The document discusses the principle of technological neutrality in Canadian copyright law. It provides definitions and explanations of the principle. Technological neutrality means that the Copyright Act should not favor or discriminate against any technology. It is based on balancing the interests of users and rights holders. The principle applies both to determining whether an activity requires a copyright and to valuating copyright licenses. Valuations must consider the value provided to users by different technologies and compensate rights holders accordingly, while balancing user and holder interests. The document analyzes how the Federal Court of Appeal found the Copyright Board's valuation in the CBC vs. SODRAC case did not properly apply the principle of technological neutrality.
Sookman law socity_12_minute_civil_litigatorbsookman
Last fall, the BC Supreme Court canvassed in great detail whether "web wrap" also known as "browse wrap" agreements are potentially enforceable. I gave a talk at the Law Society of Upper Canada that summarized the conclusions and reasoning of the court in the Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196 case. These are the slides from my talk.
4-Pager PDF, Confidential Executive Summary for our $3M Private Placement for Settle-Now. The document outlines the market, our products/services, competition, our differentiation and defines the opportunity for investment.
Sookman law socity_12_minute_civil_litigatorbsookman
Last fall, the BC Supreme Court canvassed in great detail whether "web wrap" also known as "browse wrap" agreements are potentially enforceable. I gave a talk at the Law Society of Upper Canada that summarized the conclusions and reasoning of the court in the Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196 case. These are the slides from my talk.
4-Pager PDF, Confidential Executive Summary for our $3M Private Placement for Settle-Now. The document outlines the market, our products/services, competition, our differentiation and defines the opportunity for investment.
OASIS response to EU Digital Agenda January 2010-11 cloud computing survey. See: http://cordis.europa.eu/fp7/ict/ssai/events-20100126-cloud-computing_en.html
This presentation is about how Internet can serve as a medium of dispute Resolution for various commercial and contractual disputes. Delivered at a CIAC conference in India by Cyberlaw expert, Karnika Seth it describes various ODR models available on Internet in India and other countries and discusses steps required to be adopted for its implementation in India .
For the past few years British Columbia has been working on the Civil Resolution Tribunal, an online tribunal dedicated to help resolve small claims(<$5000) and condominium disputes. Now two people that have worked in depth on the project, Darin Thompson and james Anderson, share more information about their project.
Snapshot of Canadian Local Procurement & Implications for CETA Part 1Genevieve Tran
Non-Federal procurement accounts for 85% of all spending by government in Canada (=almost $250 bn). So, trade agreements like CETA necessarily affect the ability of cities and provinces to use procurement strategically (they are required to open up to competition with trading partners over certain $ thresholds). However, that means that local governments do have some leeway to be strategic. Many people are concerned with the restrictions trade agreements like CETA pose on a city's ability to self-determine its socio-economy through government spending. But, first, are we even using the levels of control we have? Part 1 identifies what our leeway is / has long been under WTO and NAFTA and if it's even being used. Part 2 will find out how strategic procurement is (not) being used by Canada and its trading partners.
Why We Are Open Sourcing ContraxSuite and Some Thoughts About Legal Tech and ...Daniel Katz
Why We Are Open Sourcing ContraxSuite and Some Thoughts About Legal Tech and the Modern Information Economy - By Michael Bommarito + Daniel Martin Katz from LexPredict
Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.
The City of Toronto, like many other municipalities, invest in incubators and small business development on one hand, but fail to give them much business through contract bidding on the other. Their lengthy, time-consuming procurement process largely favours the 800lbs gorillas, leaving many new start-ups without the benefit of the biggest buyer in town's attention. People wonder why City functions lack innovation and progress. We unearth the forensics behind it all...enjoy!
Revue de presse IoT / Data / Energie du 02/04/2017Romain Bochet
Bonjour,
Voici la revue de presse IoT/data/energie du 2 avril 2017.
Cette semaine moins d’articles, mais de très intéressantes analyses sur le futur des entreprises de distribution d’électricité. Un futur a composer avec plus de renouvelables, de micro voire nano-grids, et des technologies qui vont dans le sens de la désintermédiation. Avec en trame de fond (et en dernier article) l’importance du mix IOT x data x intelligence artificielle.
C’est long mais ça vaut le coup, alors bonne lecture !
- How Blockchain Tech Will Create a Distributed Future for the Energy Sector
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- Innovative Technologies Driving the Energy Revolution
- Blockchain 2.0 dans l'énergie vue par France Stratégie
- How Will Artificial Intelligence Improve the Internet of Things?
OASIS response to EU Digital Agenda January 2010-11 cloud computing survey. See: http://cordis.europa.eu/fp7/ict/ssai/events-20100126-cloud-computing_en.html
This presentation is about how Internet can serve as a medium of dispute Resolution for various commercial and contractual disputes. Delivered at a CIAC conference in India by Cyberlaw expert, Karnika Seth it describes various ODR models available on Internet in India and other countries and discusses steps required to be adopted for its implementation in India .
For the past few years British Columbia has been working on the Civil Resolution Tribunal, an online tribunal dedicated to help resolve small claims(<$5000) and condominium disputes. Now two people that have worked in depth on the project, Darin Thompson and james Anderson, share more information about their project.
Snapshot of Canadian Local Procurement & Implications for CETA Part 1Genevieve Tran
Non-Federal procurement accounts for 85% of all spending by government in Canada (=almost $250 bn). So, trade agreements like CETA necessarily affect the ability of cities and provinces to use procurement strategically (they are required to open up to competition with trading partners over certain $ thresholds). However, that means that local governments do have some leeway to be strategic. Many people are concerned with the restrictions trade agreements like CETA pose on a city's ability to self-determine its socio-economy through government spending. But, first, are we even using the levels of control we have? Part 1 identifies what our leeway is / has long been under WTO and NAFTA and if it's even being used. Part 2 will find out how strategic procurement is (not) being used by Canada and its trading partners.
Why We Are Open Sourcing ContraxSuite and Some Thoughts About Legal Tech and ...Daniel Katz
Why We Are Open Sourcing ContraxSuite and Some Thoughts About Legal Tech and the Modern Information Economy - By Michael Bommarito + Daniel Martin Katz from LexPredict
Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.
The City of Toronto, like many other municipalities, invest in incubators and small business development on one hand, but fail to give them much business through contract bidding on the other. Their lengthy, time-consuming procurement process largely favours the 800lbs gorillas, leaving many new start-ups without the benefit of the biggest buyer in town's attention. People wonder why City functions lack innovation and progress. We unearth the forensics behind it all...enjoy!
Revue de presse IoT / Data / Energie du 02/04/2017Romain Bochet
Bonjour,
Voici la revue de presse IoT/data/energie du 2 avril 2017.
Cette semaine moins d’articles, mais de très intéressantes analyses sur le futur des entreprises de distribution d’électricité. Un futur a composer avec plus de renouvelables, de micro voire nano-grids, et des technologies qui vont dans le sens de la désintermédiation. Avec en trame de fond (et en dernier article) l’importance du mix IOT x data x intelligence artificielle.
C’est long mais ça vaut le coup, alors bonne lecture !
- How Blockchain Tech Will Create a Distributed Future for the Energy Sector
- Nanogrids, Microgrids, and Big Data: The Future of the Power Grid
- Innovative Technologies Driving the Energy Revolution
- Blockchain 2.0 dans l'énergie vue par France Stratégie
- How Will Artificial Intelligence Improve the Internet of Things?
ASU Law Blockchain & Energy Policy Introduction & AZTC Fintech Policy 1/16/19Mark Goldstein
I introduced and moderated the ASU O’Connor College of Law’s Center for Law, Science and Innovation luncheon on January 16th, 2019 themed Blockchain and Energy Policy Forum in Downtown Phoenix with details at http://events.asucollegeoflaw.com/blockchain/energy-policy/.
Here’s my brief introductory presentation and the luncheon agenda along with the Arizona Tech Council’s State & Federal Fintech policy brief for 2019 FYI. You can access the complete Public Policy Guide at https://www.aztechcouncil.org/arizona-technology-council-public-policy-guide/.
The luncheon series will continue with programs on February 20th (Blockchain: Smart Contracts, Real Estate, and Supply Chain), March 20th (Blockchain and Healthcare) & April 17 (Blockchain: Privacy and Identity). Details at http://events.asucollegeoflaw.com/blockchain/.
We discuss the implications that the new EU directive is having and what other legislation may be introduced in the coming decade that could shape procurement in the future?
Presented by: Andrew Millross (Anthony Collins Solicitors LLP) at PfH Live 2014
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SMART CONTRACT – ACHIEVEMENT OF BLOCKCHAIN APPLICATION, LOOPHOLES AND RECOMMENDATION FOR VIETNAM
an analysis of the personal and property security obligations and correspondi...ijtsrd
As a new law, the Electronic Commerce Law has attracted the attention of the public since its inception. The legislative process concerning the second paragraph of Article 38 of this law has triggered heated discussions. The original joint liability has been changed to supplementary liability. In the end, it was changed to corresponding responsibilities. After many revisions and evaluations, the legislator finally determined it as the existing clause. This is an innovative and highly compromised product established by many parties after several trade offs. Its formulation has a major impact on the construction of the current e commerce platform and has great research value. In this article, the author tries to analyze this article by layer. First, starting from the subject of the corresponding liability , analyze the objects regulated by the law e commerce platform operators, and the objects of its protection damaged consumers. The second is to analyze the content of the regulations. First, it analyzes the concept, origin and standards of the personal safety guarantee obligations stipulated by the law, as well as the specific circumstances in which they are applied then, analyzes the corresponding responsibilities that violate the security obligations. Concepts and origins, and conduct a comparative analysis of the applicable content and applicable methods of the associated joint and several liabilities and supplementary liabilities, and further analyze the applicable conditions of the corresponding responsibility , and select typical cases related to the corresponding responsibility for research , To determine its impact on the e commerce platform. Finally, it analyzes related existing cases and discusses the problems arising from the practical operation of judicial trials from three aspects legislation, law enforcement, and justice system design construction and improvement of corresponding responsibilities legal system plan And system law enforcement mechanism and proposed to optimize the corresponding responsibility judicial application system, and finally put forward suggestions on the improvement of the corresponding responsibility system. Changjun Wu | Yaoting Cheng "An Analysis of the Personal and Property Security Obligations and "Corresponding Responsibilities" of E-Commerce Platform Operators" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-4 | Issue-5 , August 2020, URL: https://www.ijtsrd.com/papers/ijtsrd32982.pdf Paper Url :https://www.ijtsrd.com/management/law-and-management/32982/an-analysis-of-the-personal-and-property-security-obligations-and-corresponding-responsibilities-of-ecommerce-platform-operators/changjun-wu
TRPC director Dr. John Ure's presented on "Preparing for tomorrow: Regulation in a data-drive connected world" at Session 2: "The changing rules of the game" at the Inaugural ICT Regulators' Leadership Retreat, that took place in Singapore from 18 to 20 March 2015, organized by the Telecommunication Development Bureau (BDT) and the Infocomm Development Authority of Singapore (IDA).
Similar to Copyright and Technological Neutrality: CBC v Sodrac (20)
These are the slides from my annual presentation to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covered the period from June 2014 to June 2015. The developments included cases from Canada, the U.S. the U.K. and other Commonwealth countries.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
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Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Lifting the Corporate Veil. Power Point Presentationseri bangash
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Copyright and Technological Neutrality: CBC v Sodrac
1. McCarthy Tétrault LLP / mccarthy.ca
Copyright and Technological Neutrality:
CBC vs SODRAC
LSUC: 20th Annual IP Law:
The Year in Review
Barry B. Sookman
Direct Line: (416) 601-7949
E-Mail: bsookman@mccarthy.ca
January 26, 2016
2. McCarthy Tétrault LLP / mccarthy.ca
What is the principle?
¬ “The principle of technological neutrality is recognition that,
absent parliamentary intent to the contrary, the Copyright Act
should not be interpreted or applied to favour or discriminate
against any particular form of technology.”
¬ “The Federal Court of Appeal set out a fair reading of ESA when
it described it as establishing that “[t]echnological neutrality is
determined by functional equivalence: para. 39.”
¬ “technological neutrality required the consideration of the
difference between the old and new forms of delivery of works. In
the absence of any difference between them, no separate right
was engaged.”
¬ ““an additional layer of protections and fees” [should] not be
imposed based solely on technological change: ESA, at para. 9.”
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3. McCarthy Tétrault LLP / mccarthy.ca
Source of the principle?
“It is derived from the balancing of user and right-
holder interests discussed by this Court in Théberge
— a “balance between promoting the public interest in
the encouragement and dissemination of works of the
arts and intellect and obtaining a just reward for the
creator”: para. 30. Because this long-standing
principle informs the Copyright Act as a whole, it must
be maintained across all technological contexts: “The
traditional balance between authors and users should
be preserved in the digital environment”: ESA, at
para. 8.”
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4. McCarthy Tétrault LLP / mccarthy.ca
It’s place and role in the Act?
¬ “The Copyright Act as a whole is to be read having regard
to the principles of technological neutrality and balance,
unless its text indicates otherwise.”
¬ “the principles of balancing user and right-holder interests
and of technological neutrality are central to Canadian
copyright law, they cannot change the express terms of the
Copyright Act.”
¬ “Arguments based on purpose in the form of technological
neutrality and balance are advanced to come to the
opposite conclusion, but purposive construction is a tool of
statutory interpretation to assist in understanding the
meaning of the text. It is not a stand-alone basis for the
Court to develop its own theory of what it considers
appropriate policy.”
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5. McCarthy Tétrault LLP / mccarthy.ca
Scope in valuation contexts
¬ “Overall, the Board’s valuation analysis must comport with the
Copyright Act’s fundamental requirement to recognize
technological neutrality and balance between user and right-
holder interests.”
¬ “…where the right is engaged, the issue becomes one of
valuation of that right, and the principles of technological
neutrality and balance must be adapted to the valuation context.”
¬ “In the regulatory context, the principle of technological neutrality
applies to valuation of a reproduction licence, just as it does in
determining whether an activity implicates copyright at all.”
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6. McCarthy Tétrault LLP / mccarthy.ca
How the principle applies in valuation
contexts?
¬ “ technological neutrality requires that different
technologies using reproductions of copyright
protected work that produce the same value to the
users should be treated the same way.”
¬ “technological neutrality implies that it would be
improper to impose higher copyright licensing costs
on the user of one technology than would be
imposed on the user of a different technology.”
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7. McCarthy Tétrault LLP / mccarthy.ca
How the principle applies in valuation
contexts?
¬ “Conversely, different technologies using
reproductions that produce different values should not
be treated the same way.”
¬ “Where the user of one technology derives greater
value from the use of reproductions of copyright
protected work than another user using reproductions
of the copyright protected work in a different
technology, technological neutrality will imply that the
copyright holder should be entitled to a larger royalty
from the user who obtains such greater value.”
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8. McCarthy Tétrault LLP / mccarthy.ca
Valuation principles
“When it is tasked with fixing licence fees, the Board
must have regard to factors it considers relevant in
striking a balance between the rights of users and right-
holders. Relevant factors will include, but are not limited
to, the risks taken by the user, the extent of the
investment the user made in the new technology, and
the nature of the copyright protected work’s use in the
new technology. The Board must assess the respective
contributions of, on the one hand, the risks taken by the
user and the investment made by the user, and on the
other hand, the reproductions of the copyright protected
works, to the value enjoyed by the user.”
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9. McCarthy Tétrault LLP / mccarthy.ca
Value to users
“When it is tasked with determining the value of a
right, an important consideration for the Board is the
value of that right to the user. The value of the use of
reproductions in one technology may stem from
functional differences from use in another
technology. Value differences may also stem from
internal efficiencies between technologies. Ignoring
internal efficiencies would result in rights holders
being denied additional royalties when the use of
their copyrighted work in the more efficient
technology confers greater value to the user of that
technology.”
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10. McCarthy Tétrault LLP / mccarthy.ca
Result in the case?
“It is evident both from the Board’s reasons in this
case and the reasoning underlying the historical use
of the 1:3.2 ratio, that the valuation of the licence fee
covering CBC’s broadcast-incidental copying did not
apply a valuation method consistent with the principle
of technological neutrality because there was no
comparison of the value contributed by the copyright
protected reproductions as between CBC’s prior
technology and its new digital technology. It also
failed to take into account the relative contributions
made by the use of copyright protected works and the
risk and investment by the user in its digital
technology, as required by the balance principle. “
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11. McCarthy Tétrault LLP / mccarthy.ca
Implications
¬ Statutory construction contexts
¬ Interpretive principle
¬ Relevance of rights in analog technologies to digital
technologies?
¬ Recognition of additional rights based on
technological changes?
¬ Rate setting
¬ Just compensation
¬ Balancing of user and rights holder interests
¬ Technological neutrality analysis
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12. McCarthy Tétrault LLP / mccarthy.ca
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