Copyright & Social Media
Communications Law
SCC grants leave to appeal in SOCAN v ESA (2020 FCA 100) – Meaning of “making available”
I subscribe to a newsletter that alerts me any time the SCC grants a leave to appeal, which always results in interesting news for my inbox. In 2012, the SCC decision in ESA v SOCAN (2012 SCC 34) held that no separate communication tariff applies to downloads of a musical work. However, this decision was […]
Another look at digital ownership: California district judge entertains lawsuit against Apple re iTunes “Buy” button
Someone is suing Apple over their “Buy” button on iTunes, arguing it’s deceptive in light of the way they license content and reserve the right to stop hosting that content at any time. Apple filed a motion to dismiss on the grounds that no customer would reasonably expect otherwise, and questioned the plaintiff’s standing due […]
Chanel loses to Huawei in EU court logo battle
Huawei applied for EU trademark protection for a logo in 2017 for use in association with computer hardware. Chanel opposed the application, arguing the representation of two intertwining half-rings was similar to its protected logo, which it uses for products such as cosmetics, perfumes, and clothing. The EU General Court in Luxembourg found there to […]
Vox article on copyright, ownership, and DRM (TPMs)
Hi friends, Here’s another neat article from a US perspective some impacts of TPMs and fungible users rights in the age of software-driven physical consumer products. It starts a little dull, but eventually reflects on the more creative uses of digital contracts and TPMs, such as Nintendo’s Wii U eventually disabling itself unless users agreed […]
Addendum to Paper: LATHER THE F@#K UP
In the course of researching my paper on s 9(1)(j) of the Trademarks Act I searched for various “dirty words” on the Trademark registry database. The majority of instances of applications featuring the word “fuck” were either pending or abandoned. There were only two with decisions: FITASFUK, which was registered, and LATHER THE F@#K UP, which […]
Addendum to presentation: TPM Anxiety
Hi friends, I wanted to post a brief addendum to my presentation, since upon reflection I’m not too satisfied with how shallowly it treats Nintendo America. Definitely erred on the vague side of op-ed styling. As mentioned earlier, the most concerning aspects of Nintendo America are the broad interpretation of TPMs and circumvention, and the […]
Government of Canada Launches Consultation on a Modern Copyright Framework for Online Intermediaries
Hi everyone, I came across this piece of news on the web today and could not help but feel compelled to share it with you all, given its relevance to our course material! I wonder what the impetus behind the launch of this initiative is. As far as I can tell, intermediaries are already well […]
Settlement reached in IP Law dispute over EV Batteries
This is some follow up news to the main case study I used in my presentation. https://www.bloomberg.com/news/articles/2021-04-10/ford-vw-battery-supplier-said-to-reach-deal-to-avoid-import-ban
Paper/Presentation: Fan Fiction in the Canadian Regime
Hello all! As a bit of a nerd who enjoys a lot of fan communities, I decided to do my short paper on fan fiction under Canada’s IP regime. Since I used footnotes, I’ve attached the paper as a PDF, and hope everyone enjoys reading it! Professor Festinger–please mark this as my assignment! 422 IP […]
EV-Battery Rivals Prod Biden With Rare Trade Veto in Balance
I came across this interesting article while researching for my presentation. It’s a US trade secrets and patents dispute, but still interesting to show the role that government intervention could potentially have in an IP law dispute. https://www.bloomberg.com/news/articles/2021-04-06/ev-battery-rivals-sk-lg-race-clock-to-sway-biden-on-import-ban