Columns

The Truth About Pirates and Profits: A Market Failure, Not Legal One

Trademark and copyright holders frequently characterize piracy as a legal failure, arguing that tougher laws and increased enforcement are needed to stem infringing activity. But my weekly technology law column (Toronto Star version, homepage version) notes that a new global study on piracy, backed by Canada’s International Development Research Centre, comes to a different conclusion. Following several years of independent investigation in six emerging economies, the report concludes that piracy is chiefly a product of a market failure, not a legal one.

March 22, 2011 — 17 comments — Columns

Internet Governance Battle Heats Up as Governments Demand Greater Powers

A simmering battle over governance of the Internet is set to take centre stage in California this week as the Internet Corporation for Assigned Names and Numbers (ICANN), a California-based non-profit corporation charged with the principal responsibility for maintaining the Internet’s domain name system, holds one of its regular meetings in Silicon Valley.

My weekly technology law column (Toronto Star version, homepage version) notes that since its creation in 1998, ICANN has faced a wide range of critics – Internet users frustrated at the lack of accountability, business groups concerned that the policy making process is too slow and uncertain, and governments wondering why matters related to the Internet are vested in a private organization and not an entity such as the United Nations.

March 14, 2011 — 7 comments — Columns

Do We Still Need Foreign Ownership Restrictions in Canadian Broadcasting?

In recent weeks, a political consensus has begun to emerge on the benefits of removing restrictions on foreign ownership in the telecommunications sector. My weekly technology law column (Toronto Star version, homepage version) notes that implementing such reforms faces at least one major political stumbling block that is only tangentially related – the spillover effect onto the broadcasting sector.

As Canadian telecom operators, broadcasters, and broadcast distributors become single entities – Rogers combined with City-TV, Quebecor’s ownership of Videotron, Sun Media, and Groupe TVA, Shaw having purchased Canwest Global, as well as Bell in the process of merging with CTVglobemedia – the biggest hurdle may well be fears about the cultural impact of opening up telecom companies to foreign buyers.

While the link between broadcasting and Canadian culture is obvious, the connection between Canadian broadcasting ownership and Canadian culture is tenuous at best.

March 10, 2011 — 59 comments — Columns

U.S. Government Funding For Open Education Materials a “Game Changer”

The technology community is fond of referring to announcements that fundamentally alter a sector or service as a “game changer”. Recent examples include the debut of the Apple iTunes store in 2003, which demonstrated how a digital music service that responds to consumer demands was possible, and Google’s Gmail, which upended web-based email in 2004 by offering 1 gigabyte of storage when competitors like Microsoft’s Hotmail were providing a paltry 2 megabytes.

My weekly technology law column (Toronto Star version, homepage version) recently covered the U.S. government announcement of its own game changer, though it attracted far less attention than iTunes or Gmail. Led by the Departments of Labor and Education, it committed US$2 billion toward a new program to create free online teaching and course materials for post-secondary programs of two years or less.

March 9, 2011 — 24 comments — Columns

Spectrum Consultation Could Form Cornerstone of Digital Policy for Next Decade

As public frustration with the state of telecommunications services such as Internet access and wireless competition mounts, a relatively obscure government consultation on spectrum deserves far more attention. Last November, Industry Canada released a Consultation on a Policy and Technical Framework for the 700 MHz Band and Aspects Related to Commercial Mobile Spectrum. While the title alone is likely enough for most to look elsewhere, my weekly technology column (Toronto Star version, homepage version) notes that no issue will have a greater impact on the next ten years of Canadian digital policy.

February 22, 2011 — 12 comments — Columns