Latest Posts

Court Rules University Sanctions Over Facebook Comments Violate Charter of Rights

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.

Read more ›

October 15, 2010 Comments are Disabled News

Study Finds Canada Ranks As Most Expensive for Cellphone Plans

The New America Foundation has released a new study comparing cell phone rates in 11 countries. It finds that Canada ranks as the most expensive for packages that include voices, text, and data.

Read more ›

October 15, 2010 5 comments News

Telus Seeks “Switzerland” Approach to Content

Telus CEO Darren Entwistle says that the company believes that the CRTC rules governing fair access to traditional broadcasting “are not limited to linear TV, they extend into broadband and wireless.”

Read more ›

October 15, 2010 1 comment News

Why are U.S. Net Services Slow to Migrate North?

Netflix, the popular online movie rental service, launched in Canada last month, providing consumers with the option to download an unlimited number of movies and television shows for a flat monthly fee.  While the Netflix debut was marred by an ill-advised public relations stunt that involved actors masquerading as excited consumers, my weekly technology law column (Toronto Star version, homepage version) notes that the long delays in migrating the service north once again raised questions over why popular online services rarely view Canada as a priority destination.

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.

Read more ›

October 15, 2010 36 comments Columns

Locking Out Lawful Users

Osgoode Hall Law School professor Carys Craig has a great post at the IP Osgoode site on her article in From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda, the copyright book from Irwin Law that officially launches tomorrow. Craig’s article focuses on two key aspects of Bill C-32: the fair dealing reforms and the impact of the digital lock provisions.  On fair dealing, Craig brings much-needed perspective to the fair dealing reform, which has been the target of an ongoing fear mongering campaign that implausibly and inaccurately claims that it will erode Canadian culture.  Rather, Craig notes:

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:

Read more ›

October 13, 2010 30 comments News