Author: Barry Sookman

Computer & Internet Law Updates for 2009-12-17Computer & Internet Law Updates for 2009-12-17



  • SODRAC and IEGOR-Hotel des Encans Enter Into a Copyright Agreement, http://ow.ly/MFgH #
  • EC drops Microsoft browser probe, http://ow.ly/MFo2 #
  • Record-store owner pleads guilty to Copyright Act charge over bootleg CDs, http://ow.ly/MFke #
  • Claim for declaration of ownership in commissioned software dismissed by UK court, Infection Control v Virrage Industries, [2009] EWHC 2602 #
  • Chinese Author Sues Google Over Book Scanning – PC World, http://ow.ly/MFc4 #
  • IT experts call for crackdown on copyright piracy http://ow.ly/MFeQ #
  • NLA got aggregator to remove newspaper links http://ow.ly/MFlJ

UK Court finds online gaming system non-patentable subject matterUK Court finds online gaming system non-patentable subject matter



As Canada is still pondering the patentability of computer subject matter in the Amazon “one-click” patent case, UK courts continue to examin patents for computer related subject matter. The latest case is Cranway Ltd v Playtech Ltd & Ors [2009] EWHC 1588 (Pat) (07 July 2009). The patent involved an on-line gambling invention. The court found the invetion to be obvious. it also found the patent excluded subject matter under

The court summarized the law in its reasons as follows:

“(2) The following in particular shall not be regarded as inventions within the meaning of paragraph 1:

(c) schemes, rules or methods for performing mental acts, playing games or doing business, and programs for computers;

(3) The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.”…

Computer & Internet Law Updates for 2009-12-16Computer & Internet Law Updates for 2009-12-16



  • Alain Strowel's article on graduated response in the WIPO Journal is a must read, http://ow.ly/Mjgv #
  • Patent pooling deal to reduce costs of AIDS drugs http://ow.ly/MiYW #
  • RT @bensheffner: Biden at White House anti-piracy summit: "They're stealing it. It offends me." http://bit.ly/75tnh5 (via @wsj) #
  • Who owns digital rights in books?, http://ow.ly/Mu03 #
  • Record label attempts to make Google and Microsoft liable for linked-to infringements, http://ow.ly/Muqn #
  • Making Legal Easier and Illegal Harder, http://ow.ly/MugY #
  • An Act to amend the (Canada) Criminal Code (identity theft and related misconduct) to come into force on January 8, 2010, P.C.

Canada’s embarrassing place in the BitTorrent rankings, Torrentz.com and IsoHunt world leadersCanada’s embarrassing place in the BitTorrent rankings, Torrentz.com and IsoHunt world leaders



TorrentFreak just published its Top 25 Most Popular Torrent Sites of 2009. The list is based on traffic rank reports from Compete, Alexa and SiteReport’s World Rank.

Out of the top 25, 7 of them are located or have connections to Canada. Of the top 10, 4 are located or have connections to Canada. This means that Canada, alone, is home to more than 25% of the world’s public English language unauthorized BitTorrent sites and 40% of the leading ones are in Canada.  …

Computer & Internet Law Updates for 2009-12-15Computer & Internet Law Updates for 2009-12-15



  • Web “a breeding ground for disinformation” and the Internet “a danger for democracy”? “Caught in Web of faux pas”, National Post 12/14/09 #
  • EU ratifies WIPO Treaties to bring “protection up to speed with modern technologies” and to protect creative industries. http://ow.ly/LWML #
  • Google’s books: a Special Relationship with copyright, http://ow.ly/LZmJ #
  • US Supreme Court to hear text-message privacy case http://ow.ly/M1d8 #
  • EU ratification of WIPO treaties “will positively influence the development of creativity within the digital environment”. http://ow.ly/M1FD #
  • RT @copycense: Bridgeport: 6th Circuit affirms no fair use or de minimis for sampling  http://bit.ly/1KgrvW

Non-commercial P2P file sharing is not fair use says court in Sony BMG v Tenenbaum caseNon-commercial P2P file sharing is not fair use says court in Sony BMG v Tenenbaum case



A U.S. district court has now issued a wide area injunction in the Sony BMG  Music Entertainment v Tenenbaumcase, 2009 WL 4723397 (D.Mass.Dec 7. 2009). The order is as follow:

“…defendant shall be, and hereby is, enjoined from directly or indirectly infringing plaintiffs’ rights under federal or state law in any sound recording, whether now in existence or later created, that is owned or controlled by plaintiffs (or any parent, subsidiary, or affiliate record label of plaintiffs) (“Plaintiffs’ Recordings”), including without limitation by using the Internet or any online media distribution system to reproduce or distribute any of Plaintiffs’ Recordings, except pursuant to a lawful license or with the express authority of plaintiffs.…

Computer & Internet Law Updates for 2009-12-14Computer & Internet Law Updates for 2009-12-14



  • China’s broadcasting watchdog urges BT web sites to solve copyright problems – Xinhua http://ow.ly/LlSX #
  • Apple Says Audiobooks Must Have DRM http://ow.ly/LlTI #
  • US court finds claim for conversion of software preempted by Copyright Act, Harris v. Lexjet Corp., 2009 WL 4683699 #
  • UK court dismisses patent suit for home gaming system finding it obvious and not patentable, Cranway Ltd v Playtech Ltd http://ow.ly/LzHW #
  • US court finds sale of counterfeit goods on eBay violate counterfeiting and infringement laws, Tommy Bahama v.

UK launches consultations on copyright exceptionsUK launches consultations on copyright exceptions



The UK continues to move forward to modernize its copyright legislation. Fresh from tabling its Digital Economy Bill to address online file sharing, the government now plans to tackle the need for expanded copyright exceptions. It has done so with specific proposals for reform in its consultation document, Taking forward the Gowers Review of IP: Second stage consultation on Copyright Exceptions.

The UK consultation proposal is very relevant for Canadians given the consultation and reform process we are engaged in.…

Michael Geist inflates pending lists claim to vilify record labelsMichael Geist inflates pending lists claim to vilify record labels



Prof. Michael Geist is no lover of the recording industry. In fact, he uses every opportunity he gets to slag and demonize it. Like a professional propaganda expert, his attacks use exaggeration, misleading information and half truths to achieve his obvious ends.

Prof. Geist went on a cross country blitz yesterday with his blog, “Canadian Recording Industry Faces $60 Billion Copyright Infringement Lawsuit” and Toronto Star article “Record industry faces liability over `infringement” over the Chet Baker suit, as if something new has happened with the case.…

Supreme Court convicts Alberta man for Internet child luringSupreme Court convicts Alberta man for Internet child luring



“The Internet is an open door to knowledge, entertainment, communication — and exploitation.” This is the opening sentence in the Supreme Court’s opinion finding a 32 year old Alberta man guilty of child luring in R. v. Legare 2009 SCC 56

The Alberta man, who had claimed online to be 17, engaged inprivate online “chats” with the complainant, a 12‑year‑old Ontario girl. Both private chats were sexual in nature, and the second included words uttered indicating a desire to engage in explicit sexual activity.…