Barry Sookman

Digital Charter Implementation Act and CPPA

CPPA: problems and criticisms – appropriate purposesCPPA: problems and criticisms – appropriate purposes

October 31, 2022 Barry Sookman 0 Comments

Canada is planning to revamp its comprehensive privacy law by repealing the existing comprehensive privacy law, PIPEDA, and by enacting Bill C-27, the Digital Charter Implementation Act (“DCIA”) to enact the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA). Bill C-27 replaced Bill C-11 (the former drafts of the CPPA and PIDTA). While the DCIA attempts to rectify some of the criticisms with Bill C-11, many of the problems remain and problems have emerged in the new Bill.…

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The Digital Charter Implementation Act: problems and criticisms – the preambleThe Digital Charter Implementation Act: problems and criticisms – the preamble

October 11, 2022 Barry Sookman 0 Comments

Canada is planning to revamp its comprehensive privacy law by repealing the existing privacy law, PIPEDA, and by enacting Bill C-27, the Digital Charter Implementation Act (“DCIA”). This law would enact three separate but interrelated laws, the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA). Bill C-27 replaced Bill C-11 (the former drafts of the CPPA and PIDTA). While the DCIA attempts to rectify some of the criticisms with Bill C-11, many of the problems remain and problems have emerged in the new Bill.…

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Google’s defamation liability: Google LLC v DefterosGoogle’s defamation liability: Google LLC v Defteros

August 29, 2022 Barry Sookman 0 Comments

Is a search engine a publisher for defamation purposes when an organic search result returns a hyperlink to materials that are defamatory? According to a divided High Court of Australia in Google LLC v Defteros [2022] HCA 27, it is not. However, search engines may still be liable for defamation if search results encourage or entice users to click on links or if contextually the results amount to adoption or endorsement of the specific content linked to.

The Google case illustrates the struggle courts have in applying common law defamation principles to modern forms of making content available.…

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Barry Sookman Supreme Court appellant lawyer

Supreme Court of Canada confirms all acts of making available are covered by Copyright Act: SOCAN v ESASupreme Court of Canada confirms all acts of making available are covered by Copyright Act: SOCAN v ESA

July 18, 2022 Barry Sookman, Dan Glover, Connor Bildfell 0 Comments

In a decision just released in Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30, the Supreme Court of Canada confirmed that Canada fully implemented its WIPO copyright Internet Treaty “making available” obligations through a combination of the communication to the public, reproduction, and authorization rights. In doing so, the Court held that any unauthorized act of making a work available online, and any subsequent unauthorized streaming or downloading of the work, are infringing.…

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Dynamic blocking orders available in Canada: Rogers MediaDynamic blocking orders available in Canada: Rogers Media

June 6, 2022 Barry Sookman 0 Comments

Orders requiring ISPs to block websites that make available copyright infringing materials are commonly made in many countries around the world. The courts’ equitable jurisdiction to make such orders in Canada was recently approved by the Federal Court of Appeal in the Teksavvy Solutions Inc. v. Bell Media Inc. 2021 FCA 100 (GoldTV), (leave to appeal to the Supreme Court dismissed). In the recent ruling, Rogers Media Inc et al v John Doe 1 et al 2022 FC 775, the Federal Court issued a dynamic blocking order to require Canada’s leading ISPs to block access to streaming servers that provide unauthorized streams of NHL games in real time.…

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Copyright Year in Review 2021-2022Copyright Year in Review 2021-2022

May 26, 2022 Barry Sookman 0 Comments

I had the pleasure earlier today to provide a talk to ALAI on “Copyright The Year in Review 2021-2022. I prepared an annotation of the cases covered which included the following cases:

Pyrrha Design Inc. v. Plum and Posey Inc., 2022 FCA 7

Trimble Solutions Corporation v. Quantum Dynamics Inc., 2021 FC 6

Patterned Concrete Mississauga Inc. v. Bomanite Toronto Ltd., 2021 FC 314

Arc En Ciel RH c. Services Swissnova inc., 2021 QCCS 1187, motion to dismiss appeal denied, Arc En Ciel RH c.…

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OSFI consults on third-party risks in updated B-10 GuidelineOSFI consults on third-party risks in updated B-10 Guideline

April 28, 2022 Barry Sookman 0 Comments

Yesterday, the Office of the Superintendent of Financial Institutions (OSFI) began a consultation on an updated Draft Guideline B-10 – Third-Party Risk Management. The draft guideline sets out enhanced third-party risk management expectations for federally regulated financial institutions such as banks, insurance companies, and some credit unions (FRFIs).

OSFI has provided guidance on outsourcing to FRFIs since 2001 in its B10- Outsourcing Guideline. That Guideline has evolved with revisions in 2003 and again in 2009. The guidance has shaped FRFI’s risk management processes and contractual terms with outsourcers since its inception.…

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Copyright amendments in budget 2022Copyright amendments in budget 2022

April 8, 2022 Barry Sookman 0 Comments

The budget revealed several initiates to amend the Copyright Act. Specifically, the budget reveals the government’s intention to amend the Copyright Act to implement Canada’s term extension obligations under the CUSMA and to ensure fair remuneration for copying in the educational sector.

Here is what the government has planned.

In Budget 2022, the government proposes to introduce amendments to the Copyright Act to extend the general term of copyright protection from 50 to 70 years after the life of the author as agreed under the Canada-United States-Mexico Agreement.

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Trade secrets and innovation: Lifting the Veil on Trade Secrets for Canada’s superclustersTrade secrets and innovation: Lifting the Veil on Trade Secrets for Canada’s superclusters

February 25, 2022 Barry Sookman 0 Comments

I had the pleasure of speaking yesterday to the ecosystem of innovators and their innovation partners affiliated with Canada’s Ocean Supercluster, Protein Industries Supercluster, and Digital Technologies Supercluster. My topic was “Lifting the Veil on Trade Secrets”.

Innovation is tremendously important for Canadians. Our economy – and ultimately the prosperity and well-being of Canadians – depends on Canadian businesses’ ability to innovate and compete internationally.

If you are thinking about 21^st century developments in Big data analysis, Quantum computing, AI and machine learning, Future networks and 5G, Distributed systems and blockchain, Geonomics, Virtual, mixed and augmented reality, Robotics and Cybersecurity – take a look at the projects of the Digital Technologies Supercluster.…

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Health and longevity: help to keep your new years resolutionsHealth and longevity: help to keep your new years resolutions

January 4, 2022 Barry Sookman 0 Comments

It is a new year. Many of you may have made resolutions to become healthier. But, knowing how to promote health and longevity is no easy task. People often ask me how I stay young and sharp with all the energy it takes to practice in a challenging technology, intellectual property and privacy law practice at one of Canada’s leading (if not the leading) law firm, McCarthy Tetrault. In short, I have developed strategies for promoting longevity (aka a longer lifespan) and promoting good health while aging (aka health span).…

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