Columns

Canadian Patent Appeal Board Rules Against Business Method Patents

Catching up from a column last week (Toronto Star version, homepage version), the Canadian Patent Appeal Board recently denied an appeal by Amazon.com over a "one-click" ordering system patent with strong language that challenged the notion that business method patents are patentable under Canadian law. Business method patents took off in the U.S. in 1998, when the U.S. Court of Appeals for the Federal Circuit (one notch below the U.S. Supreme Court) ruled that patents could be awarded for business methods in a case called State Street Bank v. Signature Financial Corp.

In the aftermath of the State Street Bank decision, companies rushed to file patent claims for a wide range of business practices. Amazon.com became the most visible business method patentee with its one-click patent for a service that allows repeat visitors to move directly to the virtual checkout with one click (completing payment and shipping information in the process). The Canadian experience with the Amazon.com one-click business method patent has been much different. The Canadian Patent Office rejected the application in 2004 based on obviousness and non-statutory subject matter. Amazon.com appealed to the Canadian Patent Appeal Board.

June 5, 2009 — 16 comments — Columns

OECD Report Finds Canadian Broadband Slow, Expensive

In recent months, much of the discussion about high-speed Internet service in Canada has focused on two key issues – net neutrality and the need to bring broadband access to the remaining underserved areas in rural Canada. Both of these issues are now squarely on the public agenda with the CRTC conducting hearings on net neutrality next month and the government committing millions toward rural broadband initiatives in this year's budget.

My weekly technology law column (Toronto Star version, homepage version) notes that issing is a third, fast-growing concern, however. According to a new OECD report, Canada has one of the slowest and most expensive consumer broadband networks in the developed world. The OECD report, widely viewed as the leading global benchmark on broadband networks, compared Canada with 29 other countries on a range of metrics. These included broadband availability, pricing, speed, and bandwidth caps.

At first glance, the numbers do not seem that bad, with Canada ranking ninth out of 30 countries for broadband penetration. While that represents a sharp decline from years ago when Canada prided itself in standing second worldwide, its current position is unchanged from last year. Yet the situation becomes far more troubling once the OECD delves deeper into Canadian broadband pricing and speed.

June 1, 2009 — 18 comments — Columns

Anti-Spam Bill Will Face Tough Fight Over Consumer Protections

The recent introduction of the Electronic Commerce Protection Act, Canada's long-awaited anti-spam bill, has been greeted with initial all-party support in the House of Commons. The bill just passed second reading with committee hearings the next step in the legislative process. My weekly technology law column (Toronto Star version, Ottawa Citizen version, homepage version) argues that looking ahead, the big fight seems destined to focus on the government's desire to establish a comprehensive regime with tough penalties that apply to most commercial communications to consumers. Consumer groups will likely welcome the reforms, while some business and marketing organizations may paint a gloomy picture of the costs associated with the new regulations.

May 19, 2009 — 6 comments — Columns

House of Commons Lawyers Sent Takedown Notices Over Committee Video

In the spring of 2007, Friends of Canadian Broadcasting, the well-known broadcasting advocacy group, began to post videos and podcasts of Parliamentary committee proceedings on their website. When officials at the House of Commons caught wind of their activities, they promptly sent a cease and desist letter, demanding that the videos and podcasts be removed from the Internet. A lawyer for the House of Commons argued that posting excerpts from committee proceedings could be treated as "contempt of Parliament." The group responded that they did not want to remove the videos, but would be willing to follow a reasonable procedure to obtain the necessary permissions. That response did not sit well with the Chairs of the Finance and Canadian Heritage Standing Committees, who upon learning that the group was offering webcasts and downloads of their proceedings, asked the Standing Committee on Procedure and House Affairs (SCPHA) to examine the issue to prevent further infringement.

My weekly technology column (Toronto Star version, homepage version) notes that the idea that videos of committee hearings constitute proprietary content that when used without permission raise the potential for allegations of contempt of Parliament or copyright infringement will undoubtedly come as news to many Canadians. Using these excerpts in YouTube videos, webcasts, or podcasts has emerged as an important and powerful tool for business and consumer groups to educate the public on policy issues and legislative proposals. Yet House of Commons lawyers maintain that many of these activities violate the law and have sent notice and takedown demands to YouTube seeking the removal of videos that include House of Commons and committee proceedings. These include clips that involve satire and parody, since they are seen to "distort" the video itself.

May 11, 2009 — 19 comments — Columns