The first episode of the new season of the Lawbytes podcast is dedicated to my good friend and colleague Ian Kerr, a giant in the law and technology field, who passed away on August 27th after battling complications arising from cancer. Ian’s generosity, warmth, and good humour touched the lives of thousands of people. Whether national privacy commissioners or first-year law students, he made time for everyone, offering encouragement, insight, and a deeply held view that everyone had an opportunity and responsibility to help shape our collective digital future. The Faculty of Law plans to celebrate Ian in an event scheduled for Friday, September 27th at 11:30 am. There is also an Ian R. Kerr Memorial Fund that will support scholarships, fellowships, activities and initiatives honouring his legacy.

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The last episode of Season One of the Lawbytes podcast (new episodes will resume in September) returns to WIPO, the World Intellectual Property Organization and its proposed BRIP database. The BRIP database, which stands for Building Respect for Intellectual Property, will be a database of allegedly infringing websites. While some of the details remain sketchy, the basics are that BRIP will be a database of allegedly infringing websites that could be used by advertisers to stop advertising on those sites, payment providers to stop service, or even site blocking initiatives to mandate ISP blocking. Yet the BRIP database currently envisions the possibility of lobby groups such as the movie and music associations inserting sites in the database with no oversight, no review, and not even any transparent standards.

That approach caught the attention of Rick Shera, a lawyer in New Zealand with Lowndes Jordan and one of that country’s leading IP and Internet law experts. Rick posted a Twitter stream on the risks associated with false IP accusations, speaking from the experience of one of his clients. He joins me on the podcast this week to discuss the experience of MEGA and the risks of false IP claims.

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The question of what responsibility should lie with Internet platforms for the content they host that is posted by their users has been the subject of debate around in the world as politicians, regulators, and the broader public seek to navigate policy choices to combat harmful speech that have implications for freedom of expression, online harms, competition, and innovation. To help sort through the policy options, Daphne Keller, the Director of Intermediary Liability at Stanford’s Center for Internet and Society, joins the podcast this week. She recently posted an excellent article on the Balkinization blog that provided a helpful guide to intermediary liability law making and agreed to chat about how policy makers can adjust the dials on new rules to best reflect national goals.

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Canada has a well-earned reputation for some of the highest wireless prices in the world with numerous comparative studies finding that consumers pay relatively high prices for low amounts of data. There are obviously many factors behind pricing, but for many consumers the top line issue is how much does the wireless service cost and how much data do I get? Rewheel Research, a Finland based consultancy, has been at the forefront of pricing comparisons with extensive analysis of  mobile data pricing in countries around the world. Its reports have often called out Canada, recently noting that prices are “a world apart” from more competitive markets. With Canadian telco giant Telus commissioning a study to challenge the Rewheel research, I’m joined this week on the Lawbytes podcast by Antonios Drossos, managing partner of the firm, who talked to me from Helsinki about their findings, what lies behind Canada’s wireless pricing, and the Telus-backed study.

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Technology transfer in the university context has emerged as significant policy issue with governments seeking to maximize the benefits of public investment in research at Canadian universities. For example, the Ford government in Ontario recently launched an expert panel on intellectual property squarely focused on the issue that speaks to maximizing commercialization opportunities with an emphasis on intellectual property. But what if maximizing commercialization opportunities does not mean prioritizing patents?  Professor Richard Gold from McGill University’s Faculty of Law argues that universities should get out of the patenting game. He joins me on the Lawbytes podcast this week to discuss the failure of patent first strategies and why open science may offer a better path for commercialization success.

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