Canada v. L3D Distributing Inc. https://t.co/ugeq2DO9ph 2021-08-11
Federal Advisory Committee on Open Banking’s Final Report Released https://t.co/KgafHjRBBD 2021-08-12
Announcement: OPC updates guidance regarding sensitive information https://t.co/yIR468jfsP 2021-08-13
OSFI issues updated requirements for technology and cyber incident reporting https://t.co/stdOUUaZVR

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Computer and Internet Weekly Updates for 2021-08-07Computer and Internet Weekly Updates for 2021-08-07

August 8, 2021 Barry Sookman 0 Comments

Computer and Internet Weekly Updates for 2021-07-31 https://t.co/3aaM64ojYC 2021-08-01
Damages and injunction awarded in social media libel case Aslani v Sobierajska [2021] EWHC 2127 (QB) (28 July 2021) https://t.co/jIGe4zsIAb 2021-08-01
Important case on limitation periods Grant Thornton LLP v. New Brunswick, 2021 SCC 31 (CanLII) https://t.co/C7rXrqCSaK 2021-08-01
Supreme court give guidance on interpretation of releases Corner Brook (City) v. Bailey, 2021 SCC 29 (CanLII) https://t.co/SpYTXzdVbW 2021-08-01
Manhattan judge rejects 'server test' for internet copyright infringement | Reuters https://t.co/i9a93QZYIp 2021-08-01
Certified tariffs not mandatory says SCOC in York v Access Copyright https://t.co/Fn7ZqHc6t2

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Certified tariffs not mandatory says SCOC in York v Access Copyright Certified tariffs not mandatory says SCOC in York v Access Copyright

August 3, 2021 Barry Sookman 0 Comments

The Supreme Court released another landmark copyright decision in York University v. Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32. The decision, affirmed the decision of the Court of Appeal that held that certified tariffs are not mandatory on users who refuse to accept them. In addition, the Court further developed its fair dealing framework adopted in CCH v Law Society (CCH), Alberta (Education) and SOCAN v Bell Canada (SOCAN). In obiter dicta, the Court suggested that at the second stage of the fair dealing analysis where the allowable purpose is higher education, the purposes of both students and the educational institution should be taken into account rather than just the perspective of the university as the trial judge and the Court of Appeal had held.…