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Telecommunications

Streaming of a Live Sporting Event is not a User Right

On May 13, 2012, the Supreme Court of Israel gave a landmark decision in Civil Appeal 9183/09 The Football Association Premier League Ltd v John Doe. The Court overturned a controversial decision by Judge Michal Agmon-Gonen of the District Court in Tel Aviv-Jaffa. In that case, Judge Agmon-Gonen used the mechanism of legal transplantation to […]

Rogers v. SOCAN: The SCC Streamlines its Stance on On-Demand Streaming

The much anticipated Supreme Court of Canada ruling in Rogers Communications Inc v Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35 (Rogers v SOCAN), culminated with a unanimous Court holding that on-demand transmissions of music streams made available by online music services constitute communications “to the public”.  Consequently, the on-demand streaming of […]

ESAC v. SOCAN – Battle Lines Drawn in Copyright Pentalogy

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 […]

The Fivefecta: Canada’s Supreme Court Releases 5 Significant Copyright Decisions

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, […]

Message Delivered, But Not Received: BBM Canada Loses Case Against RIM

When hearing the word BBM, most people reach instinctively for their BlackBerry, and its instant messaging service, BlackBerry Messenger. However, there is also a company called BBM Canada, formerly known as the Bureau of Broadcast Measurement, which provides impartial ratings data and analysis to Canadian broadcasters and advertisers. BBM Canada sued Research in Motion (“RIM”), […]

Whose Copyright Reigns Supreme? Copyright and Reality Television Shows

The battle’s heating up, but this time it’s not in kitchen stadium – it’s in the courthouse. Today’s secret ingredient - copyright which protects reality TV shows such as Iron Chef, American Idol, Real World, Most Extreme Elimination Challenge (MXC) and Big Brother.

More Than a "Bit" of Win for Australian ISP

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 […]

lawTechCamp reminds Lawful Access to consider the Charter: The Disclosure of Subscriber Information and Privacy Implications

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 […]

Whose Patent is It Anyway?: The Ongoing Legal Legacy Between Samsung and Apple

Using a quote that he attributes to Pablo Picasso, the late Steve Jobs stated in a 1994 interview that “good artists copy, great artists steal.” It seems somewhat ironic that Apple Inc., the company he co-founded, now finds itself in an entrenched legal battle with Samsung over a number of alleged patent and trademark infringements. The twist? […]