The Japanese Ministry of Foreign Affairs has announced that it will sign the Anti-Counterfeiting Trade Agreement. ACTA is open for signature until May 2013.
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Behind the Scenes of Bill C-32: Govt’s Clause-By-Clause Analysis Raises Constitutional Questions
There are few surprises here as the document provides a helpful analysis of the bill from the government’s perspective. The exhaustive review provides a striking reminder that the government is extending liability under the Copyright Act for activities that may not even infringe copyright, thereby raising questions about the constitutionality of some provisions. This is the result of the digital lock rules, which necessitated a change in the infringement provision. The rationale notes (page 708):
The Bill introduces new causes of action (such as those relating to TPMs and RMIs) that could be used in civil lawsuits regardless of whether or not there has been an infringement of copyright.
The discussion on the digital lock provisions also emphasize that the defences to copyright infringement are not available for circumvention of a digital lock (page 718):
Generally, an owner of copyright in a work or other subject matter for which this prohibition has been contrevened has the same remedies as if this were an infringement of copyright (proposed s.41(2)). However, a contravention of this prohibition is not an infringement of copyright and the defences to infringement of copyright are not defences to these prohibitions.
The government’s own words on the digital lock provision confirm that they may be unconstitutional since they fall outside the boundaries of copyright.
Copyright Board Rejects Bid For Transactional Licences
The Copyright Board of Canada has rejected a request by the AUCC to require Access Copyright to issue transactional or pay-per-use licences. The refusal to issue such licences, which reflect an effort by universities to license the use of works, is likely to lead to universities seeking new alternatives for […]
Rogers Astroturf Lobby Campaign on Spectrum Foreshadows Battle over Wireless Broadband Competition
Canadian consumers are very satisfied with their choice of Canadian providers, pricing plans and technology options. Consumers are the first to object in the face of poor competition among service providers, yet surveys indicate the exact opposite sentiment.
The company added that “contrary to many statistics that are used and quoted irresponsibly, Canadian consumers fair very well when compared to other countries. Canadian carriers offer
some of the most competitive rates in the world.”
The government rightly rejected the incumbent arguments and established a set-aside that led to new entrants such as Wind Mobile and Mobilicity.
CIRA Election: Time To Vote
The Canadian Internet Registration Authority, which manages the dot-ca domain, is holding its annual board election until September 28th. This year there are four spots up for grabs – three from candidates nominated by the nominating committee and one from the membership nominated field. There are some great candidates including […]
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Solomon’s Choice: Charting the Future of AI Policy in Canada 
The Law Bytes Podcast, Episode 232: What Will Canadian Digital Policy Look Like Under the New Liberal Carney Government? 
The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards 
The Law Bytes Podcast, Episode 230: Aengus Bridgman on the 2025 Federal Election, Social Media Platforms, and Misinformation 
The Law Bytes Podcast, Episode 229: My Digital Access Day Keynote – Assessing the Canadian Digital Policy Record
