Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

This site contains blocked messages by Banksy by Duncan Hull https://flic.kr/p/nDggUx (CC BY 2.0)

The LawBytes Podcast, Episode 35: Allen Mendelsohn on Canada’s Copyright Site Blocking Saga

Site blocking has been on the policy and regulatory radar screen for several years in Canada, starting with the Bell-led Fairplay proposal to the CRTC and demands for site blocking as part of the copyright review. With both the CRTC and elected officials rejecting site blocking proposals, rights holders have turned to the courts. Last month, a Federal Court of Canada judge issued a major website blocking decision granting a request from Bell, Rogers, and Groupe TVA to block access to a series of GoldTV streaming websites.

The case is an important one, representing the first extensive website blocking order in Canada. I’ve argued that it is also deeply flawed from both a policy and legal perspective, substituting the views of one judge over Parliament’s judgment and relying on a foreign copyright case that was rendered under markedly different legal rules than those found in Canada. Allen Mendelsohn, a Montreal based Internet lawyer and sessional lecturer at McGill University joins the podcast this week to help sort through the issues.

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December 9, 2019 4 comments Podcasts
GoldTV.biz block

Canadian Copyright Website Blocking Underway As TekSavvy Appeals Federal Court Ruling

Last week I wrote about a federal court ruling that opened the door to copyright website blocking in Canada without Parliament establishing site blocking rules or the involvement of the CRTC. The decision is flawed from both a policy and legal perspective, substituting the views of one judge over Parliament’s judgment and relying on a foreign copyright case that was rendered under markedly different legal rules than those found in Canada. I concluded by noting that the case should be appealed and just over a week later, TekSavvy, the independent ISP that stood alone in contesting the blocking order, did just that. Even as the appeal was launched, however, the major Canadian ISPs began blocking access to the specific webpages identified in the court order.

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November 26, 2019 6 comments News
Is your culture made of gold or fool's gold? by opensource.com (CC BY-SA 2.0) https://flic.kr/p/8pHJNc

Fool’s Gold: Why a Federal Court Judge Was Wrong To Issue a Website Blocking Order Against GoldTV

A Federal Court of Canada judge issued a major website blocking decision late Friday, granting a request from Bell, Rogers, and Groupe TVA to block access to a series of GoldTV streaming websites. The order covers most of the Canada’s large ISPs: Bell, Eastlink, Cogeco, Distributel, Fido, Rogers, Sasktel, TekSavvy, Telus, and Videotron. The case is an important one, representing the first extensive website blocking order in Canada. It is also deeply flawed from both a policy and legal perspective, substituting the views of one judge over Parliament’s judgment and relying on a foreign copyright case that was rendered under markedly different legal rules than those found in Canada.

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November 19, 2019 12 comments News
David Graham, ParlVU screenshot

The LawBytes Podcast, Episode 32: Reflections from the Open Source Member of Parliament – A Conversation with Ex-MP David Graham

David Graham was not your typical Member of Parliament. A Liberal MP from the Quebec riding of Laurentides-Labelle, Graham brought a background in open source issues to Parliament Hill. Over his four years as an MP, Graham was seemingly everywhere when it came to digital policy. Whether in the House of Commons talking net neutrality, the Industry committee copyright review or the Ethics committee work on privacy, Graham emerged as the rare MP equally at home in the technology and policy worlds. Graham’s bid for re-election fell short, but this week he joins the Lawbytes podcast to reflect on his experience in Ottawa with thoughts on copyright, privacy, technology policy, and the use of digital tools for advocacy purposes.

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November 18, 2019 1 comment Podcasts
Danger: High Voltage by Rhys A (CC BY 2.0) https://flic.kr/p/8jQYkS

Federal Court Short-Circuits Voltage Pictures’ Canadian File Sharing Class Action Copyright Lawsuit Strategy

The Federal Court of Canada has strongly rejected an attempt by Voltage Pictures, one of Canada’s most litigious copyright companies, to use a reverse class action lawsuit approach to sue potentially thousands of Canadians. The court ruled that Voltage met none of the requirements for class action certification and in the process confirmed doubts that merely pointing to an IP address is sufficient grounds for a copyright infringement claim. The Voltage strategy was launched in 2016 as it sought certification of the class, a declaration that each member of the class had infringed its copyright, an injunction stopping further infringement, damages, and costs of the legal proceedings (the issues were discussed in this Lawbytes podcast episode with James Plotkin).

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November 14, 2019 11 comments News