The National Post reports that the Competition Bureau of Canada plans to launch an investigation into Google Canada. The scope of the investigation is unknown.
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The Copyright Pentalogy: Technological Neutrality
Last month, the University of Ottawa Press published The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, an effort by many of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. As I’ve noted in previous posts, the book is available for purchase and is also available as a free download under a Creative Commons licence. The book can be downloaded in its entirety or each of the 14 chapters can be downloaded individually.
The book includes two articles on technological neutrality, whose inclusion as a foundational principle of Canadian copyright was a landmark aspect of the copyright pentalogy. The message from the Court is clear: copyright law should not stand in the way of technological progress and potentially impede the opportunities for greater access afforded by the Internet through the imposition of additional fees or restrictive rules that create extra user costs. Viewed in this light, technological neutrality as a principle within Canadian copyright may have the same dramatic effects on the law as the articulation of users’ rights did in 2004.
Industry Minister Paradis on Canadian Wireless Prices: We’re “Middle Average”
Industry Minister Christian Paradis appeared before the Standing Committee on Industry, Science and Technology last week and was asked what he thought Canadians would say about wireless pricing. Paradis instead indicated what he would tell them: I would tell them that when we compare with our peers, we are in […]
The Copyright Pentalogy: Standard of Review and the Courts
Last week the University of Ottawa Press published The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, an effort by many of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The book is available for purchase and is also available as a free download under a Creative Commons licence. The book can be downloaded in its entirety or each of the 14 chapters can be downloaded individually.
The first section of the book features three chapters focused on important administrative law questions about the standard of review as well as an attempt to place the Supreme Court’s copyright jurisprudence within a larger context. With all five cases originating with the Copyright Board of Canada, the interplay between the Copyright Board and Canada’s appellate courts is at issue throughout the five cases, with two decisions – Rogers Communications Inc. v Society of Composers, Authors and Music Publishers of Canada and Alberta (Education) both specifically discussing standard of review issues.
The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright
Copyright cases typically only reach the Supreme Court of Canada once every few years, ensuring that each case is carefully parsed and analyzed. As readers of this blog know, on July 12, 2012, the Supreme Court issued rulings on five copyright cases in a single day, an unprecedented tally that shook the very foundations of copyright law in Canada. In fact, with the decisions coming just weeks after the Canadian government passed long-awaited copyright reform legislation, Canadian copyright law experienced a seismic shift that will take years to sort out.
I am delighted to report that this week the University of Ottawa Press published The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, an effort by many of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The book is available for purchase and is also available as a free download under a Creative Commons licence. The book can be downloaded in its entirety or each of the 14 chapters can be downloaded individually. This is the first of a new collection from the UOP on law, technology and society (I am pleased to serve as the collection editor) that will be part of the UOP’s open access collection.
This book features fourteen articles on copyright written by independent scholars from coast to coast. The diversity of contributors provides a rich view the copyright pentalogy, with analysis of the standard of review of copyright decisions, fair dealing, technological neutrality, the scope of copyright law, and the implications of the decisions for copyright collective management.