Category: ISP Liability

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.… ...

Google v Equustek: worldwide de-indexing order against Google upheld by Supreme CourtGoogle v Equustek: worldwide de-indexing order against Google upheld by Supreme Court



The Supreme Court of Canada released a landmark decision today ruling that Canadian common law courts have the jurisdiction to make global de-indexing orders against search engines like Google. In so, ordering, the Court in Google Inc. v. Equustek Solutions Inc.,… ...

Norwich orders: who pays under the notice and notice regime? Voltage v DoeNorwich orders: who pays under the notice and notice regime? Voltage v Doe



ISP are often ordered to disclose subscriber information to copyright holders seeking to vindicate their rights. Prior to the Copyright Modernization Act, ISPs were entitled to be paid reasonable compensation for compiling and disclosing the information. In an important ruling yesterday in Voltage Pictures, LLC v Joe Doe #1 2017 ...

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.… ...

Making social networks remediate defamation enabled by their platforms: McKeogh v FacebookMaking social networks remediate defamation enabled by their platforms: McKeogh v Facebook



A recent Irish case illustrates the difficulties an innocent person who is defamed on social media can face in trying to get the material removed, particularly where the Internet intermediaries who may have the ability to help refuse to cooperate. In McKeogh v Facebook Ireland Limited et al, Record No.… ...

Google liability for defamation on Blogger.com: Tamiz v GoogleGoogle liability for defamation on Blogger.com: Tamiz v Google



Last week the UK Court of Appeal in Tamiz v Google Inc [2013] EWCA Civ 68 (14 February 2013) ruled that Google, as the host of the Blogger.com site, had potential liability for defamation by failing to take down or disable access to defamatory content once it receives notice that ...

Understanding Flava Works v myVidster: does inline linking infringe copyright?Understanding Flava Works v myVidster: does inline linking infringe copyright?



Last week, the U.S. Seventh Circuit Court of Appeals released its opinion in the  Flava Works, Inc, v Gunter dba myVidster 2012 WL 3124826 (7th.Cir. Aug 2, 2012) case. The central issue was whether Flava Works, the owner of copyrights in videos, was entitled to a preliminary injunction against the ...

The Supreme Court rules on copyright in a pentology of casesThe Supreme Court rules on copyright in a pentology of cases



Earlier today, the Supreme Court released reasons in the five copyright appeals heard back to back on December 6 and 7, 2011 in the following cases:[i] Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34 (ESA v SOCAN) Rogers Communications Inc.… ...