Telecom by yum9me (CC BY-NC-ND 2.0) https://flic.kr/p/53jSy4

Telecom by yum9me (CC BY-NC-ND 2.0) https://flic.kr/p/53jSy4

Telecom

ITU Report Says Canada Slipped to 26th Worldwide in ICT Development Index

The International Telecommunications Union yesterday released its Measuring the Information Society 2011 report, which benchmarks information society developments worldwide.  The centrepiece of the report is the ICT Development Index, which tracks 11 different indicators focused on access, use, and skills (the eleven indicators are: fixed telephone line subscriptions, mobile subscriptions, […]

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September 16, 2011 16 comments News

Digital Issues Largely Missing From Ontario Election Campaign

The Ontario election campaign kicked off last week with the Liberals, Progressive Conservatives, and NDP promoting their policy platforms and quickly jumping into debates on the economy, health care and education. While the dominance of those three issues is unsurprising, my weekly technology law column (Toronto Star version, homepage version) notes those Ontarians hoping for some discussion of digital policy were bound to be a bit disappointed.

The Liberal platform references the importance of jobs in the technology and media sectors, but offers little else on the digital economy. The Progressive Conservatives are the only party to make a commitment to open government – their platform follows developments in many other jurisdictions that pledge to make government data more readily available for public use – but other digital issues are ignored. The NDP makes no reference to digital policies at all.

The federal government tends to lead on digital policies, though its much-anticipated digital economy strategy is months overdue. Yet for constitutional reasons that grant the provinces jurisdiction over property and civil rights, many important issues fall to the provinces.

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September 13, 2011 11 comments Columns

BC Court Rules Rogers’ Zoocasa Real Estate Site Infringed Copyright, Breached Terms of Use

The B.C. Supreme Court has issued a lengthy ruling against Rogers Communications and its real estate search site, Zoocasa. The case originates from Century 21’s objections to Zoocasa’s scraping of its real estate listings and incorporating them into its own site. Zoocasa scraped the full listings for several months starting in August 2008, but in November 2008 switched to “truncated” descriptions that provide only basic information. In August 2009, Zoocasa began “framing” other sites, but it stopped that practice in December 2009.  Zoocasa stopped indexing Century 21 listings in 2010.

The decision includes many important findings on online contracts, trespass, and copyright. The court canvasses the law of online contracts and concludes that website terms of use can be enforceable.  In this particular case, Century 21’s terms prohibited copying or scraping its content. By doing so, Zoocasa breached the contract. The court awarded $1,000 in damages for the breach. Note that the court even finds that continuing to link to the Century 21 site (a practice prohibited by Century 21 once it provides notice) was a breach of the contract.

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September 8, 2011 17 comments News

Rogers Admits It May Be Throttling Online Games

CBC.ca provides a detailed look at the ongoing battle between Rogers and the Canadian Gamers Organization with Rogers admitting to the CRTC that it may be throttling other games besides World of Warcraft and Call of Duty: Black Ops.

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September 7, 2011 Comments are Disabled News

Rogers Applies to Establish a Bank

Rogers Communications has filed an application under the Bank Act to establish a bank to be known as Rogers Bank, primarily focused on credit, payment and charge card services.

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September 6, 2011 9 comments News