Home » 2009 (Page 31)

In re Bilski North of the Border

On March 13, IP Osgoode held a panel discussion entitled Business Method Patents: Bilski and Beyond. While the tagline of the event indicated it was to ‘Explore the effect in Canada of recent US business method patent jurisprudence,’ attendees got treated to a lot more. Speaking from a wide array of perspectives, the panelists provided […]

Towards a normative basis for user rights in copyright

Katherine Booth is a first year law student at Osgoode Hall and is taking the Legal Values: Challenges in Intellectual Property course.  Following the Supreme Court’s affirmation in CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339 [CCH], that fair dealing under s. 29 of the Canadian Copyright Act is a […]

Song Samplers Beware: Your future is far from certain.

  Amanda Cohen is a first year law student at Osgoode Hall and is taking the Legal Values: Challenges in Intellectual Property course Song Samplers Beware: Your future is uncertain. Friday, March 13th marks the Canadian release date of RIP: A Remix Manifesto, Montreal filmmaker Brett Gaylor’s look into mash-up culture and sampling.  This film and its […]

Trade-mark opposition loss for owners of GLAMOUR magazine

Sanjukta Tole is an Osgoode Hall alumnus and practiced with the IP Group of a large Vancouver law firm. Farleyco Marketing Inc. (“Farleyco”) filed a trade-mark application for the trade-mark GHOULISH GLAMOUR for use in association with “Halloween cosmetics and eyelash accessories” on December 16, 2003. Farleyco then commenced selling their products in September 2004. […]

Should Internet Service Providers Become Information Providers for the Police?

Two recent Ontario Superior Court of Justice judgments have allowed for law enforcement agencies to obtain subscriber information from internet service providers without a warrant. In both cases police officers used IP addresses of suspected child pornography carriers, which they had obtained themselves, to get corresponding names and addresses. This has alarmed privacy advocates, and […]

Fair Dealing – Remembering the rights holder

As discussed by Anna in her post yesterday, fair dealing under Canadian law works as follows: a user is allowed a limited use of a copyrighted material without needing to get permission from the rights holder in specific circumstances; for the purpose of research or private study, criticism or review and for the purposes of news […]

In memoriam: Alison J. Youngman, 1948 – 2009

On March 8, 2009 – International Women’s Day – the legal profession lost one of its trailblazing women in the field of corporate and technology law, and for me also a friend and mentor. Alison was a devout champion of women, volunteering her precious time to limitless causes from her role as a senior partner […]

News aggregation websites: Fair dealing v. Free riding

There is a growing concern among media companies that news aggregation websites (NAWs) are taking large portions of original content, ‘shaving away potential readers and profiting from the content’ without properly compensating the media companies that provide the original content.  According to the Canadian Copyright Act, such taking of original content is allowed as long as […]

The Pirate Bay: An Ocean Away from Google?

Over an eleven day period ending last Wednesday, three lay judges and one professional judge presided over the most closely followed and polarized trials in recent Swedish history. In their hands lies the fate of the Pirate Bay – the ever-popular BitTorrent website. With the court’s judgment due in April, file-sharers and copyright holders all […]

Movie Piracy in Canada

Daniel Pearlman is a first year law student at Osgoode Hall and is taking the Legal Values: Challenges in Intellectual Property course Movie piracy is a widely debated IP issue. While many would agree that movie piracy is a problem, much controversy surrounds both the extent of movie piracy, and how it ought to be […]