Archive for August 30th, 2010

Conrad Black Case Targets Net Defamation Jurisdiction Standard

Conrad Black’s ongoing legal fight in the United States has attracted considerable attention in Canada, yet my weekly technology law column (Toronto Star version, homepage version) there is a side courtroom battle at home over alleged defamatory content on the Internet that merits closer attention.  The case, named Black v. Breeden, involves postings such as press releases and reports on the Hollinger International, Inc. website that Black claims were defamatory.  Several Ontario media organizations published the allegations contained in those releases.

When Black sued the company’s directors, advisers, and one company employee for defamation, the defendants in the case brought a motion to dismiss on jurisdictional grounds, arguing that Ontario was not the appropriate venue for the case since both Hollinger and Black are located in the U.S.  After a judge dismissed the motion, the defendants appealed to the Ontario Court of Appeal.

In a unanimous decision this month, the appellate court upheld the ruling by the motions judge, concluding that Ontario was a suitable venue and that the defamation case could proceed.

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August 30, 2010 14 comments Columns

James Moore on the Private Copying Levy

“As technology changes, the levy is not an effective mechanism to compensate copyright creators for possible theft of their work. For that reason, our Government has not included an expansion of the private copying regime to iPods and other devices in our recently proposed amendments to copyright. Instead, we have […]

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August 30, 2010 22 comments Must Reads

Conrad Black Case Targets Net Defamation Jurisdiction Standards

Appeared in the Toronto Star on August 30, 2010 as Conrad Black Case Targets Net Defamation Standards Conrad Black’s ongoing legal fight in the United States has attracted considerable attention in Canada, yet there is a side courtroom battle at home over alleged defamatory content on the Internet that merits […]

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August 30, 2010 Comments are Disabled Columns Archive

Google, Yahoo Concerned About Bill C-32’s Enabler Provision

The Wire Report reports (sub required) that Google and Yahoo are concerned with the “enabler” provision in Bill C-32.  The provision is designed to target sites that facilitate but the search engines fear it could have unintended consequences.

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August 30, 2010 1 comment Must Reads

CRA Cracks Down on eBay Seller

The Canada Revenue Agency has fined a B.C. man $68,000 for failing to report sales on eBay.

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August 30, 2010 Comments are Disabled Must Reads