Archive for September, 2010

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

Competition Concerns Drive CRTC Internet Provider Policy

Appeared in the Toronto Star on September 6, 2010 as Competition Concerns Drive CRTC Internet Provider Policy Recent data on Internet use in Canada suggests that most people reading this subscribe to broadband services and that virtually all those subscribers are with a major telecommunications or cable company.  Indeed, the […]

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September 6, 2010 Comments are Disabled Columns Archive

ACTA Text Leaks: U.S. Concedes on Secondary Liability, Wants To Go Beyond DMCA on Digital Locks

Given the history of ACTA leaks, to no one’s surprise, the latest version of the draft agreement was leaked last night on KEI’s website.  The new version – which reflects changes made during an intense week of negotiations last month in Washington – shows a draft agreement that is much closer to becoming reality.  Square brackets have been removed from many sections, leaving the core issue of scope of the agreement as the biggest issue to be resolved when the next round of negotiations begins in a few weeks in Japan.

Perhaps the most important story of the latest draft is how the countries are close to agreement on the Internet enforcement chapter.  The Internet enforcement chapter has been among the most contentious since the U.S. first proposed draft language that would have globalized the DMCA and raised the prospect of three strikes and you’re out.  In the face of opposition, the U.S. has dropped its demands on secondary liability but is still holding out hope of establishing digital lock rules that go beyond the WIPO Internet treaties and were even rejected by its own courts.

The key takeaways from the Internet chapter, noting that Canada has reserved the right to revisit elements of this chapter at a later date:

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September 6, 2010 22 comments News

The Trouble with the Anti-Counterfeiting Trade Agreement Journal Article

I contributed The Trouble with the Anti-Counterfeiting Trade Agreement to 30, No. 2 SAIS Review of International Affairs 137-47 (2010).

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September 1, 2010 Comments are Disabled Scholarship