Latest Posts

CIHR Releases Draft Open Access Policy

CIHR, Canada's federal health research funding agency, has released new proposed requirements for open access to its funded research.  The requirements allow for a maximum six month publication delay before the research is made broadly available.  (Hat tip – Heather Morrison)

Read more ›

October 13, 2006 Comments are Disabled News

The Robertson Decision

The Supreme Court of Canada released its much anticipated Robertson v. Thomson decision this morning – here is a quick take.  The Canadian version of the U.S. Tasini case, at issue was the rights of freelance writers and the use of their work in electronic databases.  Much like the U.S. case (which clearly had an impact on this case), the court was split.  By a 5-4 majority, the court ruled in favour of Heather Robertson, finding that the reproduction of the freelance articles into a searchable database was not covered by the copyright held by the publishers (whose rights were limited to the compilation of works that comprise the newspaper).

At one level, the split in the court simply reflects a different view on the nature of a converting the content in a newspaper into a database.  The majority (written by Justices LeBel and Fish) thinks that the use is very different and thus no longer part of the publisher's copyright.  From this perspective, information such as date, page placement, etc. is merely "historical data".  The dissent, written by Justice Abella (joined by Chief Justice McLachlin, Binnie, and Charron) argues that the database involves a substantial reproduction of the original compilation and that therefore "the publisher's entitlement under our media neutral Copyright Act is able to adjust the form of its work to suit the exigencies of new media technologies."

At a deeper level, however, the case may signal some differing perspectives about copyright law.

Read more ›

October 12, 2006 3 comments News

The Parallel Politics of the Environment and Copyright

The Hill Times this week features my special op-ed (Hill Times version, homepage version) on the parallels between the environment and copyright as mainstream political issues.  The similarities start with language – environmental advocates speak of protecting the environment and sustainable resources, while copyright advocates focus on the need to […]

Read more ›

October 9, 2006 3 comments Columns

deBeer on Mandatory DRM

Jeremy deBeer with a must-read post on hidden terms in the CSI online music tariff .

Read more ›

October 9, 2006 Comments are Disabled News

ICANN Sacrifices Privacy for Shot at Independence

My weekly Law Bytes column (Toronto Star version, BBC version, homepage version) examines the recent agreement between ICANN and the U.S. government.   Late last month, ICANN took a major step toward addressing some ongoing concerns by signing a new agreement with the U.S. government entitled the Joint Project Agreement.  ICANN immediately heralded the JPA as a "dramatic step forward" for full management of the Internet's domain name system through a "multi-stakeholder model of consultation."  It added that the agreement grants it unprecedented independence by removing many of the U.S. government’s oversight controls.  These include the elimination of a twice-annual reporting requirement to the U.S. Department of Commerce (ICANN will instead release a single annual report targeted to the full Internet community) and a shift away from the highly prescriptive policy responsibilities featured in the original ICANN contract.

While the JPA may indeed represent an important change, a closer examination of its terms suggest that there may be a hidden price tag behind ICANN newfound path toward independence – the privacy of domain name registrants. 

Read more ›

October 9, 2006 Comments are Disabled Columns