An Alberta court has ruled that University of Calgary sanctions against two students who posted negative comments about a professor on Facebook violate the Charter of Rights and Freedoms.
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Why are U.S. Net Services Slow to Migrate North?
Canada’s legal framework makes for a convenient explanation, but the reality is that subtle legal differences are rarely the primary rationale for business and marketing decisions. Moreover, Canadian privacy, e-commerce, and intellectual property laws are compliant with international standards and recent surveys have found that business executives view Canadian protections as better than those in the United States. As the Canadian government readies its national digital economy strategy, identifying the real reasons behind delayed entry into the Canadian market is a crucial piece of the puzzle.
At least three explanations come to mind.
Locking Out Lawful Users
Educational, parodic and other transformative uses have long been recognized as potential fair uses in the United States. Indeed, the need to expressly include these specific exceptions in Canada speaks more to the shortcomings of the Canadian approach to fair dealing (in contrast to US fair use) than it does to the pursuit of a genuine balance between owners and users in the copyright reform process.
Craig reserves her harshest criticism for C-32’s digital lock provisions, which she describes as “unduly expansive,” concluding: