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Declaration of Internet Freedom

Dozens of civil society groups have issued a Declaration of Internet Freedom that focuses on five principles: expression, access, openness, innovation, and privacy.

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July 3, 2012 1 comment News

All the News That’s Fit To Post and Link: Federal Court Clears Up Legal Risks

Free Dominion is a Canadian-based political news website where users regularly post articles or link to online content for the purposes of political debate. On January 10, 2008, an eleven-paragraph column by National Post columnist Jonathan Kay was posted to the site. When the Post complained in April 2010, the column was replaced with shorter excerpt that included the same headline along with 3 full paragraphs and one half-paragraph. A month later, a site user posted a link to a photograph that was posted on the photographer’s website. The photograph itself was not posted as only a link was used.

These postings and links were not particularly unusual – similar actions occur millions of times every day – yet soon after, Free Dominion was hit with a copyright infringement lawsuit claiming the posting and the link violated the Post and photographer’s copyright.
 
My weekly technology law column (Toronto Star version, homepage version) notes that last week, the Federal Court of Canada issued its ruling, dismissing both claims (along with a claim over the posting of a second article for which the limitation period to sue had expired). The decision has enormous implications for Internet users, news organizations, and free speech in Canada as it removes much of the legal uncertainty surrounding sharing information online.

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July 3, 2012 10 comments Columns

Bill C-11 Receives Royal Assent

Bill C-11, the copyright reform bill, passed third reading at the Senate and received royal assent today. The bill is now S.C. 2012, c.20. The reforms do not take effect yet, however. The bill must go through an order-in-council process with a series of new regulations first, a process that […]

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June 29, 2012 23 comments News

Canada’s Notice-and-Notice vs. U.S.’s Notice-and-Takedown

Bob Tarantino has a good primer on the differences between Canada’s notice-and-notice system that will take effect with Bill C-11 and the U.S. notice-and-takedown approach.

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June 29, 2012 1 comment News

System Access Fee Class Action Lawsuit To Proceed

The Supreme Court of Canada has allowed a class action lawsuit against the major telecom companies to stand, paving the way for the $19 billion case to continue.

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June 29, 2012 19 comments News