Michael Geist

Latest Posts

Letters Of The Law: The Year In Tech Law And Policy

The past 12 months in law and technology were exceptionally active, with legislative battles over privacy and copyright, near-continuous controversy at the CRTC, and an active Supreme Court of Canada docket. My weekly technology law column (Toronto Star version, homepage version) takes a look back at 2011 from A to Z:

A is for the Amazon one-click patent, which is at the centre of a long running fight over the validity of business method patents in Canada.

B is for Baglow v. Smith, an Ontario Superior Court decision which ruled that comments on a blog should not necessarily give rise to a claim in defamation, when the person alleging defamation has a right of reply in the same blog.

C is for Century 21, which won a major case over Rogers Communications and its real estate search site Zoocasa. The case included important findings on online contracts, trespass, and copyright.

December 21, 2011 — 6 comments — Columns

Canadian Library Association on C-11

The Canadian Library Association has released a new position paper on Bill C-11. The CLA directs much of its concern to the digital lock rules: The prohibitions on the circumvention of digital locks in Bill Câ€11 exceed Canada’s obligations under WIPO copyright treaties. Canada agreed to distinctive wording and flexibilities […]

December 21, 2011 — 4 comments — News

Fair Dealing’s 100 Years of Solitude

Ariel Katz has a must-read post on the history of fair dealing. Katz states “the notion that if a purpose isn’t explicitly enumerated, it is categorically excluded from the purview of fair dealing, is antithetical to the purpose of the Copyright Act. In order to encourage future innovation and creativity […]

December 21, 2011 — Comments are Disabled — News

CRTC’s Net Neutrality Rules in Action: Bell To Drop P2P Traffic Shaping

Bell advised the CRTC yesterday that it plans to drop all peer-to-peer traffic shaping (often called throttling) as of March 1, 2012. While the decision has been described as surprising or as quid pro quo for the usage based billing ruling, I think it is neither of those. The writing […]

December 20, 2011 — 12 comments — News

What Happened to the PIPEDA Review?

Section 29 of PIPEDA, Canada’s private sector privacy law, requires Parliament to review the portion that deals with data protection every five years. The first review started in 2006 and led (after considerable delay) to the reforms found in Bill C-12, which is currently languishing in the House of Commons. […]

December 16, 2011 — 7 comments — News