Archive for September 7th, 2010

ACTA’s Enforcement Practices Chapter: Countries Reach Deal as U.S. Caves Again

I posted yesterday on the updated Internet chapter in the latest version of ACTA, which features a major change on secondary liability and the U.S. attempt to clawback on recent domestic DMCA changes by arguing against linking circumvention and copyright infringement.  While there remains a number of issues to be determined in that chapter (and a great deal to be addressed in the other IP enforcement chapters on criminal provisions, civil enforcement, and border measures), the rest of ACTA has largely been decided. As in the Internet chapter, where compromise was needed it was the U.S. that did most of it, as it becomes increasingly apparent that the USTR is willing to agree to almost anything in order to bring home an agreement before the next round of elections in November.

The remaining chapters are Enforcement Practices (previously chapter four, but now chapter three), International Co-operation, Institutional Arrangements, and Final Provisions.  A closer look at each chapter and the most notable changes:

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September 7, 2010 4 comments News

Government To Review Apple’s iBookstore Investment

The Governor-in-Council has ordered an Investment Canada Act section 15 review of Apple Canada’s iBookstore. The review of the cultural investment may help explain the delay in the full launch of Apple online bookstore for the iPad.

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September 7, 2010 5 comments Must Reads

U.S. Court Sides With Artist in Royalty Dispute, Record Label Vows To Fight

The WSJ reports on a legal battle between Eminem and Universal Records over royalties due for downloads from iTunes.  The court sided with the artist, which would result in a significantly higher royalty rate.  The music label has vowed to fight the decision.

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September 7, 2010 4 comments Must Reads

Federal Court Decision Raises Questions About Need for New Making Available Right

Howard Knopf posts on new decisions from the Federal Court of Appeal which suggest that there is effectively a making available right in the case of musical works in Canadian copyright law and no need for further reform on the issue.

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September 7, 2010 2 comments Must Reads

CIRA and the Public Interest

Zak Muscovitch, a Toronto domain name lawyer running for the CIRA board, has an interesting article on the dot-ca administrator and the public interest.

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September 7, 2010 3 comments Must Reads