Since I've blogged this week about C-61's notice-and-notice approach for ISPs, it is worth noting that yesterday a U.S. judge ruled that copyright holders must consider fair use as part of the DMCA notice-and-takedown system.
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The Tyee contrasts the Canadian wireless market with the experience in Europe.
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The inclusion of provisions for "Information Location Tool Providers" – ie. search engines – was a bit of a surprise. The ILT provisions unexpectedly appeared in Bill C-60 and there were concerns expressed with the approach adopted by the government. ILT provisions are back in C-61 with the focus on […]
61 Reforms to C-61, Day 42: ISP Notice and Notice – No Penalty for False Notices
A second concern associated with the notice and notice approach in Bill C-61 is the absence of a penalty against claimants that file wrongful notices. This means that subscribers may receive completely erroneous notices regarding allegedly infringing content with no consequences to claimant. Section 41.25(2) includes considerable specificity about what […]