Post Tagged with: "notice and notice"

61 Reforms to C-61, Day 42: ISP Notice and Notice – No Penalty for False Notices

A second concern associated with the notice and notice approach in Bill C-61 is the absence of a penalty against claimants that file wrongful notices. This means that subscribers may receive completely erroneous notices regarding allegedly infringing content with no consequences to claimant.  Section 41.25(2) includes considerable specificity about what […]

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August 19, 2008 8 comments News

61 Reforms to C-61, Day 41: ISP Notice and Notice – Mandatory Data Retention

One of Bill C-61's few good points is the notice-and-notice approach for Internet Service Provider liability. The notice and notice system involves a notification from a copyright holder – often involving movies, software or music – claiming that a subscriber has made available or downloaded content without authorization.  The ISP […]

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August 18, 2008 11 comments News

Why Notice-and-Notice Should Be Part of the Canadian DMCA

One of the few good points in the expected Canadian DMCA is likely to be Industry Minister Jim Prentice's decision to stick with a notice-and-notice approach for ISP liability.  I've described the system here.  This is the same approach that was proposed in Bill C-60 and has been used on […]

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June 6, 2008 6 comments News

The Effectiveness of Notice and Notice

The CBC runs a story today on the growing use of "notice and notice" by copyright holders.  Telus apparently sends out about a thousand notices each week, while the Business Software Alliance says it sent out 60,000 notifications to Canadians last year. These numbers are consistent with my own experience […]

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February 15, 2007 20 comments News