Post Tagged with: "technological neutrality"

Supreme Court Shakes the Foundations of Canadian Copyright Law

Appeared in the Toronto Star on July 15, 2012 as Supreme Court Shakes the Foundations of Copyright Law Copyright cases only reach the Supreme Court of Canada once every few years, ensuring that each case is carefully parsed and analyzed. Last week, the court issued rulings on five copyright cases […]

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July 20, 2012 Comments are Disabled Columns Archive

Beyond Users’ Rights: Supreme Court Entrenches Technological Neutrality as a New Copyright Principle

Last week, I posted on the significance of the Supreme Court of Canada’s five copyright decisions with an emphasis on the shift from fair dealing to fair use. This week, I have several additional posts planned including one on the implications for Access Copyright as well as a broader examination of how the court has elevated users’ rights within Canadian copyright law. This post focuses on the second major development in the cases: the articulation of technological neutrality as a foundational principle of Canadian copyright. The technological neutrality principle could have an enormous long-term impact on Canadian copyright, posing a threat to some copyright collective tariff proposals and to the newly enacted digital lock rules.

The technological neutrality principle is discussed in several cases, but gets its most important airing in the Entertainment Software Association of Canada v. SOCAN decision. The majority of the court states:

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July 16, 2012 11 comments News