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google book search notification at Art & Architecture library, Duderstadt Center by Timothy Vollmer (CC BY 2.0) https://flic.kr/p/42Ls8i

Canada’s National Digitization Plan Leaves Virtual Shelves Empty

Imagine going to your local library in search of Canadian books. You wander through the stacks but are surprised to find most shelves barren with the exception of books that are over a hundred years old. This sounds more like an abandoned library than one serving the needs of its patrons, yet it is roughly what a recently released Canadian National Heritage Digitization Strategy envisions.

Led by Library and Archives Canada and endorsed by Canadian Heritage Minister Mélanie Joly, the strategy acknowledges that digital technologies make it possible “for memory institutions to provide immediate access to their holdings to an almost limitless audience.”

Yet it stops strangely short of trying to do just that.

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July 26, 2016 3 comments Columns
Pokémon Go da más dinero a Apple y Pokemon Company que a Nintendo by iphonedigital https://flic.kr/p/K6BMPH (CC BY-SA 2.0)

Pokémon Go Craze Brings New “Augmented Reality” Legal Issues Into Light

Unless you’ve been offline or focused on a distorted national anthem rendition for the past week, you know that Pokémon Go has taken the world by storm with millions of people wandering around searching for virtual Pokémon characters. The game was officially released in Canada on the weekend – it started first in the U.S., Australia, and New Zealand – with millions of people already playing it.

My weekly technology law column (Toronto Star version, homepage version) notes that Pokémon Go provides a first peek at the potential of widespread use of “augmented reality”, which combines real space places such as parks or buildings with virtual characters or objects that appear on a computer or smartphone. In this case, the app uses GPS on smartphones to identify players’ physical location with the goal of collecting and training virtual Pokémon characters located there.

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July 18, 2016 3 comments Columns
CETA_16-06-05_26 by Chris Grodotzki / Campact (CC BY-NC 2.0) https://flic.kr/p/HKo1eD

Why the Canada – EU Trade Deal is in More Trouble Than the Government Admits

The Canadian government has characterized the proposed trade agreement between Canada and the European Union (CETA) is its top trade priority. The deal would increase trade by removing tariffs from many products, but also create significant costs. The implications for digital and intellectual property issues are particularly important, with chapters on e-commerce and telecommunications services, an extension of patent protections for pharmaceutical drugs could raise health care costs by millions of dollars, and protections for hundreds of geographical indications may restrict Canadian producers of common cheeses, wines, and meats.

My weekly technology law column (Toronto Star version, homepage version) notes that the substance of CETA merits debate, but its most distinguishing feature during the seven years of negotiations has been the steady stream of unrealistic claims from Canadian officials about how close they are to concluding the deal.

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July 12, 2016 0 comments Columns
Vigil At The White House To Save Net Neutrality 1 by Stephen Melkisethian (CC BY-NC-ND 2.0) https://flic.kr/p/pXJ7P4

Canadian Battle over “Zero Rating” Places Net Neutrality Safeguards at Risk

Net neutrality emerged as a top Internet policy issue over 10 years ago as some Internet service providers openly discussed creating a two-tier system with a fast lane for websites and applications willing to pay additional fees and a slow lane for everyone else. The companies maintained that consumers would benefit from the two-tier approach by gaining faster access to premium content.

Internet users and emerging technology companies banded together to oppose the approach, arguing that all traffic should be treated in an equal manner regardless of content, source, or destination. They noted that the two-tier approach could lead to unfair competition and an inability for start-up companies to challenge established players.

My weekly technology law column (Toronto Star version, homepage version) notes that Internet users won the policy battle and years later net neutrality rules can be found worldwide. Indeed, the importance of an “open Internet” was recently affirmed by Navdeep Bains, Canada’s Minister of Innovation, Science and Development, who told an international conference that the economy depends upon it.

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July 5, 2016 5 comments Columns
voltage by cm2175 (CC BY-NC-ND 2.0) https://flic.kr/p/47tZF7

Canadian File Sharing Lawsuit Could Upend Copyright Privacy Protections

The centerpiece of Canada’s 2012 digital copyright reforms was the legal implementation of the “notice-and-notice” system that seeks to balance the interests of copyright holders, the privacy rights of Internet users, and the legal obligations of Internet service providers (ISPs). The law makes it easy for copyright owners to send infringement notices to ISPs, who are legally required to forward the notifications to their subscribers. The personal information of subscribers is not disclosed to the copyright owner.

Despite the promise of the notice-and-notice system, it has been misused virtually from the moment it took effect with copyright owners exploiting a loophole in the law by sending settlement demands within the notices.

My weekly technology law column (Toronto Star version, homepage version) notes that the government has tried to warn recipients that they need not settle – the Office of Consumer Affairs advises that there are no obligations on a subscriber that receives a notice and that getting a notice does not necessarily mean you will be sued – yet many subscribers panic when they receive notifications and promptly pay hundreds or thousands of dollars.

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June 28, 2016 1 comment Columns