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Time To Slay the File Sharing Myths

This month marks the tenth anniversary of the debut of Napster, the file sharing service that had a transformative effect on the music and Internet services industries.  While many commentators have marked the anniversary by reassessing Napster’s impact and speculating on what lies ahead, my weekly technology law column (Toronto Star version, homepage version) argues that now is also a suitable time to put to rest two myths about file sharing in Canada.  

There are far more than just two myths (see textbox below), but the ones that have dominated debate is that all file sharing is legal in Canada and, perhaps as a consequence of this, that Canada leads the world in illegal file sharing activity. Neither claim is true.

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June 9, 2009 22 comments Columns

Trouble With the Board

The Ottawa Citizen ran a lead, masthead editorial over the weekend on the Conference Board of Canada plagiarism story.  The paper notes that "these have been difficult days for the Conference Board" and points out: It is to president Anne Golden's credit that the board did recall the reports. But […]

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June 8, 2009 1 comment News

Pirate Party Success in European Parliament Elections

The Pirate Party, which is focused on digital rights, has enjoyed great success in today's European Parliament elections.  The big news is that the Swedish Pirate Party won 7.1 percent of the national vote, good for at least one seat in the European Parliament (and possibly two seats).  By comparison, […]

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June 7, 2009 9 comments News

Canadian Patent Appeal Board Rules Against Business Method Patents

Catching up from a column last week (Toronto Star version, homepage version), the Canadian Patent Appeal Board recently denied an appeal by Amazon.com over a "one-click" ordering system patent with strong language that challenged the notion that business method patents are patentable under Canadian law.  Business method patents took off in the U.S. in 1998, when the U.S. Court of Appeals for the Federal Circuit (one notch below the U.S. Supreme Court) ruled that patents could be awarded for business methods in a case called State Street Bank v. Signature Financial Corp.

In the aftermath of the State Street Bank decision, companies rushed to file patent claims for a wide range of business practices.  Amazon.com became the most visible business method patentee with its one-click patent for a service that allows repeat visitors to move directly to the virtual checkout with one click (completing payment and shipping information in the process). The Canadian experience with the Amazon.com one-click business method patent has been much different.  The Canadian Patent Office rejected the application in 2004 based on obviousness and non-statutory subject matter.  Amazon.com appealed to the Canadian Patent Appeal Board.

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June 5, 2009 16 comments Columns

CIRA Launches WHOIS Consultation

CIRA has launched a public consultation on its new WHOIS rules.  The consultation will include some direct consultations, a public forum, and an open consultation this summer.

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June 5, 2009 Comments are Disabled News