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Secondary (ISP) Liability

IP Year in Review 2017 - A Year of Promises Made, Kept, and Abandoned

This past year marks a year where the Government of Canada engaged more than ever on the IP front. The Government of Canada’s announcement of a National IP Strategy was welcome news for those interested in leveraging Canada’s intangible capital. As I noted on The Agenda with Steve Paikin, it was a “hallelujah” moment for […]

Internet service providers liability and copyright protection in the EU

The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective.   Which is the legal framework surrounding Internet Service Providers (ISPs) in the EU, when it comes to copyright protection? The following article analyses the importance of ISPs in the enforcement of […]

A Handcrafted Problem: Etsy's share price woes and IP infringement

Etsy describes itself as a "marketplace where people around the world connect, both online and offline, to make, sell and buy unique goods." For a site based on creativity and uniqueness, they have a surprisingly long history of high profile disputes between Etsy sellers and intellectual property owners. Among a myriad of other incidents, sellers have reportedly […]

IP Year in Review 2014 - The Perpetual Motion of IP Law

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Osgoode Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School.   2014 was another exciting year in intellectual property (IP) law. […]

Grooveshark Fails to Navigate DMCA Safe Harbor

The recently announced decision of the United States District Court in Manhattan, UMG v. Escape Media Group (Grooveshark), serves to further elucidate the terms on which service providers can expect legal protection if their users are found to be uploading infringing content. More importantly, it gives us an excellent example of the differences between the US […]

#TwitterWantsToTweetTransparency

Earlier this month, Twitter filed a lawsuit (Twitter v. Holder) against the US Department of Justice (“DOJ”) and the Federal Bureau of Investigation (“FBI”), claiming they prevented Twitter from publishing statistics pertaining to the number and type of US Government surveillance requests received. Twitter asserts that the publication ban is an unconstitutional violation of their […]

Garcia v Google Inc.: Copyright Ownership, ISP Liability and the Future of Freedom of Expression

In a stunning decision recently released by the United States Court of Appeals for the Ninth Circuit, Google was ordered to remove the now-infamous film, “Innocence of Muslims”, from YouTube. While the ruling challenges traditional understandings of copyright ownership and protected expression under US copyright law, the Court’s unprecedented opinion also has significant implications for […]