Archive for January 26th, 2009

WTO Issues Decision In U.S. – China IP Case

The WTO Panel has released its decision in the U.S. complaint against China over its IP laws.  It ruled against China on certain elements, but dismissed a complaint involving criminal enforcement.  Canada participated in the case as a third party against China, a matter that I will explore in a […]

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January 26, 2009 Comments are Disabled Must Reads

Canada Post Plays Grinch in Takedown Fight

Late last year, Canada Post and the Public Service Alliance of Canada became embroiled in a heated strike action over sick pay benefits. In the midst of the dispute, several PSAC members took direct aim at Canada Post CEO Moya Greene, recording a short parody video titled "The Greench." The video, which was posted on YouTube, adapted the well-known Dr. Seuss tune "You’re a Mean One, Mr. Grinch" to criticize Greene and the company. While the creation of a protest video is not particularly noteworthy, what followed soon after is.  Just as the video began to attract some attention, YouTube removed it after receiving a complaint from Canada Post alleging that the video violated the company’s copyright.

My weekly technology law column (Toronto Star version, homepage version) argues that the case highlights a common occurrence under U.S. law, which allows copyright owners to file complaints with web hosts such as YouTube if they believe that the site is hosting infringing content. Under the law, the web host avoids liability if it immediately removes the content.  No court or independent third party reviews the infringement claim since nothing more than a complaint that meets certain criteria is needed.  The statutory requirements include providing a statement that the complainant has a "good faith belief that use of the material in the manner complained of its not authorized by the copyright owner, its agent or the law."

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January 26, 2009 6 comments Columns

Canada Post Plays Grinch in Takedown Fight

Appeared in the Toronto Star on January 26, 2009 as Canada Post Plays Grinch in Censorship Row Late last year, Canada Post and the Public Service Alliance of Canada became embroiled in a heated strike action over sick pay benefits. In the midst of the dispute, several PSAC members took […]

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January 26, 2009 Comments are Disabled Columns Archive

UK Drops Plans For ISP Three Strikes and You’re Out Approach

The Times reports that the UK government has dropped plans to implement a "three strikes and you're out" approach for ISPs, acknowledging that the proposal raised very complex legal issues to enforce disconnecting Internet users.

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January 26, 2009 1 comment Must Reads

Warner Music Demands Takedown Of Music Posted on Own Band’s Website

Consistent with my column this week on takedowns, Mashable points to an incident where Warner Music Group demanded the removal of a video posted to YouTube that was used by the band itself to promote its music.

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January 26, 2009 3 comments Must Reads