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Michael Geist's Blog

Canada's Copyright Revolution

Professor Geist's regular Toronto Star Law Bytes column (Toronto Star version, HTML backup article, homepage version) examines the recent Canadian Supreme Court LSUC v. CCH copyright decision. The column argues that the case instantly ranks as one of the strongest pro-user rights decisions from any high court in the world, showing what it means to do more than pay mere lip service to balance in copyright. It then proceeds the case from four perspectives -- 1. The litigants (the Law Society emerged victorious, though not a complete loss for the publishers) 2. The interpretation of copyright law (new standards for fair dealing and for authorization as well as the articulation of users rights) 3. The broader perspective on copyright law (the need to adopt a balanced perspective) 4. The societal shift of the view of copyright (a personalization of the importance of copyright). also see: LSUC v. CCH Canadian

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File Sharing Suits Head Back to Court

Professor Geist comments on the CRIA file sharing lawsuits, which head back to court on Friday. He notes that "it's a critical case because it lies at the intersection of so many interesting online issues, both copyright and privacy and the right to anonymity and responsibility of intermediaries, namely the ISPs." see: Music uploading case back in court Friday; new ways to hide from law also see: Bangoura v. Washington Post
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Alternative Compensation System for Music Picks Up Steam

David Ticoll, the Globe and Mail technology columnist, picks up on the prospect for an alternative compensation system for online music. Ticoll cites Professor Geist's recent proposal for the legalization of peer-to-peer file sharing. see: A taxing proposal to solve the music download dilemma also see: Bangoura v. Washington Post
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Canada Still Awaits Anti-Spam Policy

Professor Geist comments in an Ottawa Citizen story on the state of anti-spam legislation in Canada, noting that better enforcement of existing laws are needed to make a dent in the spam problem. see: This Old Spam also see: Bangoura v. Washington Post
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Is Canada Ready for a P2P License?

Professor Geist's regular Toronto Star Law Bytes column (Toronto Star version, HTML backup article, homepage version) examines the viability of blanket license for peer-to-peer file sharing in Canada. The column argues that Canada might provide an ideal testing ground for such an approach given the prior experience with collective licensing and the potential to develop a finely-targeted scheme that provides appropriate compensation to the music community. 

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Supreme Court Copyright Case Causes Waves

Professor Geist comments on the impact of the LSUC v. CCH Supreme Court of Canada decision released last week. Geist argues that the case is the most important case in many years with implications that extend well beyond the legal publishers affected by the decision. see: Court's Copyright Ruling in the Spotlight also see: Bangoura v. Washington Post
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The Canadian Gutnick - Internet Jurisdiction's Moving Target.

Professor Geist's regular Toronto Star Law Bytes column (Toronto Star version, HTML backup article, homepage version) takes a closer look at Bangoura v. Washington Post, a recent Ontario case in which the court asserted jurisdiction over the Post due to the availability of an allegedly defamatory article online. The article argues that the decision takes Internet jurisdiction in the wrong direction by adopting a moving target approach. also see: Bangoura v. Washington Post

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CRIA Launches Round of Lawsuits

Professor Geist comments in the National Post and Ottawa Citizen on news that CRIA has launched its first round of lawsuits against individual file sharers. Professor Geist addresses the decision by Shaw Communications to challenge the requests for subscriber information on privacy grounds. see: Personal Files About To Go Public (National Post) also see: Music Giants Come After the Little Guy (Ottawa Citizen)
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Canada Battles Spam

Macleans magazine runs a major feature on spam in Canada, complete with coverage of legal and technological developments. Professor Geist comments on market for anti-spam technologies as well as the likely effectiveness of anti-spam legislation. see: You've Got Spam also see: Owens Rebuttal
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Alberta Court Awards Damages for Cyber-Libel

Professor Geist comments on the recent Alberta cyber-libel decision in which a judge awarded both general and punitive damages for defamatory postings on a stock chat site. The judge ruled that the anonymous postings were more likely to be believed because they were anonymous, a conclusion Professor Geist disputes. see: Net Libel Open To Higher Damages also see: Owens Rebuttal
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