Archive for December 5th, 2011

Copyright in the Balance This Week at the Supreme Court of Canada

For most of the past hundred years, the Supreme Court of Canada heard the occasional copyright case with significant cases popping up once every ten or twenty years. That started to change in 2001 with a big case reaching Canada’s top court every year or two. While that seemed like a busy schedule, it is nothing compared to the coming week, where the court will hear an unprecedented five copyright cases over the course of two packed days.

My weekly technology law column (Toronto Star version, homepage version) notes the cases feature a who’s who of the Canadian copyright and communications world with the Entertainment Software Association of Canada (ESAC), Canadian Recording Industry Association, Apple, Bell Canada, Rogers Communications, and leading copyright collectives such as SOCAN and Access Copyright among the litigants.

The common theme among the cases is that they all originate with the Copyright Board of Canada. Whether the board is asked to establish tariffs for the communication of music or the copying of materials in schools, its decisions have become highly contested and invariably subject to judicial review.  

It is possible that the Supreme Court is chiefly interested in the administrative law issues raised by the board rather than substantive copyright questions. Should it choose to wade into the copyright concerns, however, two issues jump out as the key ones.

Read more ›

December 5, 2011 3 comments Columns

Copyright in the Balance This Week at the Supreme Court of Canada

Appeared in the Toronto Star on December 4, 2011 as Copyright in the Balance at the Supreme Court For most of the past hundred years, the Supreme Court of Canada heard the occasional copyright case with significant cases popping up once every ten or twenty years. That started to change […]

Read more ›

December 5, 2011 1 comment Columns Archive

Tories Have Yet to Prove Case for E-Snooping Bill

The Globe’s John Ibbitson on why the government has not made the case for lawful access. Ibbitson reports that the lawful access legislation will be bundled into a single bill to be introduced later this month or early next year. Public Safety Minister Vic Toews issues a non-responsive response, as […]

Read more ›

December 5, 2011 Comments are Disabled Must Reads

The Daily Digital Lock Dissenter, Day 44: New Brunswick Public Library Service

The New Brunswick Public Library Service represents 61 public libraries throughout the province. Its submission to the 2009 copyright consultation included the following on digital locks:

The circumvention of a digital lock for non-infringing purposes should be permitted.

An exception should also be made to anti-circumvention clauses to ensure that access to government information, laws, and court cases are never inaccessible to Canadians. As citizens, we should have an inalienable right to access this information.

 

Read more ›

December 5, 2011 Comments are Disabled News