[IP] Canadian Tech Law in 2005 From A to Z
Begin forwarded message:
From: Michael Geist <mgeist@xxxxxxxxx>
Date: December 26, 2005 9:38:29 AM EST
To: dave@xxxxxxxxxx
Subject: Canadian Tech Law in 2005 From A to Z
Dave,
Of possible interest to IP - my last weekly Law Bytes column of 2005,
features my annual A to Z review of the year in Canadian law and
technology. From legislative proposals involving copyright, network
surveillance, and Internet pharmacies to case law focused on popular
consumer products such as the Apple iPod and the Lego brand of toy
blocks, there were few dull moments this past year.
Toronto Star version at
http://geist2005yearinreview.notlong.com/
Freely available version at
http://www.michaelgeist.ca/index.php?
option=com_content&task=view&id=1048
Best wishes for a happy holidays and a great 2006.
MG
CANADIAN TECH LAW IN 2005 FROM A TO Z
As 2005 comes to a close, my annual A to Z review of the year in
Canadian law and technology reveals a remarkably busy twelve months.
From legislative proposals involving copyright, network
surveillance, and Internet pharmacies to case law focused on popular
consumer products such as the Apple iPod and the Lego brand of toy
blocks, there were few dull moments this past year.
A is for the Apple iPod, which the Supreme Court of Canada affirmed
in July would not be subject to the private copying levy when it
declined to hear an appeal of a case involving copyright levies on
digital audio players. In response to concerns that the decision
rendered consumer copying of music from store-bought CDs to iPods
unlawful, the Canadian Recording Industry Association undertook not
to launch any lawsuits over such copying.
B is for Paul Bryan, a British Columbia resident who unsuccessfully
challenged the constitutionality of the Canada Election Act's
prohibition on Internet disclosures of election results before polls
close nationwide. In December, the Supreme Court of Canada agreed to
hear an appeal of the decision sometime in 2006.
C is for a handful of technology law bills introduced in 2005 in the
House of Commons including Bill C-60 (digital copyright), Bill C-74
(lawful access), and Bill C-83 (Internet pharmacies). All three
bills died on the order paper with the late November election call.
D is for the do-not-call list, legislation which the Senate passed
just minutes before closing down for the election. Critics expressed
skepticism about the bill's effectiveness after lobby groups
succeeded in obtaining a broad range of exceptions.
E is for education and copyright, the source of a heated public
relations battle between education groups and copyright collectives.
The government had promised a fall public consultation on the issue
that never materialized.
F is for file sharing litigation, which continued with CRIA's appeal
of a lower court decision denying a demand to compel five ISPs to
disclose the identity of 29 alleged file sharers. The Federal Court
of Appeal affirmed the denial, though it opened the door to future
lawsuits.
G is for the Gomery Report and the failed publication ban on Jean
Brault's testimony. Within hours of his inquiry appearance, details
on the testimony were posted on the Internet by a U.S. blogger.
H is for Harry Potter and the Raincoast Books injunction that ordered
13 purchasers to return their copies and prohibited reading the best
seller before its official distribution date.
I for Internet telephony and the Canadian Radio-television and
Telecommunications Commission May decision that left software-based
services such as Skype unregulated, yet determined that incumbent
telecommunications providers would be subject to regulatory
oversight. Several providers asked the government to review the
decision.
J is for a threatened lawsuit by the Jehovah's Witnesses' Watch Tower
Society against a Toronto-based website owner who posted excerpts of
religious texts online. The Society claims copyright and trademark
infringement, arguing that the postings were meant to embarrass the
Society.
K is for keystroke logging, an invasive technology that enables
employers to track their employees' computer use. In June, Alberta
Privacy Commissioner Frank established limits on the use of the
technology after a library employee filed a complaint.
L is Lego, which lost a Supreme Court of Canada decision over whether
it could use trademark law to stop Mega Blocks, a Canadian toy
manufacturer, from replicating its toy building blocks. The Canadian
high court rejected Lego's arguments, warning against over-protective
intellectual property laws.
M is for Member of Parliament domain names, several of which were
scooped up by a group opposed to same sex marriage legislation. The
development generated discussion in the House of Commons and also a
new political awareness of the need to renew domain name registrations.
N is for the New York Post, which found itself on the losing end of a
legal fight with former Vancouver Canucks General Manager Brian
Burke. Burke sued the Post for Internet defamation in the B.C.
courts, which asserted jurisdiction over the matter despite the
objections of the paper.
O is for Online Rights Canada, a new grassroots Canadian online civil
liberties group formed in December by the Canadian Internet Policy
and Public Interest Clinic and the U.S.-based Electronic Frontier
Foundation.
P is for Privacy Commissioner Jennifer Stoddart, who was stunned to
find herself on the front cover a national newsmagazine after a
reporter was able to access her detailed phone and cellphone records
from a U.S. online data broker. The matter remains the subject of a
cross-border investigation.
Q is for Quebec v. Produits Metalliques CMP, a February Quebec court
case that held a company liable for failing to provide a French
version of its website. The court ruled that French language laws can
be broadly interpreted to cover online content and that the company
had ignored the law for seven years despite repeated requests to comply.
R is for Sony BMG's rootkit, a copy-control technology that was
inserted into dozens of CDs and then secretly installed in more than
500,000 computers worldwide. Sony recalled millions of CDs after a
security researcher discovered that the technology posed a
significant security risk.
S is for the Spam Task Force, which released its final report in
May. The report called on the government to introduce tough anti-
spam legislation backed by significant new financial penalties.
T is for the Telecommunications Policy Review Panel, which conducted
a comprehensive review of Canadian telecommunications law. The Panel
is scheduled to release its report early next year.
U is for a University Affairs editorial published by National Science
Advisor Arthur Carty that promoted a "culture of sharing" within the
scientific community. Carty urged funding agencies to embrace open
access models to better ensure that scientific results becomes widely
disseminated.
V is for the Voices for Change website, which was blocked by Telus
during a contentious labour dispute. The Telus blockage also
eliminated access to more than 600 additional websites that shared
the same IP address.
W is for the Washington Post, which successfully appealed a lower
court decision involving a defamation claim over an article first
published in mid-1990s. The plaintiff argued that Ontario was a
suitable jurisdiction to hear the case since the article remained
available online.
X is for XM Radio, one of three successful bidders for satellite
radio licenses. The CRTC decision, including the establishment of
media-specific Canadian content requirements, led to a flurry of
lobbying activity as the government briefly contemplated asking the
Commission to re-consider its decision.
Y is for Yukon as well as other northern Canadian communities that
stand to benefit from a broadband initiative unveiled in the fall.
The initiative seeks to provide high-speed Internet access to dozens
of remote towns and villages.
Z is for Ernst Zundel, who was deported to Germany in February
following a lengthy battle over Internet hate content.
Michael Geist holds the Canada Research Chair in Internet and E-
commerce Law at the University of Ottawa, Faculty of Law. He can
reached at mgeist@xxxxxxxxxx or online at www.michaelgeist.ca.
--
**********************************************************************
Professor Michael A. Geist
Canada Research Chair in Internet and E-commerce Law
University of Ottawa, Faculty of Law
57 Louis Pasteur St., Ottawa, Ontario, K1N 6N5
Tel: 613-562-5800, x3319 Fax: 613-562-5124
mgeist@xxxxxxxxx http://www.michaelgeist.ca
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