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Articles 1 - 16 of 16
Full-Text Articles in Computer Law
Anonymity And The Supreme Court's Model Of Expression: How Should Anonymity Be Analysed Under Section 2(B) Of The Charter?, Peter Carmichael Keen
Anonymity And The Supreme Court's Model Of Expression: How Should Anonymity Be Analysed Under Section 2(B) Of The Charter?, Peter Carmichael Keen
Canadian Journal of Law and Technology
The first part of this article will discuss what anonymity is, and the costs and benefits that anonymity confers on expressive activity. I will demonstrate that anonymity is a double-edged sword in that it can both promote and harm free expression. In the second part, I will suggest that there is no doubt that anonymity can be protected under section 2(b) of the Charter. When I first began this article, I intended to examine ‘‘whether’’ anonymity can be constitutionally protected under section 2(b). As my research progressed, I quickly realised that I was asking the wrong question. I discovered that …
Student Protector, Internet Provider, Or Contractual Party? An Examination Of The Legal Relationship Between A University And Its Students, Anna Christine Milot
Student Protector, Internet Provider, Or Contractual Party? An Examination Of The Legal Relationship Between A University And Its Students, Anna Christine Milot
Canadian Journal of Law and Technology
The legal relationship between a university and its students is becoming increasingly complex as the use of technology spreads. Accordingly, it is important to define a university’s responsibilities and legal boundaries in order to understand the liability universities can potentially incur when dealing with students. Each Canadian university is unique in its founding and enacting legislation, as will be discussed further later. The individuality of Canada’s universities means that the questions raised in this paper cannot be given answers that can necessarily be generalized across universities. The approach to analysis in this paper, however, is applicable to any of the …
Computer Law By George S. Takach (Toronto: Irwin Law Inc., 2000, 2nd Edition), David T.S. Fraser
Computer Law By George S. Takach (Toronto: Irwin Law Inc., 2000, 2nd Edition), David T.S. Fraser
Canadian Journal of Law and Technology
No abstract provided.
Banning Bans On New Reproductive And Novel Genetic Technologies, Matthew Herder
Banning Bans On New Reproductive And Novel Genetic Technologies, Matthew Herder
Canadian Journal of Law and Technology
Commentators argue that statutory prohibitions with the force of the criminal law should not be used to regulate new reproductive technologies (NRTs) and novel genetic technologies (NGTs). Bill C-13, the Assisted Human Reproduction Act, however, codifies 10 criminal bans. This paper considers the merits of the various arguments levied against Bill C-13, and the corollary claim that only a "non-prohibitive" model of legislation befits NRTs and NGTs. Three types of arguments are used to critique criminal bans: (1) "Structural" arguments hinge on the constraints of the Canadian legal system - legislation complete with prohibitions runs afoul of the Constitution Act …
Intellectual Property Laws In Harmony With Nafta: The Courts As Mediators Between The Global And The Local, Myra J. Tawfik
Intellectual Property Laws In Harmony With Nafta: The Courts As Mediators Between The Global And The Local, Myra J. Tawfik
Canadian Journal of Law and Technology
This paper will argue that domestic courts can pro- vide a forum within which to mediate between these two extremes, to reconcile the ‘‘global’’ and the ‘‘local’’ — but that the courts themselves must adapt to meet the challenges that globalization places upon them. More specifically, the paper begins by setting out a framework for understanding harmonization of laws under NAFTA as one that encourages rather than eliminates diversity of law. The paper then studies the prevailing approaches to statutory interpretation that Canadian courts, most especially the Supreme Court of Canada and the Federal Court of Appeal, have been employing …
Technology And International Trade: Wille The Real Transformer Please Stand Up?, Todd Weiler
Technology And International Trade: Wille The Real Transformer Please Stand Up?, Todd Weiler
Canadian Journal of Law and Technology
The primary driver of change in Canada’s cultural sector has not been some kind of contrived, neo- liberal plot imposed upon an unsuspecting public with the promise of ‘‘jobs, jobs, jobs.’’ Rather, it has been technology. The role for liberalised trade and investment treaties comes only in the form of a conditioning force, limiting the panoply of choices available to govern- mental officials who want to respond to the changes being wrought by technological advances.
This paper begins with some brief definitions, moving next to an elaboration of its thesis, and finally explaining the application of this thesis to some …
Beyond Convergence And The New Media Decisions: Regulatory Models In Communications Law, Melanie Mortensen
Beyond Convergence And The New Media Decisions: Regulatory Models In Communications Law, Melanie Mortensen
Canadian Journal of Law and Technology
While technological and economic changes have been the most influential factors in stimulating recent policy and regulatory reassessments in Canada with respect to telecommunications and broadcasting regulation, public interest and socio-political concerns should also remain significant in the design of new regulatory and policy responses to convergence and competition. When the CRTC announced that it would refrain from regulating broadcasting in new media for a period of five years, this occasion illustrated the increasing inapplicability of the sector-specific legislation from which the mandate of the CRTC is derived.
The first model addressed is the present sector-specific policy and regulatory treatment …
Patent First, Litigate Later! The Scramble For Speculative And Overly Broad Genetic Patents: Implications For Access To Health Care And Biomedical Research, Ikechi Mgbeoji, Byron Allen
Patent First, Litigate Later! The Scramble For Speculative And Overly Broad Genetic Patents: Implications For Access To Health Care And Biomedical Research, Ikechi Mgbeoji, Byron Allen
Canadian Journal of Law and Technology
This paper will not directly address the ethical considerations of allowing patents on human genetic sequences, although this continues to be a controversial debate in itself. Rather, the aim is to consider the legality of such gene patents and the effects such patents have on biomedical research and health care delivery in definitive terms through an analysis of current developments and research relating to the subject. The operation of current intellectual property regimes regulating such patents will be examined, and amendments to these legal systems will be considered. An emphasis will be placed on identifying practical concerns rather than broad, …
Fast Track Trade Authority And The Free Trade Agreements: Implications For Copyright Law, Samuel Trosow
Fast Track Trade Authority And The Free Trade Agreements: Implications For Copyright Law, Samuel Trosow
Canadian Journal of Law and Technology
In 2002, Congress passed the Bipartisan Trade Promotion Authority Act, which restored the presidential fast-track trade-promotion authority that had lapsed in 1994. Fast-track trade promotion authority is a means by which Congress delegates to the president a portion of its constitutional authority over international trade policy. This paper reviews the development, scope, and application of fast-track trade-promotion authority, evaluates some of the copyright provisions in key Free Trade Agreements, and concludes that the process has been effectively captured by the information and entertainment industries. There are numerous negative consequences that flow from the resulting policy environment. Not only is an …
Rescuing The Balance?: An Assessment Of Canada's Proposal To Limit Isp Liability For Online Copyright Infringement, Scott Nesbitt
Rescuing The Balance?: An Assessment Of Canada's Proposal To Limit Isp Liability For Online Copyright Infringement, Scott Nesbitt
Canadian Journal of Law and Technology
This paper attempts both to explain the technological and legal imperatives pressing Canada to address the issue of ISP liability in reforms to the Copyright Act and to raise some concerns about the impact of the government’s proposed amendments in this area. The basic elements of copyright law, the impact of digital technology on copyright and the policy arguments surrounding ISP liability are briefly discussed to set the context for judicial treatment of and legislative action on this issue. Next, the paper focuses on the development of American jurisprudence with respect to limitation of ISP liability for third party copyright …
Fragmented Copyright, Fragmented Management: Proposals To Defrag Copyright Management, Daniel Gervais, Alana Maurushat
Fragmented Copyright, Fragmented Management: Proposals To Defrag Copyright Management, Daniel Gervais, Alana Maurushat
Canadian Journal of Law and Technology
The collective management of copyright in Canada was conceived as a solution to alleviate the problem of inefficiency of individual rights management. Creators could not license, collect and enforce copyright efficiently on an individual basis. Requiring users to obtain permission from individual copyright holders for the use of a work was equally inefficient. Collectives, therefore, emerged to facilitate the clearance of rights between creators and users. Even with the facilitation of collectives in the process, clearing rights remains an inherently difficult and convoluted process. This is especially so in the age of the Internet where clearing rights for multimedia products …
Cross Border E-Commerce And The Gst/Hst: Towards International Consensus Or Divergence?, Keith R. Evans
Cross Border E-Commerce And The Gst/Hst: Towards International Consensus Or Divergence?, Keith R. Evans
Canadian Journal of Law and Technology
In February 2001, the OECD issued a draft report on ‘‘Consumption Tax Aspects of Electronic Commerce’’. The purpose of this report was to seek comments on Working Party No. 9’s conclusions and recommendations in respect of the approach to be taken on the application of consumption taxes to e-commerce in light of the Ottawa Taxation Framework Conditions. The 1998 Conditions called for the taxation principles that applied to traditional commerce to be the guide for the taxation of e-commerce, to ensure non-discriminatory tax treatment of electronic commerce transactions. In November 2001, the Canada Customs and Revenue Agency (‘‘CCRA’’) issued its …
Information Technology Transactions: Business, Management And Legal Strategies By Dunca Card (Toronto: Carswell, 2002), Michael E. Deturbide
Information Technology Transactions: Business, Management And Legal Strategies By Dunca Card (Toronto: Carswell, 2002), Michael E. Deturbide
Canadian Journal of Law and Technology
Although a number of Canadian books have appeared over the past few years addressing the legal issues that have arisen with the explosion in information technology, few have highlighted the practical implica- tions that these legal issues have in technology transac- tions. Duncan Card’s new book, Information Tech- nology Transactions: Business, Management and Legal Strategies, tackles these issues from a practical perspective that will be useful, as the title suggests, to both lawyers and management.
Reducing Inconsistency In Udrp Cases, David Wotherspoon, Alex Cameron
Reducing Inconsistency In Udrp Cases, David Wotherspoon, Alex Cameron
Canadian Journal of Law and Technology
The UDRP has proven to be an effective means of resolving domain name disputes. There are, however, a number of shortcomings in the UDRP that affect its legitimacy and fairness. The most glaring of these lies in the failure to delineate the elements outlined in section 4(a) of the UDRP and in the application of Rule 15(a) of the Rules for Domain Name Dispute Resolution Policy (the ‘‘Rules’’).4 These shortcomings have resulted in inconsistency in the decisions of arbitral panels. As it stands, complainants are unable to ascertain the case they must meet in order to succeed and respondents are …
Qui Détient Les Droits D'Auteur Sur Les Diverses Productions Des Professeurs D'Université?, René Pépin
Qui Détient Les Droits D'Auteur Sur Les Diverses Productions Des Professeurs D'Université?, René Pépin
Canadian Journal of Law and Technology
L’utilisation des nouvelles technologies de l’information et de la communication (NTIC) peut prendre un grand nombre de formes. On peut donner l’exemple, déjà appliqué à certains endroits, où le professeur, en plus de dispenser son enseignement dans un local de cours, place le contenu intégral de son cours sur un serveur de la faculté ou de l’université, avec un genre de babillard électronique dans lequel les étudiants peuvent lui poser des questions, lire ses réponses, ou discuter entre eux de différents sujets. Les étudiants peuvent aussi le contacter par téléphone ou par courriel. La technologie facilite également l’enregistrement des cours …
The Internet Direct Public Offering: Establishing Trust In A Disintermediated Capital Market, Jason Trainor
The Internet Direct Public Offering: Establishing Trust In A Disintermediated Capital Market, Jason Trainor
Canadian Journal of Law and Technology
Whereas the process of financial intermediation was once human capital and relationship intensive, it is now heavily influenced by technological innovation and consumer demand, factors which have tended to disrupt the monopoly power of financial intermediaries. Technological innovation alone, however, is not sufficient to replace the institutions and actors that previously dominated the market for public offerings; rather, the concept of disintermediation by definition creates a vacuum that must be filled. Law firms and other intermediaries can create additional value for their clients by assuming some or all of the tasks currently apportioned to investment bankers in the public offering …