Topic - The Courts

Bell wants to appeal “net neutrality” decision

All bits are equal - fucking A

Net neutrality is VERY important dammit. For the internet legal types (hello!) it’s always one of the most important topics of discussion around the ol’ water cooler. So when a communications behemoth like Bell decides to appeal a big neutrality decision, it should be a huge story. Like earlier this week, when it was widely reported that Bell Mobility filed some appeal documents in the Federal Court of Canada. But there are some real misconceptions about all this that yours truly is here to clear up in my usual irascible way.

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Posted in: Regulatory regime in Canada, The Courts
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This hugely important Google case will be going on for a while…

guilty guilty guilty

Within 14 days of the date of this judgment, Google Inc. is to cease indexing or referencing in search results on its internet search engines the websites contained in Schedule A…

Supreme Court of British Columbia

I would not blame you if you thought that order above was from the Google Right to be Forgotten case. It is not. It is from Canada. And it will be seriously precedent-setting. Well, if the appeals don’t gut it first. We’re a long way from this being over, but we’ve had two important decisions so far, the most recent one last week, so I guess I better chronicle them so when we end up in the Supreme Court of Canada in three years, I can just refer back to this post because I’m lazy. Let’s dive in.

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Posted in: The Courts
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Thank the child pornographers for your internet rights to privacy. Then lock them up.

Privacy keyPrivacy key

The advancement of internet legal principles is the only good thing to result from child pornography #RvSpencer
– Me, on Twitter, last Friday as I read the case

Sure, quoting yourself from Twitter is pretty dumb. And tragically, my #RvSpencer hashtag never took off. But the point still stands. Illegal activities like child pornography tend to be lightning rods for internet privacy, and the only way we can get landmark internet law cases like last Friday’s R v. Spencer case from the Supreme Court of Canada. And the Court even found a way to keep the child pornography evidence intact while guaranteeing some internet privacy rights. Win-win!

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Posted in: Privacy, The Courts
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Whoops! I forgot to write a post about the right to be forgotten

Have you forgotten about Simple Minds?

Sometimes we forget things. Sometimes, we’d like to forget things. You know, like that time I you had a few too many and got naked on the bar and everyone had their iPhones pointed at me you and well, I’ve said too much already. I’d You’d like to forget that incident, but the internet never forgets. And Google never forgets. But thanks to a ruling from a couple of weeks ago that can only be described as “landmark” from the top court in the EU, the Court of Justice, Google kind of has to. Let’s dive in.

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Posted in: Privacy, The Courts
Tagged: , ,
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You can go ahead and call someone “F***ing crazy” on Twitter (in the States at least)

It's a cute wordI rarely write about U.S. internet legal developments around here. But sometimes, the facts of a U.S. case are just too interesting to ignore. Once such recent case caught my eye. If you’ve read the headline of this post, you know what I mean. And there is a Canadian connection to the facts, so that’s something. Continue reading

Posted in: Defamation, The Courts, United States internet law
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Remember Al? He’s back – in podcast form!

Podcast

I had the pleasure of sitting down recently with the fine folks from the McGill Law Journal, who have an amazing podcast series, with lots of law learnin’ ‘n stuff. For some reason they thought I would be a good guest. Big mistake. The title of the podcast is “Seeking Jane Doe: The Voltage Decision”, and obviously, it’s about the Voltage decision. Here is the description:

Voltage, a US film producer and distributor, is using a controversial legal procedure to go after illegal downloading. We talk to Allen Mendelsohn, internet law expert, David Fewer, Director of CIPPIC, and Voltage’s lawyer, John Philpott, about how this will impact Canadian Internet users.

You can listen online, or visit  the iTunes McGill Law Journal podcast page to get it in iTunes.

Posted in: The Courts
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Arrrrrrrr your piracy days over? Federal Court of Canada weighs in

ARRRGGHH

Last Thursday, a huge decision came down from the Federal Court of Canada in the case of Voltage Pictures v. John Doe and Jane Doe. No, seriously, this is big. 80 Google News results! When was the last time a Federal Court decision even made the news? Does the decision mean the end of Canadian illegal downloading as we know it? Maybe! Maybe not! Well that’s clear as mud. Let’s try and sort this all out.

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Posted in: Copyright, The Courts
Tagged: ,
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Quebec Court of Appeal declares your Terms of Use useless

It's a nice building

The Court of Appeal of Québec and its multiple phallic columns

It has been a very busy couple of weeks for internet law in Canada. Last week, the Supreme Court of Canada declared Alberta’s privacy law unconstitutional and essentially junked the whole thing. This week, the Conservative government introduced Bill C-13, the so-called “Cyberbullying legislation”, which some are already calling a bullshit excuse for more of the lawful access crap we had with Bill C-30. That’s some important stuff I’ll write about eventually, I swear. But I want to go back to the heady days of two weeks ago, when the Quebec Court of Appeal made a ruling against eBay that essentially makes my job drafting Terms of Use a complete waste of time. That’ll teach me to charge people hundreds of dollars an hour for it.

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Posted in: Internet law basics, The Courts
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