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Brent Randall (IPilogue Editor)

Court Decision May Be Closest Thing To BitTorrent Regulation

The High Court of Justice’s Technology and Construction Court recently ruled on whether relief could be sought against unknown “seeders” of BitTorrent files in AMP v. Persons Unknown. In June 2008, the claimant AMP either lost or had her cell phone stolen.  The phone had a digital camera which had been used to take sexually […]

Soccer Match Schedules Must Be Creative To Be Copyrighted, Says Advocate General

On December 15, 2011, Advocate General Paolo Mengozzi gave his opinion to the Court of Appeal of England & Wales on whether soccer match schedules could be protected by copyright.  This opinion is a companion of sorts, to a ruling of the Court in 2004 that said the “fixture lists” as they are referred to, […]

Rooney Doesn’t Have To Pay Commissions Due To Unfair Restraint Of Trade

Brent Randall is a JD candidate at the University of Ottawa. On December 1, 2011, the Court of Appeal of England and Wales ruled on a case involving English soccer superstar Wayne Rooney and his former agency, Proactive Sports Management Limited, over commission payments.  Among five issues the Court decided, the most important involved whether […]

Keep Design Cases Simple, England And Wales CA Tells Dyson

Brent Randall is a JD candidate at the University of Ottawa. It is a seemingly lofty goal for a court: keep legal reasoning simple.  As anyone who has a read a court’s decision knows, that is easier said than done, either because a judge wants to make sure all relevant issues are dealt with thoroughly, […]

European Libraries And Copyright Owners Reach Understanding On Out-Of-Commerce Works

Brent Randall is a JD candidate at the University of Ottawa. The European Comission recently facilitated the signing of a Memorandum of Understanding (MOU) between European libraries, publishers, authors and their collecting societies.  The MOU sets out key principles that allow cultural institutions in Europe, such as libraries, an easier way to digitizing out-of-commerce books […]

Sony’s New Terms Of Service Seek To Eliminate Class Action Threat

Brent Randall is a JD candidate at the University of Ottawa. After a very difficult summer regarding the security of the personal information of Sony customers, the technology company has chosen to protect itself from class action litigation in the future.  In the Terms of Service (TOS) for the company’s Playstation Network, which is where […]

Re:Sound Not Soundly Defeated Just Yet

Brent Randall is a JD candidate at the University of Ottawa. On September 8, 2011, the Supreme Court of Canada granted leave to appeal in the Federal Court of Appeal case of Re:Sound v. Motion Picture Theatre Associations of Canada, et al. The copyright case will be heard by Canada’s highest court along with four […]

Google’s Purchase Of Motorola May Signal Trend In The Smartphone Market

Brent Randall is a JD candidate at the University of Ottawa. On August 15, 2011, Google announced that it would be acquiring Motorola Mobility which will enhance the capabilities of their Android operating system for smartphones.  While the purchase of Motorola gives Google the ability to produce hardware optimised for their software, commentators have wondered […]

Justice Rothstein Finds US Patent Standard Neither Clear Nor Convincing

Brent Randall is a JD candidate at the University of Ottawa. Justice Marshall Rothstein of the Supreme Court of Canada recently spoke at the American Bar Association’s Intellectual Property Law Luncheon held on August 6, 2011, in Toronto. His speech was largely focused on how the Supreme Court of Canada may arrive at different conclusions […]

Prof Annemarie Bridy Asks: How Human Does An Author Need To Be?

Brent Randall is a JD candidate at the University of Ottawa. The Canadian Copyright Act does not explicitly define the term “author”, but the statute does appear to assume that the “author” will be a human. A recent paper by Professor Annemarie Bridy seeks to challenge this assumption as she argues that “all creativity is […]