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Online Terms - What Works, What Doesn’t

IPBlog (Calgary) - Fri, 2014/08/22 - 13:00
- By Richard Stobbe The online fine print - those terms and conditions that you agree to when you buy something online - it really does matter where those terms are placed in the checkout process. A recent US case illustrates this point. In Tompkins v. 23andMe, Inc., 2014 WL 2903752 (N.D. Cal. June 25, ...

Copyright Litigation and the Risk of Double Costs

IPBlog (Calgary) - Fri, 2014/08/22 - 13:00
- By Richard Stobbe An American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. She licensed a number of still photographs to the CBC for use in a documentary about the 9/11 attacks. The photos were included in 2 versions of the documentary, and the documentary ...

Court Orders Google to Remove Site from Worldwide Search Results

IPBlog (Calgary) - Fri, 2014/08/22 - 13:00
- By Richard Stobbe In a recent decision by the British Columbia courts (Equustek Solutions Inc. v Jack , 2014 BCSC 1063), Google has been ordered to de-index a website selling goods that were the subject of intellectual property (IP) infringement claims. While this may seem quotidian - after all, Google does ...

IT Contracts - Conference in Calgary

IPBlog (Calgary) - Fri, 2014/08/22 - 13:00
By Richard Stobbe On October 14 and 15, 2014, I will be presenting on "Drafting IT Agreements" at the Essentials of Commercial Contracts (Calgary) Conference. This conference will discuss the legal and business framework of commercial contracts, negotiations and practical drafting tips. The session on information technology (IT) contracting will review key considerations in ...

An American Attorney in Canada (Part 2: Anti-Spam)

IPBlog (Calgary) - Fri, 2014/08/22 - 13:00
By Richard Stobbe Canada and the USA. We enjoy the world's longest undefended border... a border that unfortunately does not screen spam. If you are an American attorney with US clients doing business in Canada, then you should be aware of a few things, like our lack of imaginative legislative acronyms, such as ...

Supreme Court of Canada on Internet Privacy

IPBlog (Calgary) - Fri, 2014/08/22 - 13:00
- By Richard Stobbe The Supreme Court puts it mildly in its opening line: "The Internet raises a host of new and challenging questions about privacy." One of those questions is whether an IP address can be considered personal information. An internet protocol (IP) address is the unique numeric identifier of a particular ...

The Transitional Period & Implied Consent Under CASL

IPBlog (Calgary) - Fri, 2014/08/22 - 13:00
By Richard Stobbe If the term "CASL compliance" is giving you a nervous twitch, you're not alone. Many small and medium-sized businesses in Canada are scrambling to prepare for Canada's Anti-Spam Law (CASL), whose official title says it all - especially the part about "efficiency and adaptability" (take a deep breath before you read ...

An American Attorney in Canada (Part 1: Copyright)

IPBlog (Calgary) - Fri, 2014/08/22 - 13:00
By Richard Stobbe Okay, so maybe it's neither as romantic as Gershwin's "An American in Paris", nor as historical as Mark Twain's "A Connecticut Yankee in King Arthur's Court," but many US lawyers do find themselves facing legal issues in Canada. US practitioners who deal with Canadian legal matters must take note ...

Intellectual Asset Management Best Practices – Part 1

IPBlog (Calgary) - Fri, 2014/08/22 - 13:00
- By Richard Stobbe Does your organization have “intellectual assets”? Regardless of what your organization does – whether it is a service-based business, or in the manufacturing sector, whether it is driven by cloud-based software or bricks-and-mortar locations, whether it is a multinational or a local start-up – chances are good that ...

Risk Management - a roundtable discussion

IPBlog (Calgary) - Fri, 2014/08/22 - 13:00
Field Law sponsored the Canadian Lawyer magazine's in-house general counsel roundtable, moderated by Jennifer Brown: see this link. The participants - from the University of Calgary and technology-driven companies Pason Systems Corp. and Trican Well Services - discuss how risk management is addressed in their organizations. Calgary - 07:00 MST

Chrome now available for download in Cuba

Google Public Policy BLOG - Wed, 2014/08/20 - 17:55
By Pedro Less Andrade, Director of Government Affairs & Public Policy, Latin America
U.S. export controls and sanctions can sometimes limit the products available in certain countries. But these trade restrictions are always evolving, and over time, we’ve been working to figure out how to make more tools available in sanctioned countries. In the past couple years we’ve made Chrome downloadable in Syria and Iran. We’re happy to say that Internet users in Cuba can now use Chrome too, and browse the web faster and more safely than they could before.

Innovation in Canada

IPBlog (Calgary) - Wed, 2014/08/20 - 17:00
By Richard Stobbe A recent survey of the top patent producing corporations in Canada (see this link, courtesy of our colleagues at IPPractice.ca) shows a few interesting trends: Despite its fall from grace over the past 4 or 5 years, BlackBerry remains among the top innovators in the country. The top five patentees ...

Neal Stephenson and Cory speaking at Seattle’s Town Hall, Oct 26


We're getting together to talk about Hieroglyph: Stories and Visions for a Better Future , a project that Stephenson kicked off -- I've got a story in it called "The Man Who Sold the Moon."

The project's mission is to promote "Asimovian robots, Heinleinian rocket ships, Gibsonian cyberspace… plausible, thought-out pictures of alternate realities in which... compelling innovation has taken place." Tickets are $5.


Neal Stephenson and Cory Doctorow: Reigniting Society’s Ambition with Science Fiction

Re: Drool all over the trailer for Doctor Who's season 8 premiere

Russell McOrmond on Disqus - Fri, 2014/08/15 - 06:43

Has there been a posting yet about when regular season episodes will be airing on Space? Will it continue Sat 30th, and each Saturday after for a while?

http://en.wikipedia.org/wiki/D...

Re: The Elusive Prime Ministerial Library

Russell McOrmond on Disqus - Tue, 2014/08/12 - 12:43

(Sorry -- was only pointed to this recently)

We don't have an office similar to the president in Canada, and I wouldn't want to given even more excessive emphasis on the leader of the party in power than they already have.

I find the emphasis given to party leaders during and after elections to already be excessive. I'm in support of policy changes that reign in these party leaders (especially PMO, OLO, etc), and opposed to concepts like presidential-style libraries coming to Canada.

If we want to discuss the creation of political era specific libraries, that is a separate issue.

My London Worldcon schedule


I'll be joining thousands of fans and hundreds of presenters at Loncon 3, the 72nd World Science Fiction Convention, later this week. I hope to see you there!

Weds, Aug 13
* 18h: Group signing at Forbidden Planet, Shaftesbury Ave, with Chris Achilleos,
Madeline Ashby,
Gregory Benford,
Adam Christopher,
Wesley Chu,
Phil & Kaja Foglio,
Anne Lyle,
Ramez Naam,
Kim Newman,
V. E. Schwab,
Charles Stross,
Mike Shevdon and
Danie Ware

Thurs, Aug 14
* 15.00-16.30 - Panel: Digital Vigilantes, Capital Suite 2 (ExCeL);
with: Kin-Ming Looi, Lilian Edwards, David Dingwall, Neil McKellar

Fri, Aug 15
* 11.00-12.00 - Panel: The Pleasures of a Good, Long Info-Dump, Capital
Suite 7+12 (ExCeL); with: Jack William Bell (M), Kim Stanley Robinson,
M. Darusha Wehm

Sat, Aug 16
* 12.00-13.30 - Panel: Fresh Perspectives: Comic Books for Young People,
London Suite 3 (ExCeL); with: Emily Wagner (M), Inko, Kaluas AE
Mogensen, Smuzz

* 14.30-15.00 - Reading, London Suite 1 (ExCeL)

* 16.00-17.00 - Kaffeeklatsch, London Suite 5 (ExCeL), with Anne Lyle

* 20.00-21.00 - The Sidewise, Prometheus, Seiun and Golden Duck Awards,
Capital Suite 8+11 (ExCeL)

Sunday, Aug 17
* 09.00-10.00 - Stroll with the Stars, front of Aloft (ExCeL), with:
Judith Clute, John Clute, Farah Mendlesohn, Joe Haldeman, Gay Haldeman,
Elizabeth Hand, Tricia Sullivan, Jonathan Strahan

Monday, Aug 18

* 12.00-13.30 - Panel: Brave Young World, Capital Suite 13 (ExCeL);
with: Heather Urbanski (M), David Farnell, Gillian Redfearn

* 13.30-15.00 - Panel: Young Adults in Fandom, Capital Suite 10 (ExCeL);
with: Kelley Armstrong (M), Monika Drzewiecka, Meg Frank

Disrupting elections with Kickstarter-like campaigning apps


The UK parliamentary farce over #DRIP showed us that, more than any other industry, the political machine is in dire need of disruption.


In my latest Guardian column, How the Kickstarter model could transform UK elections, I suggest that the way that minority politicians could overcome the collective action deadlock of voters being unwilling to "throw away" their ballots on the parties they support, and so holding their nose and voting for the mainstream party they hate least, or not voting at all, by taking a page out of Kickstarter's playbook:

Here's how that could work:

"Yellow Party! Well, I love what you stand for, but come on, you haven't got a snowball's chance. It's throwing away my vote."

"Oh, I'm not asking you to vote for me! Not quite, anyway. All I want you to do is go on record saying that you would vote for me, if 20% of your neighbours made the same promise. Then, on election day, we'll send you a text or and email letting you know how many people there are who've made the same promise, and you get to decide whether it's worth your while.

"The current MP, Ms Setforlife, got elected with only 8,000 votes in the last election. If I can show you that 9,000 of your neighbours feel the same way as you do, and if you act on that information – well, we could change everything."

This threshold-style action system is at the heart of Kickstarter (pledge whatever you like, but no one has to spend anything unless enough money is raised to see the project to completion) and it's utterly adaptable to elections.

In democracies all over the world, voting is in decline. A permanent political class has emerged, and what it has to offer benefits a small elite at the public's wider expense.

How the Kickstarter model could transform UK elections

Documentary on the making of the Homeland audiobook with Wil Wheaton

Skyboat Media produced this great little documentary about Wil Wheaton's recording sessions for the audiobook of my novel Homeland, in which he had to read out Pi for four minutes straight, read out dialog in which the narrator had a fanboy moment about meeting Wil Wheaton, and many other fun moments.

Growing America’s Businesses Online

Google Public Policy BLOG - Thu, 2014/07/17 - 12:57
Posted by Jim Lecinski, Vice President, Customer Solutions
Over the past few months, we’ve had the chance to talk to businesses all over the country and hear stories of how they’ve become successful. For many, it’s pretty simple: the Internet. The web is helping businesses and communities across the U.S. to grow and succeed. In fact, last year Google’s search and advertising tools helped provide $111 billion of economic activity for more than 1.5 million businesses—advertisers, publishers and nonprofits—across the U.S.
Take Go2marine, a boat supply company located on Bainbridge Island, off the coast of Washington State. Because of their remote location, bringing traffic to their website using Google AdWords plays an important role in their ability to sell their 250,000+ boat supplies to customers in 176 countries. When it’s winter in the U.S., they rely on customers located in other parts of the world where it’s boating season, with the web bringing them business from any place, in any season.
Or meet Don Morton, who taught reading, writing and language in lower-income neighborhoods in my home town of Chicago for nine years. In 2005, he began creating his own materials to supplement what the school system provided. Realizing that his worksheets could be useful for students and teachers everywhere, he created ereadingworksheets.com to provide his worksheets for free. Don started using Google AdSense to offset his costs by placing ads next to his content, and today he’s able to work full-time on his website and make an impact on students around the world.
These are just two examples of enterprising people making the most of Google tools to find new customers, connect with existing ones and grow their businesses; you can find plenty more of them in our Economic Impact Report. Our tools help connect business owners to their customers, whether they’re around the corner or across the world from each other. And when businesses flourish, it’s good news for the rest of us. Recent data shows that businesses that are online are expected to grow 40 percent faster and hire twice as many workers as businesses that aren’t. Every year, it gets clearer that the web helps lead to more successful businesses, stronger economies, more vibrant towns, and more prosperous communities.
Learn more about our economic impact in all 50 U.S. states, and how businesses are finding success through the web. Whether it’s a part for a boat or a grammar worksheet, we’re proud to play a role in giving businesses the tools they need to do more--to grow and thrive and connect with customers and communities all over the world.

the $500 million tip of the TPP iceberg

Fair Duty by Meera Nair - Sun, 2014/07/13 - 23:19

Last week, international negotiators met in Ottawa to further discuss the Trans-Pacific Partnership (TPP) agreement. With the usual shroud of secrecy, few details regarding agenda and outcomes were released for public consumption. Nevertheless, based on a leaked copy of the chapter relating to intellectual property, there is sufficient reason for concern with respect to copyright. As reported last week (see Electronic Frontier Foundation here, Michael Geist here, Public Knowledge here, and VICE here) Canada’s copyright regime is likely to be challenged on at least two fronts:

  • the role of internet service providers (will they remain as neutral providers or become key figures in policing the internet?)
  • copyright duration (will Canada’s life-plus-fifty term give way to life-plus-seventy?)

Geist reminds us that the TPP will touch more than copyright; Canada’s privacy and patenting regimes are also implicated. Indeed, the question of Canadian sovereignty with respect to patenting is already at risk, via Eli Lilly’s $500 million challenge to the Canadian government regarding the loss of two secondary-use patents. The means by which Eli Lilly has launched its claim is a consequence of the Investor-State Dispute (ISD) mechanism of NAFTA.

Courtesy of Dennis Lowe and National Geographic

Our made-in-Canada copyright regime has been painstakingly crafted over ten years of deliberative thought; to watch it cast aside will be difficult. But more deleterious will be further entrenchment of the ISD mechanism through the TPP. Yet this issue has received little attention in Canada. Perhaps in part because the topic is not sexy; Investor-State Dispute sounds painfully dull. The phrase cannot be summarily equated to freedom of expression, invasion of privacy, or even the dubious claim that a hit television series could not have been made under the TPP. ISDs are constructed with arcane language that seemingly has little to do with everyday life, but they are potentially lethal as is being demonstrated by Eli Lilly.

Eli Lilly provides the bizarre spectacle of a corporation suing a government because a court decision did not favour the corporation. It has vehemently insisted that the decision of Canadian courts not to uphold two secondary-use patents is a violation of investor safeguards provided through NAFTA; specifically, those relating to minimum standard of treatment, non-discrimination, and expropriation. That the courts rejected the patents because the drugs concerned did not live up to the standard of utility set by Canadian law, was not reasonable according to Eli Lilly. To take action against Canada required contorting the ISD chapter of NAFTA, despite the fact that the chapter in question does not apply to intellectual property. The entire event would read like a lurid novel, if novels were written about intellectual property and national sovereignty.

In a report dated to March 2013, Public Citizen provides a meticulously researched account of Eli Lilly’s actions and the operation of ISDs within trade agreements. At that time, Canada was only facing a $100 million challenge (Eli Lilly has since upped the ante); even so, Public Citizen did not miss the irony at hand:

… while Canada faces an investor-state challenge from Eli Lilly, the country has joined negotiations to establish the TPP, which would expand the investor-state system further. To date, Canada alone has paid more than $155 million to foreign investors after NAFTA investor-state attacks on energy, timber, land use and toxics policies. Underlying Eli Lilly’s claim against Canada is the notion that government patent policies and actions are subject to the investor privileges provisions of the agreement.

Public Citizen observes that Eli Lilly’s actions marks the first occasion of an intellectual property challenge occurring under the auspices of NAFTA’s ISD provisions. Our previous “first”, the first challenge of any kind, does not offer much comfort, resulting as it did in a loss both monetarily and for public health. Briefly, in 1997 a ban on the gasoline additive MMT was repealed by the Canadian government in response to opposition by Ethyl Corporation, the American producer of the additive. At the time, Public Citizen wrote:

The Canadian government settled the NAFTA suit yesterday agreeing to pay Ethyl $13 million in damages and to cover the company’s legal costs. It will also proclaim publicly that MMT is “safe” in direct contradiction of the view of its national environmental protection agency.

With respect to Eli Lilly’s present action, Michael Geist and E. Richard Gold (Professor, Faculty of Law, McGill University) have both indicated that the corporation’s chances of winning are slim. Notably, in a briefing session recently held in Washington DC, Gold indicates that “… no competent tribunal could rule in Eli Lilly’s favor”. We can only hope that both Geist and Gold are correct. But competence might prove a relative term; so far, arbitration tribunals have not distinguished themselves in weighing public interest (as a domestic court of law would) into the decision-making process. (Public Citizen has thoroughly documented past arbitration decisions, with added detail for some of the more egregious outcomes.) Moreover, even if Canada secures a win, that does not necessarily exclude involvement in costs.

The Washington DC briefing session was hosted by the firm of Stern, Kessler, Goldstein and Fox on 5 June 2014, with all the presentations posted online. I am hard pressed to choose a favorite but Simon Lester (Trade Policy Analyst, Cato Institute) raises the issue of Canada’s increasing involvement with ISDs. Despite some indication from the Canadian government that CETA (the impending trade deal with the European Union) will mitigate the ISD risks, Lester notes that Canada is simply trying to “tweak the language” to ensure that court decisions cannot be challenged. “…  what I have seen written is that the only changes are that no claims can be made under expropriation, but there are more avenues [of claim]… the slight tweaks that Canada wants to make are probably not enough.”

If the Canadian government is not decisively protecting sovereignty within a bilateral trade negotiation, it is unlikely that we will do better in the multi-national forum of the TPP.

There is much more that could and should be written about ISDs but, for now, Lester shall have the last word. In his presentation, he asks an important question: “Normally, the Supreme Court gets the final word. But apparently, there’s an international court system above the domestic Supreme Court system.  … Is everybody okay with that?”

 

 

 

 

 


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