Stop ACTA 9 by Martin Krolikowski (CC BY 2.0) https://flic.kr/p/bs3VmD

Stop ACTA 9 by Martin Krolikowski (CC BY 2.0) https://flic.kr/p/bs3VmD

ACTA

Can’t Blame Canada For Counterfeiting

Appeared in the Toronto Star on March 5, 2007 as Piracy in Canada Noise Getting Tiresome Based on recent media coverage, people unfamiliar with Canada could be forgiven for assuming that all Canadians sport pirate eye-patches while searching for counterfeit treasure.  The "Canada as a piracy haven" meme has been […]

Read more ›

March 5, 2007 1 comment Columns Archive

Counterfeit Claims

CRIA's Graham Henderson was back in the spotlight yesterday with a speech delivered on behalf of the Canadian Anti-Counterfeiting Network at the Economic Club of Toronto understatedly titled "Canada Awash in Piracy" An Action Plan to Secure Our Prosperity".  The speech, which has yet to be posted online (then again, CRIA has not posted a release or a speech since last September), followed the usual CRIA formula:

  • law firm sponsors to help fill the room (McCarthy Tetrault)
  • a questionable Pollara study (this one focused on Canadians' appetite for counterfeit goods)
  • cracks at law professors ("we don't have a [piracy party] here yet but there are rumours that some law professors are putting one together")
  • an astonishingly critical portrayal of Canada and Canadian policy makers (Canada has "a poorly developed marketplace framework for intellectual property rights", low Canadian attendance at a WIPO counterfeiting conference was "a grievous oversight and it sends a disturbing message", etc.)

There are several issues worth noting about the speech.  First, I don't know many people who are in favour of commercial counterfeiting.  If the allegations regarding organized crime involvement and health and safety issues (counterfeit pharmaceuticals, batteries, toys) are even partially true, Canada should have a legal system to address these concerns. Henderson suggested several reforms (trademark reform, customs powers) that would likely prove relatively uncontroversial in that regard.

The problem with this latest campaign is that it massively overstates the problem and seeks to conflate commercial counterfeiting with other activities that are not nearly as problematic.

Read more ›

February 28, 2007 10 comments News

The Lasting Impact of Sony’s Rootkit

My weekly Law Bytes column (Toronto Star version, freely available version, update: the BBC features an internationalized version) examines the controversy surrounding the Sony rootkit and its use of digital rights management. While in the short-term one of the world's best-known brands has suffered enormous damage, the longer-term implications are […]

Read more ›

November 20, 2005 3 comments Columns

Harry Potter and the Right to Read

My latest Law Bytes column (Toronto Star version, freely available hyperlinked version) brings together two Canadian copyright stories from last week that demonstrate the damage that can occur when copyright law goes awry.  The first is well known: the very disturbing Harry Potter court order which barred Canadians from reading […]

Read more ›

July 17, 2005 8 comments Columns