University of Toronto law professor Lisa Austin has a Globe op-ed on lawful access that highlights the difference between phone book data and Internet data likely captured by the forthcoming legislation.
Archive for December, 2011
Anti-circumvention rules should not apply in non-infringing circumstances, so they do not inadvertently impede ongoing research and innovation. The risk is in harming emerging Canadian digital security companies, and putting a “liability chill” on research in this area.
My weekly technology law column (Toronto Star version, homepage version) notes the cases feature a who’s who of the Canadian copyright and communications world with the Entertainment Software Association of Canada (ESAC), Canadian Recording Industry Association, Apple, Bell Canada, Rogers Communications, and leading copyright collectives such as SOCAN and Access Copyright among the litigants.
The common theme among the cases is that they all originate with the Copyright Board of Canada. Whether the board is asked to establish tariffs for the communication of music or the copying of materials in schools, its decisions have become highly contested and invariably subject to judicial review.
It is possible that the Supreme Court is chiefly interested in the administrative law issues raised by the board rather than substantive copyright questions. Should it choose to wade into the copyright concerns, however, two issues jump out as the key ones.
Appeared in the Toronto Star on December 4, 2011 as Copyright in the Balance at the Supreme Court For most of the past hundred years, the Supreme Court of Canada heard the occasional copyright case with significant cases popping up once every ten or twenty years. That started to change […]
The Globe’s John Ibbitson on why the government has not made the case for lawful access. Ibbitson reports that the lawful access legislation will be bundled into a single bill to be introduced later this month or early next year. Public Safety Minister Vic Toews issues a non-responsive response, as […]