Columns

Peeking Behind Canada’s Copyright Complaint Against China at the WTO

Late last month, the World Trade Organization released a much-anticipated decision involving a U.S.-led complaint against China over its intellectual property laws. Canada was among a number of countries that participated in the case, which alleged that China’s domestic laws, border measures, and criminal penalties for intellectual property violations do not comply with its international treaty obligations.

On April 25, 2007, David Emerson, then the Minister of International Trade, issued a press release announcing Canada's participation, stating that it was "based on concerns expressed by Canadian stakeholders on a range of issues related to China's intellectual property rights regime." Yet, as reported in my weekly technology law column (Toronto Star version, homepage version) according to dozens of internal Canadian government documents obtained under the Access to Information Act, Canadian officials, unable to amass credible evidence of harm to Canadian interests, harboured significant doubts about the wisdom of joining the case and ultimately did so only under the weight of great pressure from the United States.

February 9, 2009 — 10 comments — Columns

Canada’s Do-Not-Call Disaster

When Canada's do-not-call list was launched last September, two outcomes were easy to predict. The first was that the list would prove enormously popular with millions of phone numbers registered in a matter of months. The second was that Canadians would ultimately be left disappointed with little reduction in unwanted telemarketing calls and concerns about the ability of the Canadian Radio-television and Telecommunications to enforce the law. Four months later, my weekly technology law column (Toronto Star version, homepage version) notes that the do-not-call list contains roughly six million registered phone numbers and, as expected, there are a growing number of Canadians – including Industry Minister Tony Clement – who are expressing misgivings about the potential for abuse.

The problems associated with the do-not-call list fall into three categories.

February 2, 2009 — 28 comments — Columns

Canada Post Plays Grinch in Takedown Fight

Late last year, Canada Post and the Public Service Alliance of Canada became embroiled in a heated strike action over sick pay benefits. In the midst of the dispute, several PSAC members took direct aim at Canada Post CEO Moya Greene, recording a short parody video titled "The Greench." The video, which was posted on YouTube, adapted the well-known Dr. Seuss tune "You’re a Mean One, Mr. Grinch" to criticize Greene and the company. While the creation of a protest video is not particularly noteworthy, what followed soon after is. Just as the video began to attract some attention, YouTube removed i t after receiving a complaint from Canada Post alleging that the video violated the company’s copyright.

My weekly technology law column (Toronto Star version, homepage version) argues that the case highlights a common occurrence under U.S. law, which allows copyright owners to file complaints with web hosts such as YouTube if they believe that the site is hosting infringing content. Under the law, the web host avoids liability if it immediately removes the content. No court or independent third party reviews the infringement claim since nothing more than a complaint that meets certain criteria is needed. The statutory requirements include providing a statement that the complainant has a "good faith belief that use of the material in the manner complained of its not authorized by the copyright owner, its agent or the law."

January 26, 2009 — 6 comments — Columns

Thinking Big About Flaherty Budget and Infrastructure Spending

Finance Minister Jim Flaherty will rise in the House of Commons next week to deliver the most anticipated federal budget in years. The subject of town hall meetings, corporate consultations, and political sparring, the budget will be closely watched by all Canadians anxious for a long-term plan to address the current economic crisis. While financial support for hard hit industries are a given, one of the most important elements in the budget will be the significant expenditures on infrastructure, which is viewed as a powerful job creation mechanism with benefits that can last for decades.

Money toward roads, bridges and other conventional infrastructure projects may generate some short-term employment, but my weekly technology law column (Toronto Star version, homepage version) argues that the opportunity to take a broader perspective on infrastructure should not be missed. Indeed, this budget offers a rare chance to put critically important technology projects that have languished for years back on track. These include:

Broadband infrastructure. Following repeated failed attempts to implement a national broadband strategy that guarantees access to high-speed networks for all Canadians, the Flaherty budget provides the ideal opportunity to address this neglected issue. Indeed, frustrated by years of federal inaction, several provinces recently pledged to support their own broadband initiatives, recognizing the economic importance of a connected population.

With Canada gradually slipping down the global broadband rankings as other countries benefit from better, faster, and cheaper options, committing serious dollars to a national broadband infrastructure would create jobs and lay the groundwork for new commercial, cultural, and educational opportunities.

January 19, 2009 — 6 comments — Columns