Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

Irish ISP To Adopt Three Strikes Approach

The Irish Times reports that Eircom, a leading Irish ISP, has settled an ongoing dispute with the major record labels and agreed to implement a three strikes and you're out approach.

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January 29, 2009 1 comment News

RCMP Arrests Three For Pirated DVD Sales

The RMCP in Hamilton have arrested four men for violating the Copyright Act by selling pirated DVDs.

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January 29, 2009 5 comments News

Why the U.S. Lost Its WTO IP Complaint Against China. Badly.

The World Trade Organization yesterday released its much-anticipated decision involving a U.S. complaint against China over its protection and enforcement of intellectual property rights.  The U.S. quickly proclaimed victory, with newspaper headlines trumpeting the WTO panel's requirement that China reform elements of its intellectual property laws.  For its part, China was conciliatory and offered to work with the international community to resolve the concerns raised by the decision.  Reuters notes that the Chinese reaction is far less combative than it has been other issues.

Why the muted response?  I suspect that it is because anyone who bothers to work through the 147 page decision will find that the headlines get it wrong.  The U.S. did not win this case, but rather lost badly. China is required to amend elements of its copyright law, but on the big issues of this case – border measures and IP enforcement – almost all of the contested laws were upheld as valid.  Further, the ramifications of this case extend well beyond China's laws into other areas such as ACTA, since it points to the considerable flexiblity that countries have in meeting their international obligations on these issues.

The case centred on three key issues:

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January 27, 2009 15 comments News

Canadian Chamber of Commerce Leads the Way on IP Lobbying

Howard Knopf points to a Hill Times article that quotes Geoff Norquay as stating that the copyright lobby will be out in full force with the resumption of Parliament and that he expects a new bill within months.  Norquay is registered to lobby on copyright on behalf of both Microsoft and the Canadian Association of Broadcasters.  While those groups will undoubtedly be active, the Canadian Chamber of Commerce has emerged as one of the most active lobbyist on intellectual property.  Despite some dissension within the Chambers themselves, the national body formed a lobby specific group and it has been very active.  Another counterfeiting event is planned for next week where the "best practices" and special presentations come from the United States. 

More interestingly, the Chamber continues to lobby government directly.  According to the latest lobbying reports, Chamber President Perrin Beatty was active late last year, meeting with Assistant Privacy Commissioner Elizabeth Denham to discuss copyright and digital rights management, as well as with senior Industry Canada officials to discuss copyright and the report on intellectual property by McGill professor Robert Gold that concluded that IP laws may be stifling innovation and that increased patent protection may hamper future innovation (the Gold report has also been the subject of an industry-led access to information request).

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January 27, 2009 5 comments News

Canada Post Plays Grinch in Takedown Fight

Late last year, Canada Post and the Public Service Alliance of Canada became embroiled in a heated strike action over sick pay benefits. In the midst of the dispute, several PSAC members took direct aim at Canada Post CEO Moya Greene, recording a short parody video titled "The Greench." The video, which was posted on YouTube, adapted the well-known Dr. Seuss tune "You’re a Mean One, Mr. Grinch" to criticize Greene and the company. While the creation of a protest video is not particularly noteworthy, what followed soon after is.  Just as the video began to attract some attention, YouTube removed it after receiving a complaint from Canada Post alleging that the video violated the company’s copyright.

My weekly technology law column (Toronto Star version, homepage version) argues that the case highlights a common occurrence under U.S. law, which allows copyright owners to file complaints with web hosts such as YouTube if they believe that the site is hosting infringing content. Under the law, the web host avoids liability if it immediately removes the content.  No court or independent third party reviews the infringement claim since nothing more than a complaint that meets certain criteria is needed.  The statutory requirements include providing a statement that the complainant has a "good faith belief that use of the material in the manner complained of its not authorized by the copyright owner, its agent or the law."

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January 26, 2009 6 comments Columns