Latest Posts

U.S. Judge Rules Fair Use Should Factor Into Notice and Takedown Demands

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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August 21, 2008 Comments are Disabled News

The Tyee on Roaming Envy

The Tyee contrasts the Canadian wireless market with the experience in Europe.

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August 21, 2008 Comments are Disabled News

61 Reforms to C-61, Day 43: ILTs – Safe Harbour Largely Illusory

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 […]

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August 20, 2008 2 comments News

Copyright Lobbying Behind Closed Doors

As thousands of individual Canadians speak out against C-61 this summer, certain groups have obtained special access to Industry Minister Jim Prentice and his political team to make their case.  The new lobbying rules require lobbyists to report their communications with politicians, political staff, and senior policy officials.  With the […]

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August 20, 2008 13 comments News

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 […]

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August 19, 2008 8 comments News