The Conservative government has defeated a bill designed to amend the Access to Medicines Regime that allows for enhanced access to generic pharmaceuticals in the developing world. Despite the fact that other countries are doing far more to support access, Industry Minister Christian Paradis claimed the bill would violate WIPO […]
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Open Call for Creative Commons Canada Advisory Board
Creative Commons Canada and its affiliate organizations, Athabasca University, BCcampus, and the Samuelson Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC) are inviting expressions of interest from individuals for inclusion on the inaugural Creative Commons Canada Advisory Board. If you’re interested, act quickly as the deadline is November 30th.
Reports Say No Intellectual Property Chapter in Canada – India Trade Agreement
iPolitics reports that India is resisting the inclusion of an intellectual property chapter in the proposed Canada – India Trade Agreement. Canada is promoting the inclusion of an IP chapter, but India (with a very large generic pharmaceutical industry and a far larger film industry) has yet to agree.
Why Liability Is Limited: A Primer on New Copyright Damages as File Sharing Lawsuits Head To Canada
Over the past couple of days, there have been multiple reports about the return of file sharing lawsuits to Canada, with fears that thousands of Canadians could be targeted. While it is possible that many will receive demand letters, it is important to note that recent changes to Canadian copyright law limit liability in non-commercial cases to a maximum of $5,000 for all infringement claims. In fact, it is likely that a court would award far less – perhaps as little as $100 – if the case went to court as even the government’s FAQ on the recent copyright reform bill provided assurances that Canadians “will not face disproportionate penalties for minor infringements of copyright by distinguishing between commercial and non-commercial infringement.”
Bill C-11, the recently enacted copyright reform bill, featured several very good provisions including an expansion of fair dealing, a user generated content provision, new consumer protections, and a balanced approach to Internet provider liability. One of the most important changes to the law, however, was the creation of a cap on potential damages for non-commercial infringement. As I highlighted during debates on the bill, Canada is among a minority of countries that have any statutory damages at all for copyright infringement as most developed countries require rights holders to prove actual damages.
UN Internet Meeting About Who Pays, Not Who Rules
Should the Internet be treated like traditional phone services when it comes to regulation and pricing? That is the contentious question as the International Telecommunications Union, a United Nations agency with roots dating back to 1865 and the interconnection of telegraph services, meets in Dubai next week for the World Conference on International Telecommunications (WCIT). The WCIT is a treaty-writing event that has attracted growing attention given fears that the ITU and countries such as Russia plan to use it to press for greater control over the Internet.
My weekly technology column (Toronto Star version, homepage version) notes that there are certainly legitimate reasons for WCIT suspicion since the ITU lacks transparency and largely excludes public participation. For months, the ITU proposals scheduled for debate (known as International Telecommunications Regulations or ITRs) were shrouded in secrecy and the organization itself offered only limited opportunity for public participation. Moreover, some countries view the WCIT as an opportunity to increase their leverage over the Internet by proposing regulations that would increase governmental controls.
While these issues are cause for concern, proposals aimed at seizing control of Internet governance are unlikely to succeed and the reality is that governments already flex their regulatory muscles within the current U.S.-backed Internet governance framework.
The focus on a UN takeover of the Internet has obscured the real concern with the WCIT, namely efforts by telecom companies to find new sources of revenue by changing the way we pay for the Internet.
Recent Posts
Canada’s DST Debacle a Case Study of Digital Strategy Trouble 
Canadian Government Caves on Digital Services Tax After Years of Dismissing the Risks of Trade Retaliation 
The Law Bytes Podcast, Episode 238: David Fraser on Why Bill C-2’s Lawful Access Powers May Put Canadians’ Digital Security At Risk 
Ignoring the Warning Signs: Why Did the Canadian Government Dismiss the Trade Risks of a Digital Services Tax? 
Why Bill C-2 Faces a Likely Constitutional Challenge By Placing Solicitor-Client Privilege at Risk
