Barry Sookman
Time 2022-08-12 08:31:31Web Name: Barry Sookman
WebSite: http://www.barrysookman.com
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Barry Sookman
This site is about technology, copyright, and privacy Law
Supreme Court of Canada confirms all acts of making available are covered by Copyright Act: SOCAN v ESASupreme Court of Canada confirms all acts of making available are covered by Copyright Act: SOCAN v ESA
July 18, 2022July 18, 20220 CommentsIn a decision just released in Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30, the Supreme Court of Canada confirmed that Canada fully implemented its WIPO copyright Internet Treaty “making available” obligations through a combination of the communication to the public, reproduction, and authorization rights. In doing so, the Court held that any unauthorized act of making a work available online, and any subsequent unauthorized streaming or downloading of the work, are infringing.…
Read FullRead FullDynamic blocking orders available in Canada: Rogers MediaDynamic blocking orders available in Canada: Rogers Media
June 6, 2022June 6, 20220 CommentsOrders requiring ISPs to block websites that make available copyright infringing materials are commonly made in many countries around the world. The courts’ equitable jurisdiction to make such orders in Canada was recently approved by the Federal Court of Appeal in the Teksavvy Solutions Inc. v. Bell Media Inc. 2021 FCA 100 (GoldTV), (leave to appeal to the Supreme Court dismissed). In the recent ruling, Rogers Media Inc et al v John Doe 1 et al 2022 FC 775, the Federal Court issued a dynamic blocking order to require Canada’s leading ISPs to block access to streaming servers that provide unauthorized streams of NHL games in real time.…
Read FullRead FullCopyright Year in Review 2021-2022Copyright Year in Review 2021-2022
May 26, 2022May 26, 20220 CommentsI had the pleasure earlier today to provide a talk to ALAI on “Copyright The Year in Review 2021-2022. I prepared an annotation of the cases covered which included the following cases:
Pyrrha Design Inc. v. Plum and Posey Inc., 2022 FCA 7
Trimble Solutions Corporation v. Quantum Dynamics Inc., 2021 FC 6
Patterned Concrete Mississauga Inc. v. Bomanite Toronto Ltd., 2021 FC 314
Arc En Ciel RH c. Services Swissnova inc., 2021 QCCS 1187, motion to dismiss appeal denied, Arc En Ciel RH c.…
Read FullRead FullOSFI consults on third-party risks in updated B-10 GuidelineOSFI consults on third-party risks in updated B-10 Guideline
April 28, 2022April 28, 20220 CommentsYesterday, the Office of the Superintendent of Financial Institutions (OSFI) began a consultation on an updated Draft Guideline B-10 – Third-Party Risk Management. The draft guideline sets out enhanced third-party risk management expectations for federally regulated financial institutions such as banks, insurance companies, and some credit unions (FRFIs).
OSFI has provided guidance on outsourcing to FRFIs since 2001 in its B10- Outsourcing Guideline. That Guideline has evolved with revisions in 2003 and again in 2009. The guidance has shaped FRFI’s risk management processes and contractual terms with outsourcers since its inception.…
Read FullRead FullCopyright amendments in budget 2022Copyright amendments in budget 2022
April 8, 2022April 8, 20220 CommentsThe budget revealed several initiates to amend the Copyright Act. Specifically, the budget reveals the government’s intention to amend the Copyright Act to implement Canada’s term extension obligations under the CUSMA and to ensure fair remuneration for copying in the educational sector.
Here is what the government has planned.
… Read FullRead FullIn Budget 2022, the government proposes to introduce amendments to the Copyright Act to extend the general term of copyright protection from 50 to 70 years after the life of the author as agreed under the Canada-United States-Mexico Agreement.
Trade secrets and innovation: Lifting the Veil on Trade Secrets for Canada’s superclustersTrade secrets and innovation: Lifting the Veil on Trade Secrets for Canada’s superclusters
February 25, 2022February 25, 20220 CommentsI had the pleasure of speaking yesterday to the ecosystem of innovators and their innovation partners affiliated with Canada’s Ocean Supercluster, Protein Industries Supercluster, and Digital Technologies Supercluster. My topic was “Lifting the Veil on Trade Secrets”.
Innovation is tremendously important for Canadians. Our economy – and ultimately the prosperity and well-being of Canadians – depends on Canadian businesses’ ability to innovate and compete internationally.
If you are thinking about 21st century developments in Big data analysis, Quantum computing, AI and machine learning, Future networks and 5G, Distributed systems and blockchain, Geonomics, Virtual, mixed and augmented reality, Robotics and Cybersecurity – take a look at the projects of the Digital Technologies Supercluster.…
Read FullRead FullHealth and longevity: help to keep your new years resolutionsHealth and longevity: help to keep your new years resolutions
January 4, 2022January 4, 20220 CommentsIt is a new year. Many of you may have made resolutions to become healthier. But, knowing how to promote health and longevity is no easy task. People often ask me how I stay young and sharp with all the energy it takes to practice in a challenging technology, intellectual property and privacy law practice at one of Canada’s leading (if not the leading) law firm, McCarthy Tetrault. In short, I have developed strategies for promoting longevity (aka a longer lifespan) and promoting good health while aging (aka health span).…
Read FullRead FullGetting ready for Quebec’s Bill 64 privacy law impacts on outsourcingGetting ready for Quebec’s Bill 64 privacy law impacts on outsourcing
December 2, 2021December 2, 20210 CommentsThe passage of Bill 64 (the Act to Modernize Legislative Provisions respecting the Protection of Personal Information) will have major consequences for companies doing business in the province that engage in outsourcing. Outsourcing involving transfers, communications, or disclosures of personal information to third parties (referred to here as “disclosures”) and is extremely common in Quebec and Canada. The types of outsourcings vary considerably and includes payment processing, IT services, artificial intelligence (AI) services (and there are many of these), business processing outsourcing, and a myriad of different types of cloud computing.…
Read FullRead FullBlockchain vulnerabilities – crypto hacks, blockchain forensics and legal challengesBlockchain vulnerabilities – crypto hacks, blockchain forensics and legal challenges
November 19, 2021November 19, 20210 CommentsIt is often assumed that blockchain based digital currencies and applications are safe and secure. In fact, blockchain ecosystems including cryptocurrencies such as bitcoin and Ether, smart contracts that power a plethora of transactions, and blockchain exchanges have many vulnerabilities. Like many other financial systems, blockchain based systems are subject to all manner of hacks, frauds, scams, and vulnerabilities. They happen at the speed and anonymity of the Internet. There are, understandably, numerous legal challenges when it comes to obtaining civil remedies for these Internet based crimes.…
Read FullRead FullCopyright, AI and IOT: my submission to the consultationCopyright, AI and IOT: my submission to the consultation
September 20, 2021September 20, 20210 CommentsHere is a copy of my submission to the copyright consultation on the implications of AI and IOT on copyright.
Thank you for providing an opportunity to provide input into the Artificial Intelligence (AI) and the Internet of Things (IOT) copyright consultation.
The copyright consultation raises important issues. The government should be cautious before making any amendments to the Copyright Act given the complexity of the issues and the difficulty in assessing how the changes would work in practice.
Background
I am Senior counsel in the Technology Law Group of McCarthy Tetrault LLP.…
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Highlighted Posts
Artificial intelligence and intellectual property rights: the USPTO DABUS decisionBrowsewraps, fair dealing and Blacklock’s Reporter v Canada: a critical commentaryCASL: the unofficial FAQ, regulatory impact statement, and compliance guidelineChange and the Copyright Modernization ActContracting for a cloud computing deal?COVID-19 and privacy: artificial intelligence and contact tracing in combatting the pandemicCPPA: identifying the inscrutable meaning and policy behind the de-identifying provisionsCPPA: transfers of personal information to service providersDevelopments in computer, Internet and e-commerce law: the year in review (2018-2019)Exceptions from consent in PIPEDA: facial recognition, privacy and ClearviewIntellectual property education: are Canadian law schools doing enough to support innovation?Internet harassment: Caplan v AtasLaw and Innovation: Is Intellectual Property a Path to ProgressMichael Geist’s defense of Canada’s indefensible anti-spam law CASLMost popular intellectual property and technology law blogsOPC consultation on artificial intelligence: my submission to the consultationPIPEDA by the numbers: lessons for privacy law reform in Canada?PIPEDA’s global extra-territorial jurisdiction: A.T. v. Globe24h.comSite blocking orders come to Canada: GoldTV.bizSocial media liability for defamation: Giustra v TwitterTop legal developments in e-commerce, privacy and intellectual propertyTPP, copyright, e-commerce and digital policy: a reply to Michael GeistTrade in Intangibles and impacts of the CPPA on small businessWhen copyright in a work transfers to the Crown: Keatley v TeranetWhy you need a good information technology lawyer for complex IT agreements: CIS v IBM Computer and Internet Weekly Updates for 2022-08-06Computer and Internet Weekly Updates for 2022-07-30 https://t.co/qvWpQM2U1w 2022-07-31Purposeful Direction in a Forum Activates the Long Arm of the Law https://t.co/yTaxLdjpw9 2022-08-01Contempt motions for video piracy, Bell Media Inc. v. Macciacchera ( https://t.co/Vb4V0QfJjj ), 2022 FC 1139 https://t.co/TQVZSMoGE5 2022-08-01Bombshell Ruling Puts Amendments to Click-Wrap and Terms of Use Agreements in Question https://t.co/jDEsVuG59w 2022-08-01RT @RobCurrieMusic: TJ admitted data through police witness who downloaded it, & convicted; but witness had no expertise as to nature/gener… 2022-08-03Online agreement enforced by court Dobbs v.…Interesting Links
Allen Mendelsohn blogCanadian Privacy Law BlogCopyright BoardCopyright See-Saw (Dr. Ficsor)eLegal CantonÉloïse Gratton Privacy & Data Protection LawInforrm’s BlogIntellectual Property BlogIntellectual Property WatchInternet casesIP OsgoodeIP WhiteboardIPBlog.caIPKatKluwer Copyright BlogRebecca Tushnet’s 43(B)logSpicy IPTechnology & Marketing Law BlogTeresa Scassa blogArchives
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