Archive for August 27th, 2010

Next ACTA Round To Be Vice-Ministerial Level Meeting

The Japanese media is reporting that the next round of ACTA negotations in Tokyo will be a Vice-Ministerial level meeting, providing further confirmation that countries expect to conclude the agreement at the late September meeting.

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August 27, 2010 3 comments Must Reads

CIPPIC Says Facebook Failing Privacy Promises

CIPPIC argues that Facebook has failed to comply with the privacy commitments it made as part of last year’s settlement with the Privacy Commissioner of Canada.

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August 27, 2010 1 comment Must Reads

“Legislative Guidance” on Fair Dealing: The Plan to Reverse CCH?

My post this week on several writers groups objections to Bill C-32 has generated considerable discussion, with some taking me to task for focusing on their letter’s warning of “unintended consequences,””years of costly litigation,” and “serious damage to the cultural sector.”  Instead, they argue that I should have focused on the call for additional “legislative guidance” on the fair dealing reforms.  After all, who could be against greater clarity in the law?

In the discussion that has followed, I believe that it has become increasingly clear that the “legislative guidance” is not really about the fair dealing reforms found in C-32, but rather fair dealing more generally. Unfortunately, the writers’ letter only speaks of their concerns and does not provide any specific policy or legislative reform recommendations that would clarify their intentions. However, with the government having opened up the fair dealing provision, those groups may see an opportunity to reverse the Supreme Court of Canada’s CCH decision that characterized fair dealing as a user right and established guidelines for its interpretation. 

Why do I arrive at this conclusion?

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August 27, 2010 141 comments News