Tag: supreme court

Justice Rothstein on the copyright pentologyJustice Rothstein on the copyright pentology

On November 17, Justice Rothstein gave an informative talk about the Supreme Court copyright pentology at an IP Osgoode program. Here is the video of the talk. It features, among other things, a good introduction by Prof. Vaver, some supremely good jokes by Justice Rothstein, a clear summary of what the court decided in each case, and an informative contrast of the reasons of the majority and dissenting reasons in the ESA v SOCAN and Access Copyright cases. Don’t miss listening to Sheila Rothstein’s e-mail to her husband on the video.…

Upcoming IP/IT events you won’t want to missUpcoming IP/IT events you won’t want to miss

It’s the fall. After a long hot summer, you may be ready to attend a conference, roundtable, or panel discussion to learn about important developments or issues in IT/IP law. Here are few I am participating in that you may want to attend.

October 3-4, The 2012 Quorum Club. The Quorum Club brings together senior corporate counsel and senior private law firm practitioners in a setting where they can share ideas, opinions and network in a way that few gatherings in Canada offer.…

ISPs not broadcast undertakings says Supreme CourtISPs not broadcast undertakings says Supreme Court

The Supreme Court delivered its reasons this morning affirming the decison of the Federal Court of Appeal  in the  Broadcasting Reference case. The Court ruled that ISPs do not carry on “broadcasting undertakings” under the Broadcasting Act when, in their role as ISPs, they provide access through the Internet to “broadcasting” requested by end-users.

The reasons for the decison were given as follows:

Section 2 of the Broadcasting Act defines “broadcasting” as “any transmission of programs … by radio waves or other means of telecommunication for reception by the public”. 

Copyright coming to the Supreme Court of CanadaCopyright coming to the Supreme Court of Canada

The copyright bar and the Supreme Court are gearing up for two big days of copyright appeals. The five appeals are being heard back to back on December 6 and 7, 2011.

Earlier today the Court circulated the draft schedule for the arguments. It lists all the parties, the interveners, the lawyers involved, and the order in which the cases are going to be heard. It is going to be a very interesting two days for copyright in Canada.

The Court has published case summaries.…