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Canadian Rules Rain on Cloud Music Parade: Why New Services Unlikely To Come To Canada Anytime Soon

Apple has once again captured the attention of the Internet world with the unveiling of the iCloud, an online backup system that will allow users to instantly store their content on Apple computer servers so that they can be accessed anywhere from any device.

The most notable element of the iCloud is the iTunes Match service that gives users cloud-based access to their full digital music libraries. This includes songs purchased on iTunes as well as any other music files, which will be identified by Apple and made available without the need to upload the copy. Itunes Match has obtained the blessing of the major record labels, who will reportedly receive the lion’s share of the service’s US$24.95 annual fee.

The Apple announcement comes on the heels of newly launched music cloud services from Internet giants Amazon and Google. The Amazon Cloud Player allow users to upload their own music to Amazon’s computer servers and to stream it to any device, while Music Beta by Google similarly involves uploading music files for streaming access. Neither Amazon nor Google obtained licenses for their services, relying instead on their users’ fair use rights to shift their music to the “cloud.”

While the licensing approaches differentiate Apple from its competitors, my weekly technology law column (Toronto Star version, homepage version) argues all three cloud music services share a common characteristic when it comes to Canada – none are likely to be available here anytime soon.

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June 14, 2011 69 comments Columns

Europe Considers Using CETA To Create “Anti-Counterfeiting Trade Agreement Plus”

As Canada and the European Union continue their negotiations on a trade deal, a source has provided a copy of the EU proposal for the criminal intellectual property provisions. The IP criminal provisions was the one aspect left out of early drafts (the CETA leak from last year is available […]

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June 13, 2011 2 comments News

Governments Respond to UN Report On Three Strikes Violating International Law

More than 40 countries and delegations have responded at the Human Rights Council to the recent United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression report that criticizes three strikes/graduated response system. The response, which includes Canada as a co-signer, underscores […]

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June 13, 2011 3 comments News

Conservative Party Passes Policy Resolution on Broadband

The Conservative Party has passed a policy resolution on broadband at its policy convention. The resolution states: The Conservative Party recognizes the vital importance of internet connectivity to full Canadian participation in global economic, social, and cultural communities. The government should create an environment that encourages private sector investment to […]

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June 11, 2011 11 comments News

Canadian Chamber of Commerce Justifies Fake Counterfeit Claims With More False Numbers

Earlier this week, I posted on how the Canadian IP Council, the Canadian Chamber of Commerce’s IP lobby arm, floated false claims about the scope of counterfeiting in Canada in an attempt to bolster claims for increased border measures. That was followed by a post yesterday on Professor Edward Iacobucci’s debunking of the Chamber’s report on Canadian patent law, which he found to be deeply flawed. In response to my first post, the IP Council’s Chris Gray tweeted responses that the Chamber does not want individual travellers searched and that its claim of $30 billion in losses from counterfeiting in Canada comes from a recent International Chamber of Commerce report.

The retraction on border searches of travellers is good news, though the Chamber should seek to publicly correct the Globe and Mail, which reported otherwise. Moreover, given that some of its members have publicly stated their opposition to the de minimis provision in the Anti-Counterfeiting Trade Agreement – GlaxoSmithKline has said the exclusion of traveller’s luggage “sends out an entirely inappropriate message” – its position on the issue may not be cast in stone.

Even more notable is the suggestion that the Canadian Chamber of Commerce is now basing its $30 billion counterfeiting claim on the 2011 International Chamber of Commerce report.

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June 10, 2011 70 comments News