Entertainment Software Association of Canada v SOCAN was one of two 5-4 split decisions of the copyright pentalogy decisions released on July 12. Online media and software producers and distributors won a major victory. The Supreme Court ruled that the “communication to the public by telecommunication” right does not apply to downloads of a musical […]
Without a background in horse racing, I feel comfortable expressing today as a “Fivefecta”. Since Monday’s announcement that the Supreme Court of Canada (“SCC”) would release judgments in five critically important copyright appeals heard on December 6 and 7, 2011, there has been a growing excitement in the Copyright community. The decisions from these appeals, […]
While North American IP enthusiasts had likely been pre-occupied with the controversy surrounding the stalled American anti-internet piracy bills known as SOPA and PIPA (covered by IP Osgoode here), Europe has been struggling to deal with the Anti-Counterfeiting Trade Agreement (ACTA). Even though it was designed to be an international framework for improved intellectual property […]
In what seems to be a never-ending war on piracy, the Royal Navy has been seemingly substituted for an army of lawyers, and skirmishes on the seas traded for exchanges in a courtroom. In a decision that mirrors an international effort to limit access to the peer-to-peer file sharing website known as “The Pirate Bay” […]
The UK will likely be implementing new anti-piracy measures through the publication of a new code this month.
Previously cited as "the case that could shut down the internet", Roadshow Films Pty Ltd v iiNet Ltd [2012] HCA 16 (commonly known as AFACT v iiNet or the iiTrial) concluded with a unanimous decision from the Australian High Court ruling that the iiNet, an internet service provider, was not liable for copyright infringement from […]
Throughout last weekend’s second annual lawTechCamp, audience members interacted with each other using the Twitter hashtag #ltcto2012. While many participants chose not to hide their online identity behind a veil of anonymity, this possibility currently exists without privacy concerns. Sahar Zomorodi’s session, “Dissecting the term ‘lawful access’ in the proposed Online Surveillance Bill C-30,” illustrated Bill C-30’s privacy issues and […]
On February 21, 2012, Judge Perell of the Ontario Superior Court of Justice granted certification for a proposed class action suit under the Class Proceedings Act, 1992, S.O. 1992, c. C.6 against Thomson Reuters Canada Limited in Waldman v Thomson Reuters Corporation. The suit was launched by Mr. Lorne Waldman, an Ontario lawyer specializing in […]
In Manish Patel v Unite, [2012] EWHC 92 (QB), a pilot, who claims he was defamed and harassed by postings on the British Airline Steward and Stewardesses Association (BASSA) forum, applies to the court for an order to allow an independent expert to copy and examine the forum database in order to identify who posted […]
The complicated position that subconscious copying occupies when establishing reproduction and infringement in copyright law was recently highlighted in a key decision by the Patents County Court (PCC) of the UK. In Michael Mitchell v. BBC, Judge Birss’s meticulous judgment focused on whether there existed the possibility of either conscious or subconscious infringement, the latter […]