Columns

Courts Adopt Aggressive Approach in Cross-Border Internet Jurisdiction Cases

In a world where data now moves effortlessly between computers on the Internet without regard for geographic borders, is the appearance of a website on a computer screen sufficient for a court to claim that a trademark has been used in the country? Is the use of a computer server enough to assert jurisdiction over a non-resident? My weekly technology law column (Toronto Star version, homepage version) notes that two recent cross-border cases – one Canadian and one U.S. which both pitted a U.S. company against a Canadian individual – found that it is.

The Canadian case involved a trade-mark dispute over the mark VRBO. Martin Hrdlicka, a Toronto resident, registered the mark in Canada in 2009. Just over a year later, Homeaway.com, a U.S. company that owns the popular VRBO.com site, sought to expunge the trade-mark on the grounds that Hrdlicka was not entitled to register the mark and had no intent to use it.

Homeaway.com’s legal challenge was that the company had no operations in Canada, though many Canadians may have accessed its U.S.-based website. Trade-mark law requires some use of the mark in Canada, yet the “use” in this case was largely confined to the availability of the VRBO website on computer screens.

January 9, 2013 — 6 comments — Columns

Crystal Ball Gazing at the Year Ahead in Tech Law and Policy

Given that few would have predicted that Internet protests last year would have led to the defeat or delay of legislation in the United States (the Stop Online Piracy Act) and Canada (Internet surveillance legislation) as well as spell the end for the Anti-Counterfeiting Trade Agreement in Europe, a new round of predictions for what lies ahead amounts to little more than guesswork. With that caveat in mind, my weekly technology law column (homepage version, Toronto Star version) provides a month-by-month look at what 2013 may have in store for technology law and policy.

January. The government opens the New Year by releasing proposed anti-spam regulations with promise that the long-delayed law will take effect by 2014. The regulations leave no one satisfied as they water down the law with a host of new exceptions and exclusions that limit requirements for businesses to obtain consent before sending unsolicited marketing materials.

January 3, 2013 — 7 comments — Columns

The Letters of the Law: The Year in Tech Law from A to Z

From the remarkable battle over the Stop Online Piracy Act to the massive public backlash against Internet surveillance in Canada, law and technology issues garnered headlines all year long. A look back at 2012 from A to Z: A is for Astral, the Canadian broadcasting giant that was to be […]

December 27, 2012 — 3 comments — Columns

The Tax-Free Six Step Approach to a Digital Economy Strategy

Several months ago in a speech to the Economic Club of Canada, Industry Minister Christian Paradis promised to unveil a Canadian digital economy strategy by the end of the year. Unless there is a late December surprise, however, 2012 will end in the same manner as every other year – with Canada as one of the only developed economies without a clear plan for success in the online environment.

The digital economy strategy file – dubbed the Penske file due to years of “work” with no results – now stands an unequivocal failure. Despite a public consultation on the issue and numerous models to emulate, the government has puzzlingly been unable to develop a coherent vision for Canada’s digital future.

The government could have pointed to any number of developments – copyright reform, anti-spam legislation, research tax credit changes, a pro-consumer approach at the Canadian Radio-television and Telecommunications Commission, the forthcoming spectrum auction, and reversal of the hated Internet billing dispute – as evidence that it has been active on the issue. Yet without a clear map for the future, the efforts are understandably perceived to be a policy mish-mash without a clear target.

How to fix the digital economy strategy mess in a fiscal environment where there is little, if any, money available to pay for it? My weekly technology law column (Toronto Star version, homepage version) points to a tax-free digital economy strategy that would have six components.

December 18, 2012 — 3 comments — Columns

Secrecy the Standard as Canada Enters Trans Pacific Partnership Talks

Despite growing opposition in Canada, the Canadian government has begun formal participation in the Trans Pacific Partnership negotiations, aimed at establishing one of the world’s most ambitious trade agreements. As nearly a dozen countries – including the United States, Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, Mexico and Vietnam – gathered in New Zealand last week for the 14th round of talks, skeptics here have already expressed doubts about the benefits of the proposed deal.

Canada has free-trade agreements with the United States, Mexico, Chile and Peru, leaving just six countries – currently representing less than 1 per cent of Canadian exports – as the net gain. Moreover, the price of entry may be high, since leaked documents suggest the deal might require a major overhaul of Canadian agriculture, investment, intellectual property and culture protection rules.

While the substance of the TPP is cause for concern, my weekly technology law column (Toronto Star version, homepage version) argues the more immediate issue is the lack of transparency associated with both the negotiations and Canada’s participation in them. The talks remain shrouded in secrecy, with a draft text that is confidential; public interest groups are largely banned from the venue where the negotiations are being held.

December 12, 2012 — 8 comments — Columns