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

Crystal Ball Gazing at the Coming Year in Tech Law

Technology law and policy is notoriously unpredictable and crystal ball gazing in Canada this year is particularly challenging given the current political and economic uncertainty. With that caveat, my weekly technology law column (Toronto Star version, homepage version) provides my best guess for the coming months includes the following:

January. The Copyright Board of Canada releases its much-anticipated decision on the copyright royalties payable by primary and secondary schools across Canada. The board reduces the fees based on the Supreme Court of Canada’s liberal interpretation of fair dealing, Canada's version of fair use. At the end of the month, the government's budget includes the expected stimulus package for the auto and forestry sectors, but there is little for the culture and technology sectors.

February. The Canadian Radio-television and Telecommunications Commission kicks off a busy year with its new media hearings. The positions are by-now well known – cultural groups seek the creation of a new ISP levy and increased regulation of Internet-based broadcasting, while most broadcasters and telecommunications companies support the status quo.

March. Secret negotiations on the Anti-Counterfeiting Trade Agreement resume in Morocco. Calls for greater transparency fall on deaf ears as the U.S., Japan, and South Korea urge participants to keep the treaty under wraps and to conclude the draft treaty by year-end.

April. The U.S. Trade Representative releases its annual Special 301 Report on the status of global intellectual property laws. Canada once again finds itself in good company as it (along with dozens of other countries) is criticized for failing to pass new copyright reform legislation.

January 5, 2009 — 3 comments — Columns

The Letters of the Law: The Year in Canadian Technology Law and Policy

There was rarely a dull moment over the past twelve months in law and technology with no shortage of legislative proposals, controversial court cases, and very public battles over the future of the Internet in Canada. My final technology law column (Toronto Star version, homepage version) takes a look back […]

December 22, 2008 — 7 comments — Columns