Search Results for "c-11" : 382

Other People’s Money: Why AUCC Signed the Most Expensive Copyright Insurance Policy in Cdn History

Appeared in the Toronto Star on April 22, 2012 as The most expensive copyright insurance policy in Canadian history Car rental companies are infamous for encouraging customers to sign up for expensive liability insurance policies. Since many renters already have coverage from their own automotive insurance policies or can rely […]

April 24, 2012 — Comments are Disabled — Columns Archive

Australia High Court Sides With ISP in Landmark Copyright Case

The Australian High Court has issued a landmark ruling that firmly sides with Internet providers over their liability and responsibility for alleged infringement on their networks. The closely watched case involves a lawsuit by the movie industry which claimed that iiNet, an Australian ISP, was liable for authorizing infringement by its subscribers. The unanimous court rejected the movie industry claims, finding that the ISP had no technical or contractual power to act.

April 20, 2012 — 4 comments — News

CRTC Stands By New Disclosure Requirement on Software Installs Over Objections From ESAC, RIM

The CRTC has finalized its anti-spam regulations, retaining some notable new disclosure requirements for some software installations. The requirements were opposed by the Entertainment Software Association of Canada and Research in Motion, who both asked for the requirements to be either dropped or significantly changed. The regulation requires:

A computer program’s material elements that perform one or more of the functions listed in subsection 10(5) of the Act must be brought to the attention of the person from whom consent is being sought separately from any other information provided in a request for consent and the person seeking consent must obtain an acknowledgement in writing from the person from whom consent is being sought that they understand and agree that the program performs the specified functions.

The functions listed in 10(5) of the Act are:

(a) collecting personal information stored on the computer system;
(b) interfering with the owner’s or an authorized user’s control of the computer system;
(c) changing or interfering with settings, preferences or commands already installed or stored on the computer system without the knowledge of the owner or an authorized user of the computer system;
(d) changing or interfering with data that is stored on the computer system in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system;
(e) causing the computer system to communicate with another computer system, or other device, without the authorization of the owner or an authorized user of the computer system;
(f) installing a computer program that may be activated by a third party without the knowledge of the owner or an authorized user of the computer system; and
(g) performing any other function specified in the regulations.

While this is obviously designed first and foremost at spyware, it targets many other possibilities including the infamous Sony rootkit case and other attempts by software or app developers to unexpectedly collect personal information or interfere with a user’s computer. It could also have an impact on some digital rights management systems, raising interesting questions about the interaction between these requirements and the digital lock rules in Bill C-11.

March 29, 2012 — 16 comments — News

Comparing ACTA and the TPP

PIJIP has prepared a comparison of ACTA and the TPP’s IP chapter with a document on the main highlights and a line-by-line analysis. The documents provide further evidence that the TPP would require Canada to fundamentally overhaul its copyright laws, including many of the provisions found in Bill C-11.

March 28, 2012 — 3 comments — News

Penske File No More? The Canadian Digital Economy Strategy Inches Forward

The lack of progress on the Canadian digital economy strategy has been a source of frustration for many as the still-unreleased strategy has been largely missing in action. Late last year I dubbed it the government’s Penske File, a reference to the Seinfeld episode involving a non-existent work project. While Canada is still without a comprehensive strategy, elements have begun to emerge in recent weeks.

On the legislative and policy front, Bill C-11 has passed the committee stage and seems likely to race toward royal assent by the summer, last week’s unveiling of the telecom policy (including policies on the forthcoming spectrum auction and foreign ownership) puts to rest a major issue associated with the digital economy strategy, the CRTC recently published its final anti-spam regulations with Industry Canada expected to follow with theirs shortly, the open government initiative has been making considerable progress, and Government House Leader Peter Van Loan told the House of Commons on Thursday that Bill C-12 (the PIPEDA reform bill) may finally move forward next week.

Industry Minister Christian Paradis yesterday took another positive step by convening a federal – provincial ministerial meeting on the digital economy.

March 20, 2012 — 2 comments — News