Category: jurisdiction

Developments in computer, Internet and e-commerce law: the year in review (2018-2019)Developments in computer, Internet and e-commerce law: the year in review (2018-2019)



I gave my annual presentation yesterday to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2018 to June 2019. The developments include cases from Canada, the U.S. the U.K., EU, Australia, South Africa, India and other countries.

The developments are organized into the broad topics of:

  • Privacy / Big Data / AI
  • Employee / HR
  • E-commerce / Online Agreements
  • Online Remedies / Governance / Jurisdiction
  • Copyright

The cases and other documents referred to are below.

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.

Google v Equustek at the Supreme CourtGoogle v Equustek at the Supreme Court



The argument in the Google v Equustek Supreme Court case is about to start. An issue in the case is whether a court has a right to grant a de-listing order against a search engine to assist in enforcing a prior injunction granted by the court. The decisions of the courts appealed from are summarized here.

All of the factums  can be retrieved from the Supreme Court website. The webcast can be viewed here.

I did a presentation on the case several months ago highlighting what is in issue in the case.

Copyright law 2014: the year in reviewCopyright law 2014: the year in review



As the creative industries continued to grow economically in importance in 2014, so have the stakes in copyright litigation. Increasingly, the courts have been challenged to resolve complex disputes arising from new uses of works and other subject matter brought about by innovations in technology. While content is often a core and indispensable element of new and innovative services, products or offerings, frequently parties dispute whether the use requires permission and payment to rights holders or can be engaged in without permission or payment.

Homeaway.com Decision Threatens to Re-write Trade-mark Law in Canada (But Is it for the Better?)Homeaway.com Decision Threatens to Re-write Trade-mark Law in Canada (But Is it for the Better?)



In a case that could have major ramifications for trade-marks law in Canada, Justice Hughes of the Federal Court has concluded that, when a trade-mark appears on a computer screen website in Canada, regardless where the information may have originated from or be stored, constitutes for Trade-Marks Act purposes, use and advertising in Canada.

This strong conclusion comes from Homeaway.com, Inc. v. Martin Hrdlicka, 2012 FC 1467, a decision released December 12, 2012. In this case, the Applicant sought to expunge a trade-mark registered in 2010 by the Respondent Hrdlicka.

Developments in Computer, Internet and E-Commerce Law (2011-2012)Developments in Computer, Internet and E-Commerce Law (2011-2012)



Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2011-2012). It covers significant developements since my talk last spring, Developments in Computer, Internet and E-Commerce Law (2010-2011).

The slides include a summary of the following cases:

Kraft Real Estate Investments, LLC v Homeway.com, Inc. 2012 WL 220271 (D.S.Car. Jan 24, 2012)

Swift v. Zynga Game Network, Inc., 805 F.Supp.2d

Keeping The Pirate Bays at Bay: using blocking orders to curtail infringementsKeeping The Pirate Bays at Bay: using blocking orders to curtail infringements



The UK High Court appears likely to order UK ISPs to block the notorious BitTorrent site, The Pirate Bay. In the just released opinion in the Dramatico Entertainment Ltd & Ors v British Sky Broadcasting Ltd & Ors [2012] EWHC 268 (Ch) (20 February 2012) case, Justice Arnold ruled that users of the site as well as its operators infringe copyright. Users who download copies of sound recordings violate the right of reproduction. Users who make sound recordings available for downloading make them available to the public and are liable for communicating the sound recordings to the public.

Do linking sites infringe copyright?Do linking sites infringe copyright?



A UK judged ruled on Friday that the 23 year operator of the TVShack.net linking website could be extradited to the US to face a trial for alleged criminal copyright infringement. In rendering the decision the UK court made some important findings about the scope of UK copyright law. They included the ruling that organizing and providing hyperlinks to infringing content from a linking website can infringe the making available right.

The accused, Richard O’Dwyer, owned and operated the site that offered to the public free downloading and/or streaming of thousands of copyrighted movies and television programs, without authorization from the copyright holders.

Copyright law 2011 –the year in review in Canada and around the worldCopyright law 2011 –the year in review in Canada and around the world



Yesterday, I gave a talk at the Law Society of Upper Canada’s 16th Annual Intellectual Property Law: The Year in Review program. My talk canvassed developments in copyright in 2011.  My slides are shown below. The associated paper prepared in collaboration with Glen Bloom, with the help of others, is available here.

My slides and/or the paper summarize the following copyright cases from Canada, the USA, UK and  Europe:

CANADA

Re: Sound v Motion Picture Theatre Association of Canada 2011 FCA 70

Reference re Broadcasting Act 2011 FCA 64

Crookes v.