Category: contracts

Developments in computer, Internet and e-commerce law: the year in review (2017-2018)Developments in computer, Internet and e-commerce law: the year in review (2017-2018)



I gave my annual presentation today to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2017 to June 2018. The developments include cases from Canada, the U.S. the U.K., Singapore, Australia, and other countries.

The developments are organized into the broad topics of:

  • Jurisdiction/Online Remedies/Conflicts of Laws
  • Hyperlinks/Search Results/Computer Generated Content
  • e-Commerce & Online Agreements
  • Technology Contracting
  • Privacy
  • Copyright
  • CASL.

The cases referred to are listed below.

The year in review: developments in computer, internet and e-commerce law (2016-2017)The year in review: developments in computer, internet and e-commerce law (2016-2017)



I gave my annual presentation today to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covered the period from June 2016 to June 2017. The developments included cases from Canada, the U.S. the U.K., and other EU and Commonwealth countries.

The developments were organized into the broad topics of: Online Liability/Intermediary Remedies, Copyright, Trade-marks/Domain Names, Technology Contracting, e-Commerce & Online Agreements, and Canada’s (despised) anti-spam/malware law, CASL

The cases referred to are listed below.

The year in review: developments in computer, internet and e-commerce law (2015-2016)The year in review: developments in computer, internet and e-commerce law (2015-2016)



I gave my annual presentation today to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covered the period from June 2015 to June 2016. The developments included cases from Canada, the U.S. the U.K., and other Commonwealth countries.

The developments were organized into the broad topics of: Technology Contracting, Online Agreements, Privacy, Online/Intermediary Liability/Responsibility, Copyright, and Trade-marks and Domain names.

The cases referred to are listed below. My slides can be viewed after the case listing.

The year in review: developments in computer, internet and e-commerce law (2014-2015)The year in review: developments in computer, internet and e-commerce law (2014-2015)



I gave my annual presentation today to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covered the period from June 2014 to June 2015. The developments included cases from Canada, the U.S. the U.K. and other Commonwealth countries.

The developments were organized into the broad topics of: Online Agreements, Licensing/Technology Contracting, Privacy, Online Liability, Cyber-security and Copyright.

The cases referred to are listed below. My slides can be viewed after the case listing.

Good faith and honesty contractual obligations says Supreme Court: Bhasin v. HrynewGood faith and honesty contractual obligations says Supreme Court: Bhasin v. Hrynew



The Supreme Court released a landmark decision earlier this week in the case Bhasin v. Hrynew, 2014 SCC 71. The case is a very important one for all lawyers involved in negotiating, advising on, and enforcing contracts. This includes IT lawyers who are regularly engaged in complex tech transactions.

The decision establishes two new common principles that will apply to all contracts. First, there is a new “general organizing principle of good faith contractual performance”. Second, as a manifestation of this principle, there is a further common law duty of parties to a contract “to act honestly in the performance of contractual obligations”.

Online vendors owe purchasers a duty of care says an Ontario court: Hazjizadeh v CanadaOnline vendors owe purchasers a duty of care says an Ontario court: Hazjizadeh v Canada



Online vendors will be interested in a recent decision of an Ontario court in Hazjizadeh v Canada (Attorney General), 2014 CanLII 48552 (ON SCSM). In the ruling the court held that online advertisers owe a duty of care to prospective purchasers to ensure that their representations are true and not misleading. If they breach this duty, they may be held liable in negligence for online statements which induce purchasers to engage in transactions.

Statements that appear on commercial websites can be characterized for legal purposes in different ways.

Excluding damages for wrongful contract terminations: AB v CDExcluding damages for wrongful contract terminations: AB v CD



A recent UK case addressed an important contract issue for IT lawyers. Will a limit of liability clause that prevents recovery of damages for a wrongful termination of an agreement be a ground for granting an injunction to prevent the irreparable harm associated with the breach for which full damages cannot be recovered? Alternatively, will the liability exclusion be accepted as the bargain reached by the parties for such breaches and not be a basis for a finding of irreparable harm? 

Developments in Computer, Internet and E-Commerce Law (2012-2013)Developments in Computer, Internet and E-Commerce Law (2012-2013)



Earlier today, I gave my annual presentation to the Toronto Computer Lawyers’ Group on developments in Computer, Internet, and e-commerce Law. The slides cover the period from my last presentation in June 2012, Developments in Computer, Internet and E-Commerce Law (2011-2012).

The cases summarized in the slides below canvass developments in a number of countries and include cases from Canada, United States, UK, Ireland, Australia, and Israel.

CANADA

1004964 Ontario Inc. v. Aviya Technologies Inc., 2013 ONSC 51

A.B

Problems with copyright assignments: Righthaven, Tremblay and POPSProblems with copyright assignments: Righthaven, Tremblay and POPS



Copyright assignments. There are a myriad of ways for them to be challenged or be ineffective. Three recent cases illustrate their potential frailties; one from the US and two from Canada.

Yesterday’s decision of the Ninth Circuit Court of Appeals in Righthaven LLC v Hoehn 2013 WL 1908876 (9th.Cir.May 9, 2013) spells the end of the copyright troll Righthaven. It gained substantial notoriety by commencing lawsuits alleging copyright infringement in articles published in the Las Vegas Review-Journal reproduced online by websites without permission.

Strangest copyright cases of 2012Strangest copyright cases of 2012



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.

One of the techniques involves a scheme pursuant to which the litigant purports to claim copyright and trade-mark rights in his or her name and a unilateral notice that foists obligations on anyone that uses the name (including to communicate with the person).