Voltage Pictures, which previously engaged in a lengthy court battle to require Canadian ISPs to disclose the names of alleged file sharers, has adopted a new legal strategy. This week, the company filed an unusual application in federal court, seeking certification of a reverse class action against an unknown number of alleged uploaders of five movies using BitTorrent (The Cobbler, Pay the Ghost, Good Kill, Fathers and Daughters, and American Heist). The use of reverse class actions is very rare in Canada (only a few have been reported). There were attempts to use the mechanism in copyright claims in the U.S. several years ago without success.
The Voltage filing seeks certification of the class, a declaration that each member of the class has infringed its copyright, an injunction stopping further infringement, damages, and costs of the legal proceedings. Voltage names as its representative respondent John Doe (linked to a Rogers IP address). It admits that it does not know the names or identifies of any members of its proposed class, but seeks to group anyone in Canada who infringed the copyright on one of the five movies. Voltage does not say how many people it has identified as infringing its copyright. It urges the court to issue an order to stop the infringement and to assess damages to be paid by each person.
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Today is World IP Day, which marks the creation of the World Intellectual Property Organization. Canadian policy has long preferred the use of international bodies like WIPO to advance its IP objectives, yet the intellectual property provisions in recently concluded trade deals such as the TPP and CETA run counter to Canadian strategy. That isn’t just the opinion of the many critics of those agreements. It is what government officials told International Trade Minister Chrystia Freeland as part of her briefing materials.
The briefing document on intellectual property and the trade agenda, released under the Access to Information Act, leaves little doubt that trade officials are well aware that the Canadian position on IP in the TPP is inconsistent with our preferred position and that it will lead to IP trade deficits. The document states:
Canada’s preferred strategy is to establish international IP rules through multilateral forums such as the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). However, in the context of the Canada-EU Comprehensive Economic Trade Agreement (CETA) and the Trans-Pacific Partnership (TPP), Canada negotiated trade obligations that, while reflective of recent domestic reforms, are beyond those standards set through multilateral forums, and which will likely require amendments to domestic practice, such as in the areas of geographical indications (GIs) and patent protection for pharmaceuticals.
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With one week still remaining in the federal telecommunications regulator’s hearing focused on the state of Internet access in Canada, the process has taken a surprising turn that ultimately cries out for leadership from Navdeep Bains, the Minister of Innovation, Science, and Economic Development.
Jean-Pierre Blair, chair of the Canadian Radio-television and Telecommunications Commission (CRTC), opened the hearing two weeks ago with a warning: even if an ideal speed target could be identified, there was no guarantee of regulatory action. Blais urged participants not to confuse “wants” with “needs”, a framing that suggested the goal of the hearing was to identify the bare minimum Internet service required by Canadians.
My weekly technology law column (Toronto Star version, homepage version) notes that the remarks attracted immediate headlines that the Commission would not guarantee basic Internet speeds. The CRTC insists that only comments on the public record count, but it is obvious that the commissioners pay close attention to media commentary and social media postings.
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Appeared in the Toronto Star on April 24, 2016 as Plan for Universal Internet Needs Real Leadership With one week still remaining in the federal telecommunications regulator’s hearing focused on the state of Internet access in Canada, the process has taken a surprising turn that ultimately cries out for leadership […]
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As the political world was focused on the Liberal government’s inaugural budget last month, Navdeep Bains, the Minister of Innovation, Science and Economic Development, introduced his first bill as minister by quietly moving ahead with plans to reform Canadian copyright law to allow for the ratification of an international treaty devoted to increasing access to copyrighted works for the blind.
The World Intellectual Property Organization’s Marrakesh Treaty expands access for the blind by facilitating the creation and export of works in accessible formats to the more than 300 million blind and visually impaired people around the world. Moreover, the treaty restricts the use of digital locks that can impede access, by permitting the removal of technological restrictions on electronic books for the benefit of the blind and visually impaired.
My weekly technology law column (Toronto Star version, homepage version) notes that the Canadian decision to ratify the Marrakesh Treaty is long overdue. The Conservatives announced plans to do so in last year’s budget but waited to table legislation days before the summer break and the election call. With that bill now dead, the Liberals have rightly moved quickly to revive the issue.
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