Archive for March, 2012

Canadian Hurt Locker Lawsuits Withdrawn

New records indicate that the file sharing lawsuits in Quebec against individuals downloading the Hurt Locker have been withdrawn. The cases attracted wide attention last year after the Federal Court ordered several ISPs to disclose the identities of alleged infringers.

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March 30, 2012 6 comments Must Reads

CRTC Stands By New Disclosure Requirement on Software Installs Over Objections From ESAC, RIM

The CRTC has finalized its anti-spam regulations, retaining some notable new disclosure requirements for some software installations. The requirements were opposed by the Entertainment Software Association of Canada and Research in Motion, who both asked for the requirements to be either dropped or significantly changed. The regulation requires:

A computer program’s material elements that perform one or more of the functions listed in subsection 10(5) of the Act must be brought to the attention of the person from whom consent is being sought separately from any other information provided in a request for consent and the person seeking consent must obtain an acknowledgement in writing from the person from whom consent is being sought that they understand and agree that the program performs the specified functions.

The functions listed in 10(5) of the Act are:

(a) collecting personal information stored on the computer system;
(b) interfering with the owner’s or an authorized user’s control of the computer system;
(c) changing or interfering with settings, preferences or commands already installed or stored on the computer system without the knowledge of the owner or an authorized user of the computer system;
(d) changing or interfering with data that is stored on the computer system in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system;
(e) causing the computer system to communicate with another computer system, or other device, without the authorization of the owner or an authorized user of the computer system;
(f) installing a computer program that may be activated by a third party without the knowledge of the owner or an authorized user of the computer system; and
(g) performing any other function specified in the regulations.

While this is obviously designed first and foremost at spyware, it targets many other possibilities including the infamous Sony rootkit case and other attempts by software or app developers to unexpectedly collect personal information or interfere with a user’s computer. It could also have an impact on some digital rights management systems, raising interesting questions about the interaction between these requirements and the digital lock rules in Bill C-11.

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March 29, 2012 16 comments News

European Parliament Committee Rejects ACTA Delay as MEPs Seek to “Bury” the Agreement

The European Parliament’s INTA Committee yesterday soundly rejected a proposal to refer the Anti-Counterfeiting Trade Agreement to the European Court of Justice for review. ACTA critics viewed the proposal as a delay tactic designed with the hope that public opposition to the agreement would subside in the year or two […]

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March 28, 2012 8 comments News

Canadian Participation in TPP May Be Running into Trouble

The Globe reports that Canada’s participation in the Trans Pacific Partnership may be running into trouble as the U.S. insists that Canada signal its readiness to abandon supply management as a condition for joining the talks. Other reports have indicated that Canada would not have an opportunity to negotiate the […]

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March 28, 2012 4 comments Must Reads

Comparing ACTA and the TPP

PIJIP has prepared a comparison of ACTA and the TPP’s IP chapter with a document on the main highlights and a line-by-line analysis. The documents provide further evidence that the TPP would require Canada to fundamentally overhaul its copyright laws, including many of the provisions found in Bill C-11.

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March 28, 2012 3 comments Must Reads