The British Columbia Supreme Court today dismissed with costs one of the Crookes libel lawsuits. The suit against Yahoo!, MySpace and a group of individual defendants, which centred on postings on a Yahoo Groups forum, was dismissed on jurisdictional grounds. Yahoo successfully argued that it was not subject to B.C. jurisdiction in this case since it has no offices in Canada (as opposed to Yahoo Canada), is not registered to do business in Canada, and does not maintain servers for Yahoo Groups in Canada.
Given the lack of connection to Canada, the court ruled that Crookes needed to demonstrate that the alleged defamation was committed here. In order to do so, he needed to show that the allegedly defamatory postings were "accessed, downloaded, and read by someone in British Columbia." The judge concluded that Crookes failed to tender such evidence and therefore dismissed the case. Other arguments - including a real and substantial connection analysis or the jurisdictional clause in the Yahoo terms of use were not addressed by the court.
The National featured a lengthy report on Internet libel last night focusing on the Zeke's Gallery and Crookes' cases. The story, which did an excellent job of highlighting the core issues, has posted by LibelChill.ca on YouTube. I'm featured in the piece and wrote about these concerns earlier this year.
There are several reports (here, here, and here) that Wayne Crookes, who previously launched suits against a wide range of parties including Wikipedia, Yahoo, and a domain name registrar, has sued me in B.C. courts for defamation. I have not been served with the suit, but the reports indicate that I am being sued for an allegedly defamatory third party comment on my site that I took down and for writing about, and linking to, P2PNet.net, which in turn linked to another site that allegedly contained a defamatory posting. In other words, I'm reportedly being sued for maintaining a blogroll that links to a site that links to a site that contains some allegedly defamatory third party comments.
The Standing Committee on Access to Information, Privacy, and Ethics has released its study on privacy and social media.
The report includes recommendations for new Privacy Commissioner
guidelines. The NDP supplemented those recommendations with nine
additional legislative proposals that include mandatory security breach
disclosure, order making power for the Privacy Commissioner of Canada,
and the inclusion of privacy issues as part of a national digital
economy strategy.Apr.23/13Comments (1)
The federal government has responded
to a question from MP Charlie Angus on privacy and security breaches by
revealing that there have been thousands of breaches over the past
decade. The stunning response acknowledges over 3,000 breaches that have
affected over a million Canadians.Apr.23/13Comments (0)
The debate over the state of wireless competition in Canada continues to rage. Last week, I appeared on CBC's The Current,
as part of a 30 minute segment devoted to the wireless industry. The
issue was also discussed during Question Period at the House of Commons,
with Industry Minister Christian Paradis focusing on competition and consumers:
We want to enhance competition and investment in this country, and
this is why we adopted this policy back in 2008 for the AWS spectrum.
Let me say that the price went down by an average of 11% since then, and
we will continue this way with the 700 megahertz spectrum. We launched
consultation with the industry to make sure that we enhance competition
and provide better choice and better rates for our consumers.
OpenMedia has an interesting post
that takes a close look at the claim that the large Canadian geography
is responsible for high cell phone prices. The post notes that coverage
actually focuses on as little as 20 percent of the country. Apr.22/13Comments (0)
Ted Menzies, the Minister of State for Finance, yesterday delivered a talk
on the Canada - EU Trade Agreement that marked an important shift in
the government's rhetoric on the agreement. Aside from a bizarre
reference to the value of the agreement being $17 trillion dollars
(total Canadian GDP is $1.8 trillion), the talk is most notable from the
move away from promising swift completion of the agreement. After years
of setting missed deadlines, Menzies now says there is no deadline for
completion, suggesting that the government is beginning to hedge on
whether there even will be a deal. I wrote about the prospect of the agreement dying altogether last month.Apr.11/13Comments (0)
Peter Nowak is back with another thorough debunking of many of the wireless myths about the competitiveness of the Canadian market. Apr.11/13Comments (0)
Peter Nowak has a great post
that takes another look at the state of the Canadian wireless market.
Nowak uses the latest data from Bank of America Merrill Lynch Wireless
Matrix to find that the Canadian carriers' ARPU ranks as the highest in
the world, that profit margin is the fifth highest in the world, and
that Canada's smartphone penetration is not nearly as strong as some
suggest.Mar.18/13Comments (2)
The European Commission's Joint Research Centre has released a report that finds that online music piracy does not harm sales. The report
examined the browsing habits of more than 16,000 European consumers. It
found that an increase in clicks on infringing sites led to a small
increase in clicks on authorized music sales sites.Mar.18/13Comments (2)
The National Post has a disturbing story on a new code of conduct at Library and Archives Canada, which appears to muzzle librarians, going so far as to describe teaching or speaking at conferences as "high risk".Mar.18/13Comments (7)
Last week I wrote about the National Post seeking $150 licences for posting short
excerpts online. It appears that the paper has now dropped the system.
