This document summarizes key Canadian court cases regarding technology and copyright law. Recent decisions found that downloading a video game is not a communication but obtaining a copy, that on-demand music streams are communications to the public, and that previewing music could be considered fair dealing. Network personal video recorders were found to involve the broadcaster in copying. Links alone do not constitute publication, and copyright reform aims to address exceptions for formats like user-generated content.
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.
Protecting Your Consumer Product and Retail Brand in the Social Media EraElder C. Marques
This presentation looks at the promise and perils of social media for retailers and consumer product companies. It surveys some key legal issues relating to the protection of consumer brands online. Social media improves the way that brands can connect with consumers, but it also permits real damage to be done to brands quickly.
Old Rules for New Issues With New Media:
Is There a Gap in Intellectual Property Law?
Law Society Special Lectures 2012:
Employment Law and the New Workplace
in the Social Media Age
Offsets in Defence Procurement in Canada - ConsiderationsBrenda Swick
Companies that bid on defence and Canadian Coast Guard contracts are well aware of Canada’s Industrial and Regional Benefits (IRB) Policy, which requires them to undertake business activities in Canada that are valued at 100 percent of the prime contract with Public Works and Government Services Canada. Under Canada’s new Defence Procurement Strategy, IRBs, now called “Value Propositions for Industrial Technological Benefits (ITBs),” will, for the first time, be a rated requirement in the evaluation of a bidder’s proposal. This means that bidders with an otherwise competitive bid are now exposed to losing to a competitor whose bid contains a stronger Value Proposition. The rules are still being developed and therefore bidders would be well advised to keep abreast of the implementation of this new rated requirement. Bidders should ensure that they understand up front the Value Proposition requirement in the solicitation document as well as rules for challenging it, if necessary. Finally, Canada’s new Integrity Provisions will now apply to prime contractors that flow down some of their offset requirements to subcontractors; prime contractors would therefore be well advised to ensure that their subcontractors are willing and able to sign onto terms similar to those set out in the Integrity Provisions. Failure to do so could result in the termination of the contract and imposition of damages very unfavourable to the prime contractor.
All of these issues are discussed in the presentation to the European Countertrade and Offsets Club to be given in Vienna, on November 20, 2014.
Canadian Telecom Deals - Trends and PitfallsDavidCrane
A presentation on the current trends and pitfalls of Canadian telecom deals from a legal perspective. This presentation was given by David Crane, a partner at McCarthy Tetrault LLP, at McCarthy Tetrault's 2012 Technology Law Summit in Toronto, Ontario.
Beat the content crunch enhancing video delivery with (mobile) edge computingAlexander Cherry
- The Streaming Challenge, or Bringing the Mountain to Mohammed
- Edge Computing for Network Operators: The Content-Delivery Business Case
- Put the Cash back into Caching
- Unleash Mobile Video with LTE Broadcast (eMBMS)
- Optimising Streaming Media in Real Time
- Next-Gen Killer Apps with Edge Video Orchestration & Analytics
- The Internet of Caches
Api days 2014 from theatrophone to ap is_the 2020 telco challenge_Luis Borges Quina
"From the theatrophone, to apps ... to APIs: the
2020 Telco innovation challenge"
From the inception of Meucci's Teletroffono to the Theatrophon, first on-demand live events broadcasting service, Telecoms have always been a provider of life changing technologies. But since the rise of "Over
The Top" services (Viber, WhatsApp, Skype,etc.), and the duopolistic Google and Apples' app distribution channels, the Telecom industry has been severely challenged. In this session, after reviewing the main disruptions, we will provide scenarios on how the Telco value chain will change in the next 5 years. And show how the app economy, Open Source and APIs are going to lead the change in this industry.
The perception gap: the barrier to disruptive innovation in telecomsMartin Geddes
The 'state of the possible' in telecoms is a long way ahead the 'state of the art'. The new science of network performance enables a large leap in customer experience and cost. However, the perception among operators is that only relatively small, incremental improvements are possible.
This presentation explores the reasons for this 'perception gap' between what is seen to be possible, and what actually is. It draws on our work at senior levels for tier 1 operators, as well as examples from outside the telecoms industry.
Overcoming this gap opens the possibility to disruptive innovation. Who will seize the opportunity? Incumbents, challengers or new entrants?
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.
Protecting Your Consumer Product and Retail Brand in the Social Media EraElder C. Marques
This presentation looks at the promise and perils of social media for retailers and consumer product companies. It surveys some key legal issues relating to the protection of consumer brands online. Social media improves the way that brands can connect with consumers, but it also permits real damage to be done to brands quickly.
Old Rules for New Issues With New Media:
Is There a Gap in Intellectual Property Law?
Law Society Special Lectures 2012:
Employment Law and the New Workplace
in the Social Media Age
Offsets in Defence Procurement in Canada - ConsiderationsBrenda Swick
Companies that bid on defence and Canadian Coast Guard contracts are well aware of Canada’s Industrial and Regional Benefits (IRB) Policy, which requires them to undertake business activities in Canada that are valued at 100 percent of the prime contract with Public Works and Government Services Canada. Under Canada’s new Defence Procurement Strategy, IRBs, now called “Value Propositions for Industrial Technological Benefits (ITBs),” will, for the first time, be a rated requirement in the evaluation of a bidder’s proposal. This means that bidders with an otherwise competitive bid are now exposed to losing to a competitor whose bid contains a stronger Value Proposition. The rules are still being developed and therefore bidders would be well advised to keep abreast of the implementation of this new rated requirement. Bidders should ensure that they understand up front the Value Proposition requirement in the solicitation document as well as rules for challenging it, if necessary. Finally, Canada’s new Integrity Provisions will now apply to prime contractors that flow down some of their offset requirements to subcontractors; prime contractors would therefore be well advised to ensure that their subcontractors are willing and able to sign onto terms similar to those set out in the Integrity Provisions. Failure to do so could result in the termination of the contract and imposition of damages very unfavourable to the prime contractor.
All of these issues are discussed in the presentation to the European Countertrade and Offsets Club to be given in Vienna, on November 20, 2014.
Canadian Telecom Deals - Trends and PitfallsDavidCrane
A presentation on the current trends and pitfalls of Canadian telecom deals from a legal perspective. This presentation was given by David Crane, a partner at McCarthy Tetrault LLP, at McCarthy Tetrault's 2012 Technology Law Summit in Toronto, Ontario.
Beat the content crunch enhancing video delivery with (mobile) edge computingAlexander Cherry
- The Streaming Challenge, or Bringing the Mountain to Mohammed
- Edge Computing for Network Operators: The Content-Delivery Business Case
- Put the Cash back into Caching
- Unleash Mobile Video with LTE Broadcast (eMBMS)
- Optimising Streaming Media in Real Time
- Next-Gen Killer Apps with Edge Video Orchestration & Analytics
- The Internet of Caches
Api days 2014 from theatrophone to ap is_the 2020 telco challenge_Luis Borges Quina
"From the theatrophone, to apps ... to APIs: the
2020 Telco innovation challenge"
From the inception of Meucci's Teletroffono to the Theatrophon, first on-demand live events broadcasting service, Telecoms have always been a provider of life changing technologies. But since the rise of "Over
The Top" services (Viber, WhatsApp, Skype,etc.), and the duopolistic Google and Apples' app distribution channels, the Telecom industry has been severely challenged. In this session, after reviewing the main disruptions, we will provide scenarios on how the Telco value chain will change in the next 5 years. And show how the app economy, Open Source and APIs are going to lead the change in this industry.
The perception gap: the barrier to disruptive innovation in telecomsMartin Geddes
The 'state of the possible' in telecoms is a long way ahead the 'state of the art'. The new science of network performance enables a large leap in customer experience and cost. However, the perception among operators is that only relatively small, incremental improvements are possible.
This presentation explores the reasons for this 'perception gap' between what is seen to be possible, and what actually is. It draws on our work at senior levels for tier 1 operators, as well as examples from outside the telecoms industry.
Overcoming this gap opens the possibility to disruptive innovation. Who will seize the opportunity? Incumbents, challengers or new entrants?
NEDAS NYC 2015-March 31, 2015 all presentations finalIlissa Miller
The Northeast DAS and Small Cell Association’s (NEDAS) Third Annual Spring In-Building Wireless Summit brings together leading industry executives, vendors, service providers and end-users for learning, sharing, collaborating and presentations on cutting-edge DAS, Wi-Fi, and small cell technology solutions. The Third Annual Spring 2015 Summit takes place March 31, 2015 in New York City. Industry executives, providers, end-users, IT managers, network engineers, architects, vendors and more attend and take part in pre-event training sessions and panel discussions that explore the evolving landscape of in-building wireless solutions and technologies. This event explores through a collaborative and open environment solutions that will support the convergence of wireline and wireless technologies inherent in today’s hybrid wireless systems (a.k.a. heterogeneous networks).
Dan Glover Indirect theories of copyright liabilitybsookman
Here is a copy of the presentation I gave at Osgoode's inaugural IP Intensive Program. The slides deal with theories of indirect infringement in Canada, the United States and the United Kingdom, and with the safe harbours that also govern the behaviour of Internet intermediaries.
Telecoms futurology: limits and constraintsMartin Geddes
What are the key things to know when making forecasts about the future of the telecoms industry? This presentation highlights some key ideas: the "end of history" illusion; technology readiness levels; cosmic, ludic and ecological constraints; and the sophistication of network performance engineering.
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.
Sookman aston it can representations warranties and indemnities presentation
Sookman ryerson conference
1. McCarthy Tétrault Advance™
Building Capabilities for Growth
RUIT Conference 2012: Technology
and Innovation in the 21st Century
Technology Challenges Law
Barry B. Sookman
bsookman@mccarthy.ca
416-601-7949 November 3, 2012
McCarthy Tétrault LLP / mccarthy.ca 11933209
2. Technology and the law
¬ Entertainment Software Association v. Society of Composers,
Authors and Music Publishers of Canada, 2012 SCC 34 (ESA v
SOCAN)
¬ Rogers Communications Inc. v. Society of Composers, Authors and
Music Publishers of Canada, 2012 SCC 35 (Rogers v SOCAN)
¬ Society of Composers, Authors and Music Publishers of
Canada v. Bell Canada, 2012 SCC 36 (SOCAN v Bell)
¬ Crookes v Newton 2011 SCC 47
¬ National Rugby League Investments Pty Limited v Singtel Optus
Pty Ltd [2012] FCAFC 59 (April 2012) (National Rugby v Optus)
¬ The Copyright Modernization Act
McCarthy Tétrault LLP / mccarthy.ca 11933209 2
3. Internet as a technological taxi
¬ESA v. SOCAN is a download of a video game a “communication”
within the meaning of Section 3(1)(f) of the Copyright Act?
¬The right to “communicate” is connected to the right to perform a work
and not the right to reproduce permanent copies of the work.
¬A “download” “is merely an additional, more efficient way to deliver
copies of the games to customers. The downloaded copy is identical to
copies purchased in stores or shipped to customers by mail, and the
game publishers already pay copyright owners reproduction royalties
for all of these copying activities.”
¬The “Internet is simply a technological taxi that delivers a durable copy
of the same work to the end user”.
¬Use of technological neutrality principle to prevent technology from
distorting traditional copyright concepts.
McCarthy Tétrault LLP / mccarthy.ca 11933209 3
4. Push/pull and copyright
¬ Rogers v. SOCAN: are on-demand transmissions of music streams
as part of online music services communications that are “to the
public”?
¬ The term “telecommunication” should be broadly construed so as to
apply to communications that do not depend on the types of
technology used to effect the communication.
¬ An on-demand communication of a work to members of the public
can be a communication that is to the public. The Act applies to
push as well as to pull means of transmitting works to the public.
¬ The applicability of the communication to the public right is not
dependant on the arbitrary choice of business models.
McCarthy Tétrault LLP / mccarthy.ca 11933209 4
5. Previews, fair dealing and user rights
¬ SOCAN v Bell: Can online music providers make previews of music available
to potential music purchasers as a fair dealing?
¬ Fair dealing is a “user right”.
¬ The term “research” must be given a large and liberal interpretation and can
include users listening to previews to decide whether to purchase music.
“Research” is not limited “to creative purposes”. It can be piecemeal, informal,
exploratory, or confirmatory. It can in fact be undertaken for no purpose except
personal interest.”
¬ “The relevant perspective when considering whether a dealing is for an
allowable purpose is that of the user and not the copier.”
McCarthy Tétrault LLP / mccarthy.ca 11933209 5
6. Network PVRs – a search for the copier
¬ National Rugby v Optus: who makes copies of TV shows on a network PVR?
¬ Legality of TV Now service enables a subscriber to have free to air television
programmes recorded as and when broadcast and then played back at the
time (or times) of the subscriber’s choosing on the subscriber’s compatible
Optus mobile device or personal computer.
¬ “We consider that Optus’ role in the making of a copy – ie in capturing the
broadcast and then in embodying its images and sounds in the hard disk – is
so pervasive that, even though entirely automated, it cannot be disregarded
when the “person” who does the act of copying is to be identified.”
¬ “So one comes back to the question of construction raised by the word “make”
and its application in the present setting. As we have indicated, Optus not only
has solicited subscriber utilisation of its Service, it has also designed and
maintained a sophisticated system which can effectuate the making of
recordings wanted for viewing by subscribers. For s 101 purposes, it manifestly
is involved directly in doing the act of copying. It counts as a maker of copies
for the subscriber.”
McCarthy Tétrault S.E.N.C.R.L., s.r.l. / mccarthy.ca 11536863 6
7. Links and liability
¬ Crookes v Newton
¬ “A hyperlink, by itself, should never be seen as
“publication” of the content to which it refers.”
¬ “It is the actual creator or poster of the
defamatory words in the secondary material who
is publishing the libel when a person follows a
hyperlink to that content.”
McCarthy Tétrault S.E.N.C.R.L., s.r.l. / mccarthy.ca 11536863 7
8. Copyright reform and technology
¬ The Copyright Modernization Act and technology
¬ exceptions to permit format shifting, time shifting,
making back-up copies, creating and disseminating
UGC works
¬ exceptions for ISPs and search engines
¬ exceptions for encryption research, security testing,
and temporary technical computer processes
¬ new right of enablement
¬ protect Technological Protection Measures (TPMs)
McCarthy Tétrault S.E.N.C.R.L., s.r.l. / mccarthy.ca 11536863 8
9. Slides available @
barrysookman.com and
mccarthy.ca
.
McCarthy Tétrault S.E.N.C.R.L., s.r.l. / mccarthy.ca 11536863 9
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McCarthy Tétrault LLP / mccarthy.ca 11933209