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    Rogers Launches Advocacy Campaign on Spectrum Auction

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    Friday September 23, 2011
    Rogers has launched a new public advocacy campaign on the forthcoming spectrum auction.  Linking the roll-out of its LTE to the auction, Rogers warns that set-asides for new entrants "would be a recipe for leaving Canada behind the rest of the world, stalling Canadian innovation and limiting who can access LTE." The website includes a form letter to be emailed to Industry Minister Christian Paradis and the individual's local MP, asking them to "support a fair and open auction for the 700 spectrum. It’s best for our economy. It’s best for Canada."

    What Rogers doesn't say is that the last spectrum auction, which featured a set-aside for new entrants, had the effect of bringing new entrants such as Wind Mobile and Mobilicity into the marketplace and reducing the costs of wireless services for all Canadians. It also doesn't mention that foreign investment restrictions mean the auction is not truly open or that Rogers is sitting on a huge amount of unused spectrum. What Canada really needs is another set-aside combined with the removal of foreign investment restrictions, thereby paving the way for an open market and the entry of deep-pocketed competitors to provide more effective competition for wireless broadband services.
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    Ellis on Rogers Game Throttling

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    Thursday September 22, 2011
    David Ellis has a must-read post on Rogers game throttling and the lack of action by the CRTC. The post comes as the CRTC prepares to issue updated guidelines on net neutrality complaints.
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    CRTC Tells Rogers To Stop Slowing Down Speeds of Online Games

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    Monday September 19, 2011
    The CRTC has written to Rogers giving just over a week to address ongoing concerns that its throttling practices are slowing down online gaming in violation of the Commission's Internet traffic management practices.  The Commission plans to release new guidance on these complaints this week.
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    BC Court Rules Rogers' Zoocasa Real Estate Site Infringed Copyright, Breached Terms of Use

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    Thursday September 08, 2011
    The B.C. Supreme Court has issued a lengthy ruling against Rogers Communications and its real estate search site, Zoocasa. The case originates from Century 21's objections to Zoocasa's scraping of its real estate listings and incorporating them into its own site. Zoocasa scraped the full listings for several months starting in August 2008, but in November 2008 switched to "truncated" descriptions that provide only basic information. In August 2009, Zoocasa began "framing" other sites, but it stopped that practice in December 2009.  Zoocasa stopped indexing Century 21 listings in 2010.

    The decision includes many important findings on online contracts, trespass, and copyright. The court canvasses the law of online contracts and concludes that website terms of use can be enforceable.  In this particular case, Century 21's terms prohibited copying or scraping its content. By doing so, Zoocasa breached the contract. The court awarded $1,000 in damages for the breach. Note that the court even finds that continuing to link to the Century 21 site (a practice prohibited by Century 21 once it provides notice) was a breach of the contract.


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