The academic scientific community conventionally shares research results, ideas and expertise. Not surprisingly, the commoditization of peer reviewed journal articles seems antiquated with cost and accessibility issues when compared with online posting, web-enabled databases, free online journals and guides as knowledge dissemination tools. In the Aug 25, 2008 edition of The Tech, these practices are […]
Whilst counterfeits are easily recognizable, the issue is the line between inspiration and knock-offs in the fashion industry. In this article, designers and IP lawyers differ on where this line should be drawn. I shall analyse these views and propose where IP law could draw the line. Is IP needed here? Theoretically, IP rewards “true” […]
In “(Digital) Locks are multipurpose tools, and can be used or abused”, Rusell McOrmond makes the distinction between digital locks on content, such as mechanisms on audio CDs that prevent users from “ripping” songs to external devices, and digital locks on devices, which only allows devices to play certain types of content. He argues that […]
In a recent Quebec Superior Court case, Justice Tessier issued an injunction closing down the file-sharing website, QuebecTorrent.com. The site allowed for the free sharing of music and videos among users. This is a perfect example of the long standing debate between the owners/authors of copyright and the users of copyright. Although this may seem […]
In August 2008, Capitol Records, owner of the copyright in John Lennon’s song “Imagine,” brought a preliminary injunction before the Supreme Court of the State of New York to prevent Premise Media Corporation from making unauthorized use of the recording in their film “EXPELLED: No Intelligence Allowed.” Premise Media argued that the film supports the […]
Former NFL star, Jim Brown’s recent lawsuit against Electronic Arts and Sony, highlights the unique challenges that modern day technology presents to our legal system. In his suit, Brown claims that his likeness is being used in the series of Madden NFL games without his permission. Although his name and image are not used in […]
In the wake of the Liberals unveiling of their new carbon tax plan, “A Green Shift for Canada”, Liberals were confronted by an 8.5 million dollar trademark lawsuit. The plaintiff company, “Green shift Inc” was trademarked in 2003 and provides services to help companies adopt environmentally friendly policies and practices. This suit was recently settled […]
In a recent article for the Globe and Mail entitled “Sticking to official Olympic brands – with duct tape”, Rod Mickleburgh discusses the various procedures “commercial rights management” officials will be taking during the upcoming Vancouver Olympic games in light of the practices which were enforced this past summer in Beijing. One of these customs […]
In a controversial decision, the Supreme Court of the State of New York held that the use of a music recording in a film falls under the protection of “fair use.”[1] The film in question defends the theory of Intelligent Design which refers to the idea that the world is created by an omnipotent designer […]
Although the merchandise that the jewellery giant Tiffany & Co. creates tends to sparkle and shine, its recent legal decision to appeal the U.S. federal court’s decision regarding its case against eBay appears much duller in comparison. I am referring to the appeal of that court’s verdict that held that eBay was not under further […]