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Copyright, Intellectual Property, Computer, Internet, e-Commerce Law
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    Michael Geist’s recent blog post “The PlayBook Tax: Why the Conservative’s Copyright Plans Create a Hidden Cost for RIM’s PlayBook” makes the claim that “the Conservative plan for copyright reform (as found in Bill C-32) establishes a significant barrier that could force many consumers to pay hundreds in additional costs in order to switch their […]

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    Last Thursday the Government of Canada introduced into the House of Commons Bill C-11, an Act to Amend the Copyright Act. In a press release describing the Bill, Heritage Minister James Moore and Industry Minister Christian Paradis, stated that the Bill will ensure that Canada’s copyright laws “are modern, flexible, and in line with current […]

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    This blog post is a longer version of the article entitled This Bill is no SOPA published in the Financial Post  today. While recent attempts by the usual suspects making hysterical predictions about copyright reform in Canada have been ratcheted up yet again, this time the claims are so outrageous that they can perhaps best […]

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    With Bill C-11, the Copyright Modernization Act, on its way to clause by clause review Canadians have a chance to think about what values they want copyright to reflect. Canadians are being bombarded with a dizzying array of information about amendments that have been proposed including amendments related to enablement, statutory damages, TPMs and fair […]

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    The following are my opening remarks to the Senate Committee studying Bill C-11 earlier today. The link to the webcast can be found here. I would like to thank the committee for inviting me to appear today to provide input on Bill C-11. Before starting my remarks, I would like to give you some background […]

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    In 2006, the highly regarded economics professor Prof. Liebowitz, Director of the Center for Economic Analysis of Property Rights and Innovation at University of Texas, surveyed the entire field of econometric studies on file sharing. On the basis of his comprehensive review (which displayed a remarkable consensus on the issue), he concluded that “file-sharing has […]

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    Michael Geist in a series of recent blog posts claims that the decisions of the Supreme Court in the SOCAN v. Bell Canada, 2012 SCC 36 (SOCAN v Bell) and Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37 (Access Copyright) cases eviscerated Access Copyright’s business model.[1] He asserts that the cases […]

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    My mother warned me to be suspicious when people give gratuitous compliments. So, I read with some suspicion the recent blog post by Ariel Katz, who responded to my post Did the Supreme Court eviscerate Access Copyright’s business model? A reply to Michael Geist, generously calling me a “well experienced lawyer” and a “smart well-trained lawyer”.[[1]] […]

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    Bill C-11, the Copyright Modernization Act, with a few exceptions, is now law with the publication of the Governor General Order in Council. The fourth attempt to amend the Copyright Act since 2005 succeeded where Bills C-60 (2005), C-61 (2008), and C-32 (2010) did not. A lot has changed since 2005 when Bill C-60 was first introduced. […]

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    Last week Michael Geist published a blog post summarizing his remarks to Industry Minister Moore as to why the almost universal criticisms of Canada’s anti-spam/malware law CASL are unfounded. He suggested it is intense lobbying by “squeaky wheels” with “knee jerk” “greatly exaggerated” and “Festivus” grievances about CASL” that has delayed bringing the law into […]

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    The Trans-Pacific Partnership (TPP) is a comprehensive and complex agreement. It presents major economic opportunities for Canada. It deserves, as Lawrence Herman, the former head of the Economic and Treaty Law Section of Canada’s External Affairs Department, pointed out, “careful, reasoned and balanced assessment”. Some individuals have stepped forward to do that with respect to the […]

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    I recently had the privilege of speaking about the Trans-Pacific Partnership (TPP) at the Fordham 24th Annual Intellectual Property Law and Policy Conference, a stellar international IP conference. The other speakers on my panel were Probir Mehta (lead U.S. negotiator of the IP portion of the TPP), Pedro Velasco Martins (lead EU negotiator of the […]

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    Here is an Op-ed of mine that ran earlier today in the Hill Times. The post below includes endnotes not in that article. In his Hill Times Op-ed (Canadian copyright reform requires a fix on the fair dealing gap, Dec. 5, 2016) Michael Geist takes issue with the need to address the “value gap” that […]

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    There was a time you could count on The Globe and Mail to support the Canadian cultural industries and to favour legal frameworks designed to strengthen them. You could also count on the Globe not to be soft on content theft by commercial pirates that harm Canadian businesses and impede their ability to innovate. Recently, […]

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    Here is my full unedited op-ed published in today’s Globe and Mail. The cultural industries in Canada are facing major challenges. A significant contributing cause is our outdated legal frameworks. They did not contemplate, and have not been updated to address, the new means of stealing content or uses of content by Internet platforms and others without […]

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    The Hill Times published my op-ed on the FairPlay Canada website blocking proposal,  Why the CRTC should endorse FairPlay’s piracy site-blocking plan. The full unedited version, complete with endnote references is below. Last week Fairplay Canada filed an application with the Canadian Radio-television and Telecommunications Commission (CRTC), asking for a new tool to help Canadian creators […]

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    A court in the Northern District of California in Google LLC v. Equustek Solutions Inc.[1] issued a preliminary injunction on November 2, 2017 enjoining Equustek from enforcing the global de-indexing order it obtained against Google in a British Columbia court. Later that year, as Equustek did not defend the proceeding, the court issued a one page […]

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    The FairPlay coalition comprising more than 25 organizations representing hundreds of thousands of members of Canada’s creative community made a reasonable proposal to the Canadian Radio-television and Telecommunications Commission (CRTC), Canada’s telecommunications and broadcast regulator, to address the scourge of online copyright infringement.[1]  The proposal, which involves website blocking, was immediately attacked by anti-copyright activist […]

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    The Internet and other digital technologies are transforming the everyday lives of all Canadians. The pace of change requires our legislative frameworks to be continually reviewed and adapted to these changing needs. The current government is tackling these challenges on numerous fronts including most recently in respect of copyright, anti-spam law (CASL), and privacy. Copyright […]