The Legality of Online Anonymity: Two Cases

The Ontario Superior Court of Justice recently released two decisions, one last month and one last week, on the issue of online anonymity, tackling that delicate balance between competing privacy interests, the public interest of promoting justice by facilitating the prosecution of defamation and the underlying values of freedom of expression. Read the rest of this entry »

Peanuts and Ponies and Parodies! Oh My!

Generally and theoretically, ‘fair dealing’ in Canada, or ‘fair use’ in the U.S., is meant to foster creativity and innovation, to be a limitation and exception to the copyright holder’s exclusive rights. When it comes to applying fair dealing/use to parodies, however, the exception becomes murky.

A Tumblr blog, “Peanutweeter”, used to have thousands of people following their juxtaposition of classic “Peanuts” cartoons with unrelated, and less innocent, tweets. Unamused, Iconix Brand Group, joint copyright holders with the heirs of creator Charles Schulz, claimed copyright infringement, issued a takedown order and the blog was shut down in June. Read the rest of this entry »

CRTC’s Net Neutrality Regulation: Superficial

Enforcement has always been the bane of any regulatory agency’s existence. Regulation without teeth hardly merits real attention, or compliance, from those being regulated. In documents released on Friday, Professor Geist of the University of Ottawa, has found the CRTC’s well-publicised Telecom Regulatory Policy (2009), policy which is supposed to regulate net neutrality in Canada, to be rather, well, toothless.   Read the rest of this entry »

Microsoft’s Censorship Search Deal with China

On the day America celebrated its independence, Microsoft announced its growing presence in the Chinese market for online searches with a deal with Baidu, China’s leading search engine: Microsoft will supply search results for English-language queries on the Chinese search provider. More controversially, Microsoft will also censor its search results according to local law.  Read the rest of this entry »

Lawful Access Concerns Gathering Steam

The Conservative government first introduced “lawful access” legislation in three bills in late October and early November of last year. The bills’ aim was to amend the Criminal Code to give law enforcement authorities new investigative powers for computer-related crimes and to use new communications technologies for that purpose. With a Conservative majority in place, that legislation appears likely to pass. Opposition to Bill C-51, however, is also gathering momentum.  Read the rest of this entry »

Dropbox Accounts Accidentally Open to All for 4 Hours

A code update Monday afternoon introduced a bug which made Dropbox accounts password-free, meaning anyone could have logged into anyone else’s account with only the email address, for about four hours. The breach occurred between 1:54pm and 5:41pm Pacific time and was fixed at 5:46pm. According to Dropbox’s blog post, however, only less than one percent of users logged in during that period. Read the rest of this entry »

Vancouver Riot: Why E-Evidence May Not Be Enough

In the aftermath of the downtown Vancouver riots that took place after the Canucks’ Game 7 loss to the Boston Bruins on Wednesday, we all heard about how a social media movement took root, with angry and embarrassed Vancouverites posting images online, asking for and giving help in identifying perpetrators. The Facebook page “Vancouver Riot Pics: Post Your Photos“, started on Thursday, provides a site on which people can upload their riot photos. Vancouver police are now combing through more than one million photos and a thousand hours of video footage submitted as evidence following the Stanley Cup riot. But sometimes, a photo is just a photo. Read the rest of this entry »

Russia Disagrees with G8 Internet Direction

Most G8 leaders expressed support for greater internet regulation at the recent G8 Internet Summit, particularly in the areas of copyright issues. One focus of the Summit was an attempt to put together specific recommendations on “internet governance”. Regarding intellectual property, the Deauville communiqué renewed the countries’ commitment in ratcheting up enforcement against IP infringements.

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Illegal to Share Netflix Password in Tenn.

State lawmakers in Tennessee have passed a “ground-breaking measure” that now makes it illegal to use a third-party’s login to listen to songs or watch movies from online services, like Netflix or Rhapsody, even with the other party’s permission. Heavily pushed for by the recording industry, they hope to try and stop the loss of billions of dollars to illegal music sharing. Read the rest of this entry »

The War Between Old Media Empires and the Internet

It is now clear that the true enemy of traditional media, still unbloodied, is the Internet itself. The remarkable ability of digital technology to reduce the transaction costs of information exchanges of all kinds has destroyed the business models, if not the businesses, on which content providers have operated successfully since at least the 18th century. That’s when the first copyright law was passed in England.

The focus on “media” in the very name of the industry belies its reliance on the limited life of physical copies as the key control mechanism. But as physical copies are replaced by faster, better, and cheaper digital alternatives, control becomes more illusory. The entrenched providers are growing desperate.

- Larry Downes, in his recent, and somewhat lengthy, column Leahy’s Protect IP Act: Why Internet content wars will never end Read the rest of this entry »