The Pirates Who Stole Christmas

shutterstock_360981806At this time of year it is appropriate to blog on a seasonal theme. Copyright and Christmas. Now that has a nice ring to it—but how are the two connected? Perhaps I could blog on the need for only legitimate copyrighted goods to be found in Christmas stockings hung by the chimney with care, or the need to avoid any gifts with pirate themes under the tree? That’s a bit of a stretch. But wait—(as the TV commercials say)–what about this copyright story? The estate of Theodor S. Geisel (aka Dr. Seuss) has brought suit against comic book publisher ComicMix for copyright (and trademark) infringement over the publication of a book called “Oh, the Places You’ll Boldly Go” which the estate alleges infringes the copyright of the 1990 Dr. Seuss book, “Oh, the Places You’ll Go”. The defendants are claiming a parody “fair use” defence; ComicMix work apparently attempts “to merge the stylings of Dr. Seuss with that of Star Trek”(!). Continue reading “The Pirates Who Stole Christmas”

Should Google Search be subject to the Rule of Law? Absolutely! (Google v Equustek)

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photo source: shutterstock.com

This sounds like a simple and straightforward question to which most people at first blush would instinctively say yes. However that question is the subject of an important case currently being heard by the Supreme Court of Canada. In Google Inc v Equustek Solutions, the Court is hearing an appeal by Google of a ruling by the Supreme Court in British Columbia (B.C.), upheld on appeal in the B.C. Court of Appeal, that issued an interim injunction requiring Google to de-index or delist (i.e. not return search results for) the website of a firm (Datalink Gateways) that was marketing goods online based on the theft of trade secrets from Equustek, a Vancouver, B.C., based hi-tech firm that makes sophisticated industrial equipment. Google wants to quash a decision by the lower courts on several grounds, primarily that the basis of the injunction is extra-territorial in nature and that if Google were to be subject to Canadian law in this case, this could open a Pandora’s box of rulings from other jurisdictions that would require global delisting of websites thus interfering with freedom of expression online, and in effect “break the Internet”. Google’s position is specious and contradictory, and I will explain why I think so below. Continue reading “Should Google Search be subject to the Rule of Law? Absolutely! (Google v Equustek)”

The “Focus on Creators” Campaign in Canada

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Used with permission of Music Canada

What do Alanis Morissette, Margaret Atwood, Bryan Adams, Marie Claire Blais, Michael Bublé, Sharon Pollock, Gordon Lightfoot and William Deverell have in common? Yes, they are all Canadian (eh?) But more important they are all signatories to a letter, now numbering over 1300 musicians, authors, songwriters, poets, composers, actors and other cultural creators, co-sponsored by Music Canada and the Writer’s Union of Canada and supported by The Canadian Independent Music Association (CIMA), The League of Canadian Poets, The Canadian Music Publishers Association, The Playwrights Guild of Canada, The Canadian Country Music Association and Canadian Artists’ Representation/Le Front des artistes canadiens (CARFAC), to Canada’s Minister of Canadian Heritage, Mélanie Joly. That is a pretty impressive array of cultural firepower. Continue reading “The “Focus on Creators” Campaign in Canada”

The Demise of the TPP and its Impact on Copyright

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Source: shutterstock.com

 For all intents and purposes the Trans-Pacific Partnership (TPP) is dead—or at the very least it will be in a state of suspended animation for a considerable period to come— given that President-elect Trump has announced that he will initiate the process to have the US withdraw from the Agreement on Day 1 of his Presidency. And that will end the TPP as we know it because of the Agreement’s terms; it will come into effect two years after signature (which took place in February of 2016) provided that at least six of the twelve countries representing 85% of the total GDP of the partners ratify and bring it into force. Between them the US and Japan represent about 80% of the GDP total (US-62%) so in effect this gives both countries a veto, with the US alone being able to prevent the deal from coming into effect. It has been argued that if the Agreement isn’t implemented that it doesn’t die, but rather just sits on the shelf. Technically that is true, and under a future US Administration it could be dusted off and revived if all parties agreed, but by the time that happens it will be a different world and considerable renegotiation will be needed. Continue reading “The Demise of the TPP and its Impact on Copyright”

If Wanda buys a major Hollywood studio, will we all be brainwashed by Chinese propaganda?

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Photography by author

The Chairman of China’s Dalian Wanda Group, Wang Jianlin, has made no secret of his ambition to buy a major Hollywood studio. Horrors! What next? Will we have China controlling the green-lighting of Hollywood films? What will happen to the inscrutable karate-chopping Oriental bad guys? (Who will play the role of heavies?) No more films on Tibet? If all that sounds like a stretch, consider this. Eighteen members of the US Congress have raised concerns about investment in Hollywood by Dalian Wanda, a major Chinese conglomerate that has already acquired AMC Cinemas and Legendary Pictures. Continue reading “If Wanda buys a major Hollywood studio, will we all be brainwashed by Chinese propaganda?”

The EU Digital Single Market and Publisher’s Rights: Protecting the Public Interest

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Goodereader.com. Used with permission

“A free press is the unsleeping guardian of every other right that free men prize; it is the most dangerous foe of tyranny.” (Sir Winston Churchill)

Freedom of the press is one of the pillars of our democracy; investigative journalism keeps the system honest. Yet today the continued existence of a thriving and independent Fourth Estate is threatened as never before. With the migration of advertising revenues online, the traditional newspaper and news magazine is hurting, and shrinking. In the US, major newspapers like the Seattle Post-Intelligencer, the Cincinnati Post and the Pittsburgh Tribune-Review have closed their print editions, likely to never reappear. In Britain the Independent has gone exclusively online. Others, including a number in continental Europe, have closed (FT Deutschland) or have become thin, pale shadows of their previous existence. There is no easy remedy as ad revenues, which in the past sustained print journalism, have moved online. Continue reading “The EU Digital Single Market and Publisher’s Rights: Protecting the Public Interest”

Tackling Piracy in Australia: Village Roadshow’s New and Innovative Strategy

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Source: http://www.shutterstock.com

In a blockbuster speech delivered on October 10 to the Australian International Movie Convention meeting in Gold Coast, Queensland, Graham Burke, Co-Executive Chairman and Co-CEO of Australia’s largest entertainment company, Village Roadshow, took aim at the high rate of film piracy among Australian consumers and declared war on illegal downloading and streaming. Burke outlined a five point strategy to combat what he called a “piracy plague” in Australia. Pointing out that surveys show that

over 30% of young Australians aged 12-17 pirate movies and TV series,

Continue reading “Tackling Piracy in Australia: Village Roadshow’s New and Innovative Strategy”