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Articles 1 - 11 of 11
Full-Text Articles in Law
Electronic Records As Documentary Evidence, Ken Chasse
Electronic Records As Documentary Evidence, Ken Chasse
Canadian Journal of Law and Technology
The new electronic record provisions that are now part of almost all of the Evidence Acts in Canada are as important as any statutory law or common law concerning the use of records as evidence. They bring six important improvements to the evidentiary law of business records. It is argued, however, that their most serious defects are that they: (1) perpetuate the best evidence rule — a rule rendered redundant by electronic records and information management (RIM); (2) do not deal with hearsay issues; (3) do not cure the defects of the business record provisions in regard to electronic records; …
The Adverse Economic Effects Of Spectrum Set-Asides, Robert W. Crandall, Allan T. Ingrahm
The Adverse Economic Effects Of Spectrum Set-Asides, Robert W. Crandall, Allan T. Ingrahm
Canadian Journal of Law and Technology
In February 2007, Industry Canada released a consultation that outlined a proposed auction design for spectrum Ifor Advanced Wireless Services. As part of its consultation, Industry Canada contemplated a spectrum set-aside in the AWS auction to facilitate the entry of a new wireless service provider in Canada; however, it noted that a potential drawback of a spectrum set-aside is that it can induce uneconomic entry into the market. In this paper, we show that a set-aside for AWS spectrum in Canada is more likely to result in uneconomic entry than in a viable domestic entrant into the Canadian wireless industry. …
You Must Remember This: The Copyright Conundrum Of "Translation Memory" Databases, Francie Gow
You Must Remember This: The Copyright Conundrum Of "Translation Memory" Databases, Francie Gow
Canadian Journal of Law and Technology
Translation memory databases (compilations of texts linked with their translations) can be valuable resources in the process of translating subsequent texts. This article explores the circumstances under which such compilations might be considered sufficiently original to attract copyright protection that is independent of any copyright already subsisting in the underlying translations and source texts. Various characteristics of the tools and the translation industry in general make the analysis highly fact-specific; whether particular translation memory databases attract protection, and, if so, who can claim to be their ‘‘authors’’, must be evaluated on a case-by-case basis. Any protection that is granted may …
Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, And The Bright Line Between Them, Noel Semple
Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, And The Bright Line Between Them, Noel Semple
Canadian Journal of Law and Technology
This paper proposes a bright line test to guide the Canadian Radio-television and Telecommunications Commission (‘‘CRTC’’) in regulating ‘‘network neutrality’’. When Internet service providers seek to discriminate between uses and users in administering their networks, the CRTC should ask whether the proposed discrimination is a reasonable effort to make the price paid by each user commensurate to the demands which his or her use places on the network. Discrimination which meets this description should be tolerated if not actively encouraged, because it encourages the economically efficient allocation of scarce bandwidth. All other forms of ISP discrimination — including discrimination based …
Authorizing Copyright Infringement And The Control Requirement: A Look At P2p File-Sharing And Distribution Of New Technology In The U.K., Australia, Canada, And Singapore, Jeffrey C.J. Lee
Canadian Journal of Law and Technology
The doctrine of authorizing copyright infringement has been used to deal with the marketing of new Ttechnology that might be employed by a user to infringe copyright, from the distribution of blank cassette tapes and double-cassette tape recorders to photocopiers. It is being tested yet again with the distribution of peer-to-peer file-sharing software that enables the online exchange of MP3 music and other copyrighted files. This article looks at the different positions adopted in several Commonwealth jurisdictions, and examines the policy considerations behind these positions. It looks at, in particular, the recent Australian case of Universal Music Australia Pty Ltd. …
Virtual Property, Real Law: The Regulation Of Property In Video Games, Susan H. Abramovitch, David L. Cummings
Virtual Property, Real Law: The Regulation Of Property In Video Games, Susan H. Abramovitch, David L. Cummings
Canadian Journal of Law and Technology
This article considers property created and used in the virtual realm of video games, which is often given real- T world value. From the unauthorized copying of designer clothes sold on Second Life for in-game cash, to real court damages awarded against game operators’ deletion of player-earned swords on Mir 3, a bridge has been taking shape from video gaming’s virtual economies to real-world economies. However, virtual property created in virtual worlds has yet to be formally recognized by North American courts or legislatures. This article attempts to touch on some of the legal considerations paramount in determining how such …
L'Affaire Xm Satellite Radio: La Légalité Des Appareils Qui Enregistrent La Radio Par Satellite, René Pépin
L'Affaire Xm Satellite Radio: La Légalité Des Appareils Qui Enregistrent La Radio Par Satellite, René Pépin
Canadian Journal of Law and Technology
Aux Etats-Unis, la radio par satellite existe depuis le nouveau millénaire. Mais les compagnies qui œuvrent dans ce domaine font face depuis 2006 a des poursuites devant les tribunaux par les grandes compagnies de disques. Elles paient pourtant les tarifs convenus avec les entreprises qui s’occupent de gestion collective des droits d’auteur sur les disques. Le probleme vient du fait que depuis leur entrée en ondes, des progrès technologiques leur permettent d’offrir à leurs abonnés des appareils qui sont bien plus polyvalents qu’un simple appareil radio récepteur. Les nouveaux modèles peuvent enregistrer plusieurs heures d'émissions, et ils peuvent transmettre à …
Privacy, Crime And Terror: Legal Rights And Security In A Time Of Peril By Stanley A. Cohen (Markham: Lexisnexis Butterworths, 2005), Teresa Scassa
Privacy, Crime And Terror: Legal Rights And Security In A Time Of Peril By Stanley A. Cohen (Markham: Lexisnexis Butterworths, 2005), Teresa Scassa
Canadian Journal of Law and Technology
It is now trite to say that the events of September 11, 2001 have had a profound impact on our national security, in terms of its institutional and normative dimensions, and also in terms of a more general public anxiety. The hastily enacted Anti-terrorism Act of 2001 brought about significant changes to a wide range of statutes including, among others, the Criminal Code, the Official Secrets Act, the Canada Evidence Act, and the Proceeds of Crime (Money Laundering) Act. An early conference and resultant book on the Anti-terrorism Act raised serious concerns about the potential impact of the changes on …
Should Scientific Research In The Lead-Up To Invention Vitiate Obviousness Under The Patented Medicines (Notice Of Compliance) Regulations: To Test Or Not To Test?, Ron A. Bouchard
Canadian Journal of Law and Technology
This article is an analysis of case law pertaining to whether scientific research in the lead-up to invention should vitiate a finding of obviousness in pharmaceutical litigation under the Patented Medicines (Notice of Compliance) Regulations (the ‘‘NOC Regulations’’). The NOC Regulations belong to a class of legal instruments referred to as ‘‘linkage regulations’’ that tie patent protection for marketed pharmaceuticals to the Canadian drug approval process. Therefore, the NOC Regulations control entry of generic drugs into the market and access by the public to affordable medication. The issue of testing arises out of the complex and inverse relationship between inventiveness …
Layered Rights: Robertson V. Thomson, Gregory R. Hagen
Layered Rights: Robertson V. Thomson, Gregory R. Hagen
Canadian Journal of Law and Technology
In Robertson v. Thomson Corp., the Supreme Court of Canada (‘‘ the Court ’’) considered ‘‘ whether newspaper publishers are entitled as a matter of law to republish in electronic databases freelance articles they have acquired for publication in their newspapers — without compensation to the authors and without their consent’’. Curiously, while deciding that publishers are not entitled to reproduce the individual articles without the consent of the freelancers, it also held that the publishers do have a right to reproduce the articles in a CD- ROM database ‘‘as a part of those collective works — their newspapers . …
Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Stephen Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa
Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Stephen Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa
Canadian Journal of Law and Technology
The reach of national law is often greater than its grasp. Although Canada has effective legal power over its territory and all within it, Canadian interests are no longer confined exclusively within Canadian borders. Canada thus finds it increasingly necessary to consider asserting its legal jurisdiction beyond its frontiers. Such extraterritorial assertion of Canadian legal authority may run into strong opposition from other countries, who might view Canada as attempting to intervene in their own national territories and domestic affairs. Likewise, other states, under the same pressures of globalization, may try to extend their legal reach into Canadian territory, where …