March 22, 2004

Recent Supreme Court Decision May Influence Internet Copyright Issues

The Toronto Star carries a review of the decision in The Law Society of Upper Canada v. CCH Canadian. See e-Lawg post on the decision here. Michael Geist suggests that this decision will have a significant impact on copyright issues currently arising on the internet.  The decision holds that providers of equipment are entitled to presume their equipment will be used lawfully.  ISPs and even peer-to-peer providers may be able to argue they too legitimately presume their subscribers act lawfully and cannot be said to authorize copyright infringement. The case is also important in that it reviews the fair dealing exception and it talks of users' rights and the need to balance rigorously the interests of creators and users. 11:41:18 PM    comment []  trackback []

Another Supreme Court of Canada Justice Stepping Down

Justice Frank Iacobucci has announced that he will be stepping down from the Supreme Court of Canada at the end of June.  This, combined with Justice Louise Arbour's departure to the United Nations as commissioner of human rights, will leave Canada's highest court two short of its normal complement of nine. Historically, Supreme Court Justices are appointed by the Prime Minister. Prime Minister Martin has, however, announced his intention to have appointments vetted by a Parliamentary Committee.  Bench and Bar have raised concerns that this could lead to U.S. style confirmation hearings and more politicization of the judicial process.  We will be watching developments on the review process proposals. The Star Globe & Mail 11:23:16 PM    comment []  trackback []

WTO Rules in Favour of Canada in Softwood Lumber Dispute

A World Trade Organization panel held in Canada's favour today in the softwood lumber trade dispute with the U.S.  Bloomberg Backgrounder on Softwood Lumber Dispute 11:10:16 PM    comment []  trackback []

New (?) Canadian Blawg

Thanks to Blawg for linking to e-Lawg.  Its description as a New Canadian Blawg is a little misleading.  E-Lawg has been published for almost two years.  Perhaps new to Blawg would be more accurate. [Blawg - Law Blog - Links & Information on Legal Weblogs - Blawgs] 10:35:48 PM    comment []  trackback []

© Copyright 2005 Michael Girard.

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