Home » 2010 (Page 11)

Copyright, Contracts, Creators – New Media, New Rules

Professor Giuseppina D’Agostino (Osgoode Hall Law School) has authored a new book entitled “Copyright, Contracts, Creators – New Media, New Rules”.  The book is briefly described below. The digital world has put content within arm’s reach of desire. No longer can an author be satisfied that her intellectual property is safely encased in a bound […]

ECJ rejects Monsanto’s patent claim over imported soy meal

Nathan Fan is a JD candidate at Osgoode Hall Law School On July 6th, the European Court of Justice (ECJ) ruled in favour of importers of soy meal from Argentina, soy meal that was produced from the Roundup Ready soybean patented by Monsanto.  In its decision (C-428/08 Monsanto Technology LLC v Cefetra BV and Others) […]

‘Operation In Our Sites’

Michael John Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School On the morning of July 1st a common thread rippled throughout my email inbox; the topic related to movie streaming sites, or perhaps better said, a lack thereof.  After a few key strokes I learned that this streaming website […]

Copyright Termination: How Authors can Reclaim their Copyrights

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. To help protect authors, the U.S. Copyright Act of 1976 provided for inalienable termination rights, rights unique to the United States. An inalienable termination right means that when an author assigns their copyright rights to a publisher, and even if that assignment agreement stipulates […]

Henley v. DeVore: Musical Copyright Protection and Political Parody

Robert Dewald is a JD Candidate at Osgoode Hall Law School The race for political office is competitive and fraught with risk where adversaries seek out support by advertising and creating political platforms to appeal to the majority of voters.  As the cost of political campaigns mount, politicians on the campaign trail seek advantages whenever […]

Uncovering the IP in eHealth Records: Who Should Own Your Medical History?

Steven Zuccarelli is a 2012 J.D Candidate at Osgoode Hall Law School As technology in health care races ahead, individuals will readily imagine innovative, cutting edge medical techniques that may cure them of an ailment, or perhaps extend the length of their years.  However, an often-overlooked feature of technologically advanced health care is a unified, […]

Bilski v. Kappos: Business methods are patentable (probably)

Stuart Freen is a JD candidate at Osgoode Hall Law School. The Supreme Court of the United States last week released what was likely the most highly anticipated patent case of the year: Bilski v. Kappos. It was the decision that many had hoped would settle once and for all the nagging issue of whether […]

Trademark Ownership: The Legitimacy of the “Free-Rider” Argument and its Significance in Canadian Jurisprudence

Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Professors Mark A. Lemley and Mark P. McKenna have identified an area of American trademark law that has, in their opinion, received insufficient attention: the “free-rider” argument. This argument contends that trademark owners should be protected from parties that […]

Viacom v. YouTube: U.S. District Court sides with YouTube

Nathan Fan is a JD candidate at Osgoode Hall Law School. The Southern District Court of New York has sided with YouTube in a decision released on 23 June 2010. In his summary judgment, Judge Louis Stanton held that YouTube qualified as a “service provider” operating within the confines of the DMCA § 512 safe […]

Privacy Expectations on Employer-Owned Devices, City of Ontario v. Quon

Michael John Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School A short while ago, while sitting in the living room at the home of my nurse friend, I noticed a brand new smart phone sitting on her couch side table.  I picked it up and began to play with […]