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Canadian Arbitrator Overturns Dismissal Over Employee Email Usage

A Canadian labor arbitrator has overturned a decision by a government department to fire six employees who swapped pornographic emails at work. The arbitrator ruled the employer lacked sufficient cause for the firings. Professor Geist comments on the shifting standards under Canadian law for workplace computer surveillance. see: CAIP v. […]

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July 13, 2004 Comments are Disabled News

Canadian Supreme Court Opens Up Second Copyright Balance

Professor Geist's latest Toronto Star Lawbytes column (Toronto Star version, HTML backup article, homepage version) examines last week's Supreme Court of Canada Tariff 22 decision. The column argues that the case may damage the music industry's strategy of suing individual file sharers as one member of the court offered a […]

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July 6, 2004 Comments are Disabled Columns

Using Tariff 22 Decision To Sue Offshore Sites

The National Post features a story today on recording industry plans to use the Tariff 22 decision as the basis for suits against offshore sites. Professor Geist comments that similar suits against Grokster in the U.S. have succeeded on jurisdictional grounds but failed to show copyright infringement. see: CAIP v. […]

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July 2, 2004 Comments are Disabled News

More on the Tariff 22 Decision

The Canadian media provides full coverage of the Tariff 22 decision with perspectives from all sides. Professor Geist appeared on CBC, CTV, CBC Newsworld and in the pages of Globeandmail.com, CNET, the Toronto Star, and Vancouver Sun commenting on the implications of the case. see: CAIP v. SOCAN also see: […]

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July 1, 2004 Comments are Disabled News

Supreme Court Issues Tariff 22 Decision

The Canadian Supreme Court issued the long-awaited Tariff 22 decision this morning. The court allowed the appeal, overturning a Federal Court decision to impose liability on ISPs for caching of content. The case also has a key jurisdictional element as the court ruled that there may be liability under Canadian […]

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June 30, 2004 Comments are Disabled News