Columns

Hurt Locker File Sharing Lawsuits Put the Hurt on Everyone

File sharing lawsuits involving the movie the Hurt Locker have been big news in the United States for months as tens of thousands of lawsuits have been filed against individuals alleged to have illegally downloaded the movie. The lawsuits have now made their way into Canada as the Federal Court of Canada has ordered the identification of subscribers at Bell Canada, Cogeco, and Videotron who face similar copyright infringement claims.

Late last month the court ordered the three ISPs to disclose the names and addresses of subscribers linked to IP addresses alleged to have copied the movie. The ISPs complied last week as lawyers for the Hurt Locker copyright owner moved to have their case treated as a “specially managed proceeding” that would put the case on a rocket docket.

My weekly technology law column (Toronto Star version, homepage version) argues the lawsuits hurt seemingly everyone.

September 19, 2011 — 67 comments — Columns

Digital Issues Largely Missing From Ontario Election Campaign

The Ontario election campaign kicked off last week with the Liberals, Progressive Conservatives, and NDP promoting their policy platforms and quickly jumping into debates on the economy, health care and education. While the dominance of those three issues is unsurprising, my weekly technology law column (Toronto Star version, homepage version) notes those Ontarians hoping for some discussion of digital policy were bound to be a bit disappointed.

The Liberal platform references the importance of jobs in the technology and media sectors, but offers little else on the digital economy. The Progressive Conservatives are the only party to make a commitment to open government – their platform follows developments in many other jurisdictions that pledge to make government data more readily available for public use – but other digital issues are ignored. The NDP makes no reference to digital policies at all.

The federal government tends to lead on digital policies, though its much-anticipated digital economy strategy is months overdue. Yet for constitutional reasons that grant the provinces jurisdiction over property and civil rights, many important issues fall to the provinces.

September 13, 2011 — 11 comments — Columns

New Wikileaks Docs Show Ex-Minister Bernier Offered To Leak Copyright Bill to U.S.

Copyright, U.S. lobbying, and the stunning backroom Canadian response gets front page news treatment today as the Toronto Star runs my story on new revelations on copyright from the U.S. cables released by Wikileaks. The cables reveal that former Industry Minister Maxime Bernier raised the possibility of leaking the copyright bill to U.S. officials before it was to be tabled it in the House of Commons, former Industry Minister Tony Clement’s director of policy Zoe Addington encouraged the U.S. to pressure Canada by elevating it on a piracy watch list, Privy Council Office official Ailish Johnson disclosed the content of ministerial mandate letters, and former RCMP national coordinator for intellectual property crime Andris Zarins advised the U.S. that the government was working on a separate intellectual property enforcement bill.

The disclosures are particularly relevant since Parliament is set to resume in several weeks with the reintroduction of a copyright reform bill slated to be one of the government’s top priorities. The bill is expected to mirror Bill C-32, the previous copyright package that died with the election in the spring.

September 3, 2011 — 42 comments — Columns

Questions Abound As Digital TV Transition Deadline Arrives

Canada was scheduled to complete the digital television transition today, with stations switching their over-the-air broadcast signals from analog to digital. The transition represented a tremendous opportunity to advance the Canadian digital agenda leading to higher quality digital over-the-air broadcasts, freed-up spectrum that could be used to facilitate greater telecom competition, and the promise of billions in new revenues to fund a national digital strategy.

Yet despite the promise of the transition, my weekly technology law column (Toronto Star version, homepage version) argues the near-total absence of policy and political leadership has led to a digital disappointment. Some broadcasters will complete the transition on time, but the CBC has been granted a one-year delay. There has been minimal publicity about the change, which may leave some Canadians without television access by the end of the week. To make matters worse, the government has thus far failed to articulate a policy on how the freed-up spectrum will be auctioned and how the revenues will be allocated.

August 31, 2011 — 10 comments — Columns

RIM’s Woes Partly Based on Canadian Telecom Policy

The past year has not been kind to Research in Motion Ltd., Canada’s leading technology company. The Waterloo-based maker of the BlackBerry smartphone has seen its share price nosedive in the wake of less than stellar launches of new products such as the Playbook, disappointing earnings guidance, and plans to cut its global workforce.

The company is still profitable – it earned $695 million on revenue of $4.9 billion in its last quarter – yet some have begun to speculate on whether the Canadian government should step in to “save” RIM from the fate that befell Nortel Networks Corp., the last great Canadian technology company which filed for bankruptcy two years ago.

Given that RIM remains profitable, it seems premature to suggest that the government can or should do much of anything to assist it. The company faces mounting criticism over its product lines and its failure to address the competitive threats from Apple Inc. and Google Inc., business issues that lie beyond the expertise or mandate of government policy makers.

While RIM’s current problems can’t be solved by government policy, my weekly technology law column (Toronto Star version, homepage version) some of its shortcomings may be a product of Canadian policy [note not all – there is lots of blame to go around]. Indeed, RIM is the quintessential Canadian technology company, reflecting the market’s strengths and weaknesses [note that I recognize that Canadian revenues are a small part of the RIM’s overall revenues. However, the majority of its executives and workforce are Canadian. It is a company born out of a Canadian culture and market environment].

August 23, 2011 — 39 comments — Columns