Home » 2010 » May (Page 2)

Another Stop to Free Downloads of Music Online: LimeWire Liable for Copyright Infringement

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. Granting summary judgment in favour of the music industry, a US federal court has found peer-to-peer file-sharing service LimeWire liable for copyright infringement. This judgment is yet another in a long line of cases that have established that distributing and maintaining a file-sharing service […]

Digital Locks and the Fate of Fair Dealing in Canada: In Pursuit of 'Prescriptive Parallelism'

Professor Carys Craig (Osgoode Hall Law School) has a new paper available on SSRN. Her article is described below. The enactment of anti-circumvention laws in Canada appears imminent and all but inevitable. This article considers the threats posed by technical protection measures and anti-circumvention laws to fair dealing and other lawful uses of protected works, […]

Canada Still in Search Of Answers to the Digital Media Conundrum

Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Over 2000 people convened in Stratford, Ontario this week for Canada 3.0: Canada’s Premier Digital Media Forum.  This 2-day conference was created in an effort to bring together the best minds from the digital media space to collaboratively develop […]

Do Rights-Based Perspectives Underlie The Interpretation of Statutes in IP Law?

Steven Zuccarelli is a JD Candidate at Osgoode Hall Law School. Balancing pharmaceutical patent rights with public health needs is a contentious issue that poses enormous challenges to lawmakers.  The conflict between innovators of therapeutics and generic manufacturers is fought from divergent perspectives on the battlefield formed by patent laws.  At stake is the balance […]

Global Record Industry Numbers Down (Again)

Stuart Freen is a JD candidate at Ogsoode Hall Law School. The International Federation of the Phonographic Industry (IFPI) recently released its annual Recording Industry in Numbers report, and the numbers are grim indeed: Global recorded music revenues fell 7%, amounting to a whopping US$ 17 billion decline. Canada meanwhile was given a failing grade […]

Patching the Cloak of Anonymity: The Freedom of Expression, Privacy and Defamation Law

Robert Dewald is a JD Candidate at Osgoode Hall Law School. The internet provides an ideal environment for users to express themselves, their ideals and concerns.  This expression is valued by society and enshrined in the Canadian Charter of Rights and Freedoms which protects various rights and influences the interpretation of Canadian law.    However, protecting […]

“Bad Faith” Decisions Bad News for Trade-mark Applicants?

Jeffrey Vicq is a member of Clark Wilson LLP’s Technology & Intellectual Property Group.  He regularly writes about Canadian trade-mark issues on the Canadian Trademark Blog.     Those of us who provide trade-mark prosecution and counselling services—and particularly those of us who work with clients that have multi-national trade-mark portfolios—know that clients are sensitive […]

Scotiabank Loses Domain Name Dispute

Zak Muscovitch is the principal of The Muscovitch Law Firm, in Toronto, Canada. He is a veteran domain name lawyer having represented numerous domain name owners from all over the world in disputes and transactions since 1999.   Banking errors always seem to be in favour of the bank, however in this particular case, Scotiabank’s […]

Climatologist to test Canada’s defamation laws

Nathan Fan is a JD candidate at Osgoode Hall Law School. Andrew Weaver, a prominent University of Victoria climate researcher, has claimed that he has been defamed in a series of articles published by The National Post regarding the recent controversies over the reliability of climate science. The statement of claim (courtesy of desmoblog.com) filed […]

An Introduction to the European Copyright Code

Michael Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School On April 26 of this year the European Copyright Code, which is the product of an academic endeavour between notable copyright scholars across the European Union, was introduced via the Wittem Project Group website (http://www.copyrightcode.eu/).  The Group is of the […]