Michael Geist

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French Culture Minister Says Three Strikes Law Disproportionate

France’s new culture minister has sent a strong signal that HADOPI, the agency responsible for administering the country’s three strikes and you’re out law, has been a failure. Aurelie Filippetti says she plans to slash funding for HADOPI, noting that it has failed to develop legal alternatives and that suspension […]

August 7, 2012 — 2 comments — News

Is the Competition Bureau Ready to Take on Media Convergence?

Canadian broadcasters and broadcast distributors have pursued a convergence strategy for the past decade that has created one of the world’s most concentrated media markets. Four powerhouses – Bell Media, Rogers, Shaw, and Videotron – have been left standing with those companies now dominating broadcast television, radio, and broadcast distribution from coast to coast.

While it may already be too late, the proposed $3 billion Bell Media – Astral merger may represent the final opportunity to address mounting concerns over the competitive impact of a converged market. My weekly technology law column (Toronto Star version, homepage version) notes the new Bell Media – Astral entity will control approximately 45 per cent of the commercial radio market in Canada along with a dizzying array of television stations, specialty television channels, as well as wireless, satellite, and Internet services.

August 7, 2012 — Comments are Disabled — Columns

Prime Minister’s Privacy Policy Requires a Re-Write

As public concern over Internet privacy has grown in recent years, one of the first responses is invariably to focus on the need for improved disclosure through easily accessible website privacy policies. The policies provide information on how personal information is collected, used, and disclosed to third parties.

While few visitors read the policies from start to finish, it is important for websites to ensure that they are accurate, since misleading statements can lead to liability. My weekly technology law column (Toronto Star version, homepage version) notes the need for accuracy is particularly true if you’re say, the Prime Minister of Canada. Yet a reader recently noticed that the Prime Minister’s Office website may be incorrectly stating its use of cookies, which are small files that may be placed on user’s computer hard drive by a website to monitor usage or identify repeat visitors.

July 31, 2012 — 11 comments — Columns

CRTC Message to Broadcasters: Regulatory Games Coming to an End

Last week, the Canadian Radio-television and Telecommunications Commission announced that it is terminating the Local Programming Improvement Fund (LPIF). The fund, which was established in 2008, funneled over $300 million to broadcasters to support the creation of local programming. The decision caught the industry by surprise with the CBC calling it “astonishing” and Bell Media saying it is a “major concern.”

Yet the end of the LPIF is only the latest in a series of moves that unravel recent regulatory efforts to provide broadcasters with increased financial support. My weekly technology law column (Toronto Star version, homepage version) notes the courts and the Commission have sent a clear signal that broadcasters should focus on marketplace success, not manipulating the regulatory system.

July 24, 2012 — 8 comments — Columns

How the Supreme Court of Canada Doubled Down on Users’ Rights in Copyright

I’ve posted several pieces on the recent Supreme Court of Canada copyright decisions, including an immediate overview, a piece on why Canada has shifted to fair use, an analysis of the inclusion of a technological neutrality principle, a discussion on the implication for Access Copyright, and a high level look at the key issues. This final post in the series tries to provide a broader context for what just occurred as the decisions mark the culmination of a ten year transformation of copyright at Canada’s highest court. Over the years, many have expressed doubts about this transformation, yet these five cases should put to rest the debate over whether a balanced analysis of the Copyright Act that prioritizes both creator and user rights has been entrenched in Canadian copyright law.

The shift began in 2002 with the Theberge decision, in which Justice Binnie for the majority discussed the copyright balance:

July 23, 2012 — 6 comments — News