Columns

Geo-Blocking Sites a Business Rather Than Legal Issue

The Internet was once viewed as a “borderless” world that had little regard for the physical location of users. That sentiment likely seems outdated today to many Canadian Internet users who have grown accustomed to clicking on links for audio or video services only to be advised that the content, site or service is not available in their area.

My weekly technology law column (Toronto Star version, homepage version) notes that “geo-blocking” has become standard practice among broadcasters, sports leagues, and music services that use technologies to identify the likely location of an Internet user in real-time and block the content in some circumstances. From World Cup broadcasts to Hulu.com (a popular U.S. video site) to Spotify (a European music service), Canadians often find themselves unable to access content and unsure who is to blame.

While some have misleadingly suggested that outdated laws are the reason behind the blocking, the reality is that geo-blocking is invariably a business issue, not a legal one. Indeed, geo-blocking occurs worldwide – U.S. residents are similarly unable to use Spotify and are blocked from accessing the CBC’s streaming coverage of the World Cup. Rather than a reaction to older laws, the geo-blocking approach is actually an attempt to preserve an older business model, namely content licencing on a country-by-country or market-by-market approach [note that I say older, not outdated – territorial licencing obviously makes financial sense in some situations].

July 8, 2010 — 25 comments — Columns

Developing Country Opposition to ACTA Mounts

Just as the G8-G20 meetings conclude in Muskoka and Toronto, another round of negotiations on the controversial Anti-Counterfeiting Trade Agreement resumes in Switzerland today. In the aftermath of the last round of discussions in New Zealand, a draft version of the ACTA text was publicly released, temporarily quieting criticism about the lack of transparency associated with an agreement that currently touches on all forms of intellectual property, including patents, trademark, and copyright.

While the transparency concerns are no longer in the spotlight, my weekly technology law column (Toronto Star version, homepage version) notes that mounting opposition to the agreement from the developing world, particularly powerhouse economies such as India, China, and Brazil, is attracting considerable attention. The public opposition from those countries – India has threatened to establish a coalition of countries against the treaty – dramatically raise the political stakes and place Canada between a proverbial rock and hard place, given its close ties to the U.S. and ambition to increase economic ties with India and China.

June 29, 2010 — 9 comments — Columns

Unlocked iPhones Could Herald True Mobility

Apple began selling the latest version of its iPhone this week in the United States and while the device will not be sold in Canada until mid-July, Canadians will be among the few that will have the opportunity to purchase it "unlocked" so that it is not tied to any specific wireless carrier. The unlocked versions will come at a premium price, but in return consumers will be able to avoid the long-term contracts that have typified the Canadian wireless marketplace for many years.

My weekly technology law column (Toronto Star version, homepage version) notes the issue of locked cellphones has long been a source of consumer fear and frustration since some wondered whether unlocking phones that were rendered unusable when switching wireless providers was legal. In certain respects, this was an odd question to even have to ask. No one would ever question whether consumers have the right to tinker with their car or to use the same television if they switch providers from cable to satellite, yet the wireless industry somehow convinced the public that unlocking their phones – consumers' own property – was wrong.

That perception is rapidly changing with several developments paving the way for an unlocked iPhone.

June 25, 2010 — 24 comments — Columns

Opening Up Canada’s Digital Economy Strategy

The federal government’s national consultation on a digital economy strategy is now past the half-way mark having generated a somewhat tepid response so far. My weekly technology law column (Toronto Star version, homepage version) argues the consultation document itself may bear some of the blame for lack of buzz since the government asks many of the right questions, but lacks a clear vision of the principles that would define a Canadian digital strategy.

One missed opportunity was to shine the spotlight on the principle of "openness" as a guiding principle. In recent years, an open approach has found increasing favour for a broad range of technology policy issues and has been incorporated into many strategy documents. For example, New Zealand identified "openness is a central principle of [its] Digital Strategy 2.0."

The consultation document includes a brief reference to open access for government-funded research, but it seemingly ignores the broader potential for a strategy with openness policies as a key foundational principle.

Where might an openness principle make sense?

June 16, 2010 — 9 comments — Columns

B.C. Court Clicks With Internet Advertising Keyword Case

Google has grown to become the world’s leading Internet company based largely on accurate search results, yet its financial success owes much to tiny advertisements that are posted as sponsored links alongside the "organic" search results. The determination of which sponsored links appear on a Google search result page comes in part from a keyword advertising system in which marketers bid on specific words. Whenever a user clicks on the sponsored link, the marketer pays Google the bid amount. Each click may only cost a few pennies, but with millions of clicks every day, the keyword advertising business is a multi-billion dollar business for Google and has been emulated by competitors such as Yahoo and Microsoft.

Keyword advertising has been a huge commercial success fueling many ad-supported websites, but it has not been without legal controversy. The practice has generated a steady stream of cases addressing whether the use of a competitor's keyword raise potential trademark or misleading advertising issues. For example, is Coca-Cola permitted to bid on the Pepsi keyword so that when an Internet user searches for Pepsi they are presented with a sponsored link for Coke?

The issue has been litigated in other countries, but my weekly technology law column (Toronto Star version, homepage version) notes that late last month a B.C. court provided the Canadian perspective for the first time.

June 10, 2010 — 8 comments — Columns