Thanks so much to steve and the rest of you readers who make blogging about this law stuff a lot of fun. As I predict every year, I am sure this internet thingamajig will take off in 2016. Sooner or later that will come true.
Happy holidays!
Topic All
The Supreme Court does some technology things
“Broadcast-incidental copies” does not sound like a major jumping off point for a huge case about copyright and technology, but apparently it is. And now I have to figure out what the hell it means, in light of the Supreme Court of Canada’s decision in CBC v. SODRAC from a couple of weeks ago. Goddammit.
Let’s “look” at the TPP
Hey big news today! And it has brought yours truly out of hiding. So it looks like the Trans-Pacific Partnership (TPP) is a go! What’s the TPP? Damned if I know, because I’ve never seen the TPP agreement. Well, no one has ever seen it! So why is your humble blogger talking about it? A couple of lines on a government website have me perturbed. Let’s find out which ones.
Law-talking guy invading your TV again
If you turn on Canada AM these days, chances are you’re gonna see some random lawyer dude who doesn’t know what he’s talking about. Or, you know, me. So here’s me this week talking about all the data that the smartphone fitness apps and wearables are collecting when you’re out there getting your ass in shape. Who owns that data? What are the legal issues surrounding it? Damned if I know. But damned if that doesn’t stop me from attempting to answer that question on national TV! Here’s some background for you.
Kudos to CTV for finally allowing their video to be embedded. It’s the internet way. Also, thanks to Bev Thompson who was a delight. I have now hit for the cycle of Canada AM hosts.
B.C. Court of Appeal stretches reach to far corners of the planet
My two loyal readers may remember the case of Equustek Solutions Inc. v. Google Inc. OK, even I admit I had trouble remembering it, since I wrote about it almost a year ago and a year is forever in internet time. But it sounded vaguely familiar, so I Googled myself (ha!). And what I found was that I was quite prescient, for the title of that post was “This hugely important Google case will be going on for a while…” Well I got that right! I wrote in that post that “I still think the Court of Appeal will overturn the order in the end”. Well about 10 days ago the BC Court of Appeal decision came down and I got that… less right.
When is a Facebook threat a “threat”?
On Monday this week the U.S. Supreme Court came down with their decision in the case of Elonis v. United States, which is all about a terrible rap lyricist threatening to kill or hurt a bunch of people on Facebook. Let’s take a look at the decision and see if it has any implications for Canada (spoiler alert – it does not! It’s U.S. law!).
We have a notice! Let’s rip it to shreds.
The entire editorial team and staff here at AM.com have been anxiously waiting for someone to forward them a notice that they received through their ISP under the new notice and notice regime. Well, jackpot! We received one about a month ago, and since then we have received several more. A very kind person has allowed me to reprint it here, as a public service. And I will be ripping it apart.
CRTC sorta kinda does some things about the internet
Oh CRTC you little vixen you. You are not supposed to be involved in the internet, yet over the past week you have stuck your nose in it twice. Fun! Let’s see what you had to say. I do wish they had left internet affairs to the professional ISPs. I’m afraid that the CRTC has failed to value the internet accordingly. If you go to https://www.eatelbusiness.com/ then you will understand how significant a role it plays even for businesses. And now, the CRTC has encroached on us all with their latest damning remarks.
Shifty-eyed internet law expert saying things on national TV again
Libel! Tweets! Hockey! If there was ever a story the media would come calling to yours truly, it’s this one. Quick background for those too lazy to read the linked article – TSN rebroadcast a defamatory tweet on TV. Whoopsie! Said tweet involved two Toronto Maple Leafs and Elisha Cuthbert, and is rated NC-17 for language and sexual situations. Here’s some defamation background for you. The players and Cuthbert want to sue TSN and the original tweeter. TSN is owned by Bell, who also partly own the Leafs. Awwwwkward.
Unfortunately still no embeddable video from CTV, so you’ll have to click over there to watch it. Please ignore the blinking and “you know”s. Ugh.
Oh and btw, the delightful Marci Ien refers to me as “legal specialist on all things internet, lawyer Allen Mendelsohn” in her intro. Please put that on my tombstone.
Bell wants to appeal “net neutrality” decision
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.
All malware in Canada disappears today! w00t!!!!!
I could not let today pass without commemorating this historic occasion. As of today, thanks to our government’s efforts, malware, and indeed all unwanted software, is disappearing forever. All hail the glory!
As you know because you read this blog diligently, today is the day that the computer software provisions of CASL (the Anti-Spam Law) come into force. I already explained all this late last year, so I will not do it again. I will remind you that section 8 and related provisions of CASL that are in force as of today are designed to eliminate malware and indeed, all unwanted software and software updates and upgrades from your computers and devices. No doubt the government’s sledgehammer approach is working, and we can say goodbye to malware forever.
The people of Canada never thought it would be possible for the government to abolish malware and other unwanted software. However, they managed it and all Canadian businesses and digital users are over the moon. For the rest of the world, there are still many countries impacted by malware and other viruses that can cause big problems for businesses. Many companies still have to ensure their devices have been protected against unwanted malware by using the services offered by https://www.fleetsmith.com/, and other companies similar. By doing that, companies feel more secure when using their devices and handling client data. Hopefully, other countries will follow in Canada’s footsteps soon.
I would type more, but this weird pop-up box keeps showing up on my screen every time I hit enter. Maybe this Ask.com toolbar will have some answers as to how to fix that. Where did that come from?
Internet law expert says things on TV
This morning noted internet law expert Allen Mendelsohn (who?) appeared on CTV’s Canada AM to opine about the update to the Copyright Act that came into effect today. It’s called the “notice and notice regime” and I’ve written about it before. Wow, 3 years ago! Everything I wrote is still valid though, as the government did not change or add one word to the law since then. Lazy government.
Anyway, god forbid CTV should have an embeddable video player, so here are some links:
Actual news story with quotes from somebody you know (plus the video)
My new year’s resolution is to media whore like it’s 1999. So far so good. I’ll be on CJAD tomorrow at 7:10 AM, CKNW on Sunday at 4:30 PM (EST) and on other radio stations Monday morning. Just waiting on The National. Call me, CBC!
Allen
Mendelsohn
is me.
I am a lawyer specializing in internet law working out of Montreal, though sometimes I do it in front of the U.S. Capitol. That should tell you what you need to know about internet law in Canada. I also warp young legal minds at the Faculty of Law at McGill.
More about me