Articles by: Michael Geist

Gutenberg Galaxy by Marshall McLuhan by no_typographic_man (CC BY-NC-ND 2.0) https://flic.kr/p/8hhvER

Registration for Extension: My Submission to the Copyright Term Extension Consultation

Earlier this year, the Canadian government launched a timid consultation on copyright term extension. After years of rejecting copyright term extension beyond the international law standard of life of the author plus 50 years, the Canadian government caved to pressure from the United States by agreeing to the equivalent of life of the author plus 70 years in the U.S.-Canada-Mexico Trade Agreement (USMCA). With a 30 month transition period to allow for consultation, this represents an opportunity to mitigate against the harms of term extension.

I submitted my response last night and it is posted here. The submission cites a wide range of experts – including Justice Minister David Lametti and former US Register of Copyrights Maria Pallante for the proposition that registration for the additional 20 years is not only permissible under international law, it is desirable.  I also include a lengthy appendix of the some of the Canadian authors and leaders whose works will not enter the public domain if term is extended. These include Gabrielle Roy, Marshall McLuhan, Margaret Laurence, Louis St. Laurent, John Diefenbaker, Tommy Douglas, René Lévesque, Jean Lesage, John Robarts, and Bora Laskin.

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April 1, 2021 — 4 comments — Committees, News
botnet by Nicolas Nova https://flic.kr/p/NR9Htb (CC BY-NC 2.0)

The Law Bytes Podcast, Episode 82: Jonathan Curtis on the CRTC’s Push to Block Botnets

The Canadian technology community has a long history of working together with government and regulators to counter online harms such botnets, spam, and malicious hacking. It therefore came as a surprise when the CRTC launched a consultation on addressing botnets that raised the possibility of the regulator stepping in with new blocking mandates. The consultation just completed its first round of comments and in addition to industry experts, there were others that opportunistically looked at the blocking discussion as the chance to promote copyright related blocking or other Internet blocking requirements.

Jonathan Curtis has been at the heart of battling botnets and online harms for decades with work at Bell, the CRTC, and leading security companies. He joins the Law Bytes podcast in a personal capacity to place the online security challenges in historical context and to outline both the benefits and risks that come from the potential blocking approaches raised by the CRTC.

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March 29, 2021 — 1 comment — Podcasts
175th Wing Airmen Receive COVID-19 Vaccine by Maryland National Guard https://flic.kr/p/2kvjBuz (CC BY-ND 2.0)

The Law Bytes Podcast, Episode 81: Why Isn’t Canada Supporting a Proposal to Help Developing Countries Gain Access to COVID-19 Vaccines?

As countries around the globe work to get their citizen vaccinated against COVID-19, a battle over intellectual property rules has emerged at the World Trade Organization. Last year, Canada passed legislation designed to ensure that patents would not pose a barrier to securing supplies of a vaccine or treatment. A year later, developing countries around the world have looked to the WTO to develop similar standards through a waiver process that would speed up access to, and production of, vaccines. Yet the proposal has run into opposition at the WTO, including from Canada.

Thiru Balasubramaniam is the Geneva Representative of Knowledge Ecology International, where he works on IP, health, and trade issues at the WTO, WIPO, and World Health Organization. He joins the Law Bytes podcast to discuss the recent developments at the WTO, the position of developed countries such as Canada, and what this means for global access to critical vaccines.

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March 22, 2021 — 5 comments — Uncategorized
Blocked websites by Tactical Technology Collective https://flic.kr/p/8KDGTc (CC BY-SA 2.0)

Blocking is Back: Why Internet Blocking is the Next Big Canadian Policy Battle

In early 2018, Bell led a consortium of companies and organizations arguing for the creation of a new website blocking system in Canada. Complete with a new anti-piracy agency and CRTC stamp of approval, the vision was to create a new system to mandate site blocking across ISPs in Canada. Canadians challenged the so-called FairPlay proposal and the CRTC rejected the Bell application on jurisdictional grounds. Since that time, the Canadian courts have been dealing with site blocking requests (the Federal Court of Appeal is soon set to hear arguments on the issue) and the Canadian copyright review conducted by the Standing Committee on Industry, Science and Technology decided against recommending the creation of a new administrative system for site blocking.

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March 17, 2021 — 31 comments — News
IMG_0050 by Rory (CC BY 2.0) https://flic.kr/p/fKpEr4

Higher Prices, Less Competition: Some Reflections on the Proposed Rogers – Shaw Merger

Having spent a good chunk of Monday talking to reporters about the proposed Rogers merger with Shaw, I thought it might be worth highlighting my initial three takeaways. First – and this is stating the obvious – the deal will result in higher prices and less competition. There is no need to overthink any of this. Removing a company that some have touted as the best chance at a viable national fourth carrier would leave some of Canada’s biggest markets (notably Ontario, Alberta, and B.C.) without a much needed competitor. Canadians already pay some of the highest prices for wireless services in the world and if this merger is approved, the situation will only get worse. Indeed, when Rogers promises that it will not raise prices for Shaw/Freedom Mobile customers for three years, it is effectively committing to raising them as soon as the clock runs out on that timeline.

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March 16, 2021 — 10 comments — News
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