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The Battle Over Uber: Mapping Out a Regulatory Compromise

The Battle Over Uber: Mapping Out a Regulatory Compromise

The very public fight over ride sharing services such as Uber was in the spotlight again last week as taxi drivers took to the streets in Toronto to protest against the ongoing availability of unregulated services. The result was a public relations nightmare: drivers comparing Uber to ISIS, engaging in dangerous activity with cars on the road, slowing the ability for an ambulance to arrive at its destination, and even injuring a police officer riding a bicycle.

My weekly technology law column (Toronto Star version, homepage version) notes that the hysterics are unlikely to generate much support from the public, but they do point to the need for local municipalities to address the festering policy issue. Uber and other ride sharing services are too popular among consumers to be banned. Nor should they be. The injection of new competition and innovation is good for the public, offering more consumer choice and new economic opportunities for drivers. Indeed, much of the demand for alternatives reflects frustration with poor service that can emerge in an artificially closed market.

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December 15, 2015 5 comments Columns
Beatles Vinyl by Erwin Bernal (CC BY 2.0) https://flic.kr/p/axnRZ4

Competition Tribunal Gives Go Ahead for Price Maintenance Claim Against Music Industry Giants

The Competition Tribunal has granted leave to Stargrove Entertainment, the Canadian music label that has published public domain recordings from the artists such as the Beatles, to pursue a Competition Tribunal complaint against some of the giants of the music industry. The complaint targets the Canadian Music Reproduction Rights Agency (CMRRA), Universal Music, Sony Music, and several music publishers. I wrote earlier about Stargrove’s complaint and noted the backroom lobbying campaign that succeeded in obtaining a copyright term extension in Canada for sound recordings.

Despite strong opposition from the music industry, the Tribunal granted leave to pursue a complaint of price maintenance in violation of the Competition Act. The Tribunal concluded:

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December 15, 2015 8 comments News
https://www.youtube.com/watch?v=4YgQuoOV6tg

Technology and the TPP: A Panel Discussion

Last month, the University of Ottawa hosted a standing room only panel on technology and the TPP featuring Burcu Kilic, Carolina Rossini, Jeremy deBeer, Tamir Israel and myself. The panel was moderated by Loris Mirella, the lead IP negotiator on the TPP for the Canadian government. A full video of the event is posted below.

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December 11, 2015 6 comments News
The Open Government Partnership (OGP) Regional Meeting for Europe 2014 by Open Government Partnership (CC BY 2.0) https://flic.kr/p/nwzXXy

Why the Government’s Commitment to “Open by Default” Must Be Bigger Than Open Data

This week, I was pleased to participate in a joint initiative between the University of Ottawa’s Public Law Group and iPolitics to examine the government’s Speech from the Throne from many policy perspectives. This includes contributions from Professors Mendes, Morales, Oliver, Pal, Dodek, Forcese, Chalifour, and Cairns Way. My piece (iPolitics version, homepage version) focuses on the government’s commitment to “open by default”, which appears in all ministerial mandate letters. I note that the emphasis on open and transparent government in the Speech from the Throne was both welcome and unsurprising. Prime Minister Justin Trudeau campaigned on openness and transparency with impressive commitments to transform how Canadians access government information.

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December 9, 2015 26 comments Columns
Box Launch by David Bleasdale (CC BY 2.0) https://flic.kr/p/An28qP

Government Docs Suggest Officials Thinking About Website Blocking, Targeting VPN Usage

The Trudeau government has thus far said very little about its plans for future digital and copyright policy reform. There were few references in its election platform and the ministerial mandate letters that identify immediate policy priorities did not speak to the issue.

My weekly technology law column (Toronto Star version, homepage version) notes that according to ministerial briefing documents recently released by the government, Canadian Heritage officials have told new minister Mélanie Joly that emerging issues may include targeting the use of virtual private networks and website blocking. The comments can be found in a departmental briefing for Joly on copyright policy, which includes a discussion titled “what’s next” for copyright.

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December 8, 2015 28 comments Columns