Columns

Conrad Black Case Targets Net Defamation Jurisdiction Standard

Conrad Black’s ongoing legal fight in the United States has attracted considerable attention in Canada, yet my weekly technology law column (Toronto Star version, homepage version) there is a side courtroom battle at home over alleged defamatory content on the Internet that merits closer attention. The case, named Black v. Breeden, involves postings such as press releases and reports on the Hollinger International, Inc. website that Black claims were defamatory. Several Ontario media organizations published the allegations contained in those releases.

When Black sued the company’s directors, advisers, and one company employee for defamation, the defendants in the case brought a motion to dismiss on jurisdictional grounds, arguing that Ontario was not the appropriate venue for the case since both Hollinger and Black are located in the U.S. After a judge dismissed the motion, the defendants appealed to the Ontario Court of Appeal.

In a unanimous decision this month, the appellate court upheld the ruling by the motions judge, concluding that Ontario was a suitable venue and that the defamation case could proceed.

August 30, 2010 — 14 comments — Columns

Telecom Complaints Commissioner Remains a Relative Unknown

Hockey may be Canada’s national pastime, but my weekly technology law column (Toronto Star version, homepage version) notes that complaining about the major telephone and cable companies sometimes seems like it ranks a close second. Delayed Canadian launches of the latest phones, new caps on Internet bandwidth, increased monthly subscription fees, and the entry of additional marketplace competitors all regularly attract significant media attention as consumers focus on their monthly Internet and wireless bills far more intensely than most other products and services.

Notwithstanding the public interest, the Commissioner for Complaints for Telecommunications Services toils in relative anonymity. Established in 2007, the CCTS came as part of a deregulation bargain initiated by then-Industry Minister Maxime Bernier, who deregulated many local telephone markets and established an industry-funded telecom complaints commissioner.

August 13, 2010 — 11 comments — Columns

C-32’s Fair Dealing Fears Greatly Exaggerated – Hill Times Edition

This week’s Hill Times includes my op-ed on the recent Access Copyright win at the Federal Court of Appeal and how the decision demonstrates that fears about fair dealing reform in Bill C-32 are greatly exaggerated. Text of the op-ed below.

The introduction of long-awaited copyright reform legislation has generated considerable discussion among Canadians about whether the latest bill strikes the right balance. While concern over Bill C-32’s digital lock rules has garnered the lion share of attention with expressions of concern from all opposition parties and a wide range of stakeholders, the other major issue in the bill is the extension of fair dealing – Canada’s version of fair use – to cover education, parody, and satire.

August 6, 2010 — 3 comments — Columns

U.S. Move to Pick Digital Locks Leaves Canadians Locked Out

My weekly technology law column (Toronto Star version, homepage version) picks up on last week’s DMCA exemption decision with a contrast to Bill C-32. I note that since its introduction two months ago, the government’s copyright reform package has generated widespread debate over whether it strikes the right balance. The digital lock provisions have been the most contentious aspect of the bill, with critics fearing that anytime a digital lock is used, it would trump virtually all other rights.

Supporters of the C-32 digital lock approach have sought to counter the criticism by arguing that the Canadian provisions simply mirror those found in other countries such as the United States. Yet last week, the U.S. introduced changes to its digital lock rules that leave Canada with one of the most restrictive approaches in the world.

August 3, 2010 — 58 comments — Columns

Digital TV Transition Could Lead to New Digital Divide

In just over one year, Canada is scheduled to complete the digital television transition, as stations switch from analog to digital broadcasts. While cable and satellite subscribers will not notice the change, over one million Canadians that rely on over-the-air signals will be affected. Despite the experience in other countries that left many consumers without digital converter boxes staring at blank screens, my weekly technology law column (Toronto Star version, homepage version) argues the Canadian government seems content to leave the switch to the private sector, implausibly claiming “industry-led solutions will ensure a smooth transition for consumers.”

July 29, 2010 — 17 comments — Columns