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“No Fast Lanes and Slow Lanes”: CRTC Rules Bell’s Mobile TV Service Violates Telecommunications Act

Michael Geist Law RSS Feed - Thu, 2015/01/29 - 11:35

The CRTC has issued a major new decision with implications for net neutrality, ruling that Bell and Videotron violated the Telecommunications Act by granting their own wireless television services an undue preference by exempting them from data charges. The Commission grounded the decision in net neutrality concerns, stating the Bell and Videotron services “may end up inhibiting the introduction and growth of other mobile TV services accessed over the Internet, which reduces innovation and consumer choice.”

The case arose from a complaint filed by Ben Klass, a graduate student, who noted that Bell offers a $5 per month mobile TV service that allows users to watch dozens of Bell-owned or licensed television channels for ten hours without affecting their data cap. By comparison, users accessing the same online video through a third-party service such as Netflix would be on the hook for a far more expensive data plan since all of the data usage would count against their monthly cap. Videotron was later added to the case, based on similar concerns with its mobile television service.

Bell raised several arguments in response, claiming that the mobile television services were subject broadcast regulation, not telecom regulation and that, in any event, the offering was good for consumers and should be encouraged.

The CRTC ruled that mobile television services effectively invoke both broadcast and telecom regulation, since a data connection is required to access the service. Indeed, it agreed with Klass that “from a subscriber’s perspective, the mobile TV services are accessed and delivered under conditions that are substantially similar to those of other Internet-originated telecommunications services.” That aspect of the decision is important, since it ensures that providers will not avoid the regulatory features of the Telecommunications Act by arguing that the services should be treated solely as broadcast.

Given the application of telecom regulation, the Commission examined whether the Bell and Videotron approach violated the rules undue preferences, which prohibit carriers from granting themselves an undue or unreasonable preference. It concluded that it did:

the Commission finds that the preference given in relation to the transport of Bell Mobility’s and Videotron’s mobile TV services to subscribers’ mobile devices, and the corresponding disadvantage in relation to the transport of other audiovisual content services available over the Internet, will grow and will have a material impact on consumers, and other audiovisual content services in particular.

The decision was clearly grounded with net neutrality principles in mind. CRTC Chair Jean-Pierre Blais, speaking just prior to the release of the decision, stated that there would be “no fast and slow lanes”, adding:

At its core, this decision isn’t so much about Bell or Vidéotron. It’s about all of us and our ability to access content equally and fairly, in an open market that favours innovation and choice. The CRTC always wants to ensure ­– and this decision supports this goal ­– that Canadians have fair and reasonable access to content. That everyone can access the bridges without restrictions. We also want to ensure that abuses of power in the system do not go unchecked.

It may be tempting for large vertically integrated companies to offer certain perks to their customers, and innovation in its purest form is to be applauded. By all means, we at the CRTC want broadcasters to move television forward by creating new and exciting ways to view content. But when the impetus to innovate steps on the toes of the principle of fair and open access to content, we will intervene. We’ve got to keep the lanes of our bridges unobstructed so that everyone can cross.

Yet despite the ringing endorsement of the principles of net neutrality, it should be noted that the decision did not apply the CRTC’s Internet traffic management practices (ITMPs). The ITMPs, which are frequently referred to as the net neutrality rules, were viewed as inapplicable, with the Commission ruling that Bell and Videotron were not using an ITMP as part of the service (though Videotron did at one point in time and later dropped it).

That distinction is important, since it suggests that the ITMPs may be more limited in scope than some had anticipated. Given that the CRTC found that the services still violated the rules under the Telecommunications Act, it points an evolving net neutrality framework in Canada that includes analysis of both the ITMPs and the principles of undue preference.

The post “No Fast Lanes and Slow Lanes”: CRTC Rules Bell’s Mobile TV Service Violates Telecommunications Act appeared first on Michael Geist.

The House of Representatives steps up the fight against human trafficking

Google Public Policy BLOG - Wed, 2015/01/28 - 12:32
Posted by Susan Molinari, Vice President of Government Affairs and Public Policy
There are few issues more horrifying than human slavery and trafficking. Yesterday, the House of Representatives took important steps to address these issues by passing twelve bills aimed at helping the victims and calling attention to these criminal acts. We are encouraged by the actions taken yesterday and applaud the House’s leadership.
We recently heard about a number of these bills from Members of both the House and Senate at an event Google hosted with the McCain Institute and Rights4Girls. In addition to the launch of the No Such Thing campaign to eradicate the term “child prostitute,” we heard from organizations on the frontlines of the modern anti-trafficking movement, including the National Center for Missing and Exploited Children (NCMEC), Polaris, and Thorn: Digital Defenders of Children, about how they are using technology to stop human trafficking and help those who have been trafficked. You can watch the event here and here.
Collaboration and technology are key weapons in the fight. That’s why Google recently launched a new feature in our search results with Polaris, connecting victims of human trafficking with organizations who can help. We also worked with Polaris, La Strada International, and Liberty Asia to launch the Global Human Trafficking Hotline Network, to connect global hotlines and better help victims and prevention efforts. Google also has a zero-tolerance policy for any ads for paid sex acts, and we work around the clock to fight illegal content and abuse on our platforms.
Fighting human slavery and trafficking is not a partisan issue. The more voices who say it is morally unacceptable to enslave and exploit humans, the more we can reduce the demand and help the victims. There’s more work to be done, so let’s keep going — together.

Android WebView security and the mobile advertising marketplace

Freedom to Tinker - Wed, 2015/01/28 - 09:00
Freedom to Tinker readers are probably aware of the current controversy over Google’s handling of ongoing security vulnerabilities in its Android WebView component. What sounds at first like a routine security problem turns out to have some deep challenges.  Let’s start by filling in some background and build up to the big problem they’re not […]

Overclocked is now a DRM-free audiobook


My multi-award-winning short story collection Overclocked is now a DRM-free audiobook, courtesy of Downpour.com

And no, it's not on Audible, because they refuse to carry my books unless I let them put DRM on them.

Have you ever wondered what it’s like to live through a bioweapon attack or to have every aspect of your life governed by invisible ants? In Cory Doctorow’s collection of novellas, he wields his formidable experience in technology and computing to give us mind-bending sci-fi tales that explore the possibilities of information technology—and its various uses—run amok.

“Anda’s Game” is a spin on the bizarre new phenomenon of “cyber sweatshops,” in which people are paid very low wages to play online games all day in order to generate in-game wealth, which can be converted into actual money. Another tale tells of the heroic exploits of “sysadmins”—systems administrators—as they defend the cyberworld, and hence the world at large, from worms and bioweapons. And yes, there is a story about zombies too.


Overclocked :
Stories of the Future Present

Is the Digital Taxman Headed to Canada?

Michael Geist Law RSS Feed - Tue, 2015/01/27 - 11:24

As e-commerce and online digital services command a growing share of the market, it comes as little surprise to find the government angling to claim what it sees as its fair share in tax revenue. Last spring, the federal government’s budget quietly announced plans to consult on the prospect of levying sales taxes (GST/HST) on digital products such as music downloads or online video services.

My weekly technology law column (Toronto Star version, homepage version) notes the chief argument underlying the call for digital sales taxes is a level playing field. Digital services with a physical presence in Canada, such as Apple iTunes, Amazon, and Shomi charge GST/HST. However, foreign companies without a Canadian presence, most notably Internet video giant Netflix, do not (interestingly, when Netflix is purchased through a third party service such as AppleTV, the tax is applied).

As these services become more popular, proponents of extending the sales tax to foreign digital services argue that the government will start losing significant revenues and Canadian services will be placed at a competitive disadvantage on their home soil. The government consultation led a diverse group of companies and organizations ranging from Rogers Communications to ACTRA, the actors’ union, to argue in favour of extending sales taxes on digital services to foreign companies.

While some of these claims stem from the ongoing fear of marketplace disruption from Netflix, the tax fairness argument is a good one. In fact, many other countries or tax jurisdictions have either instituted sales taxes on foreign digital services or are in the process of doing so. For example, the City of Buenos Aires in Argentina last year passed a resolution forcing debit and credit card issuers to withhold three per cent from payments made to streaming service providers. The levy was specifically targeted at Netflix subscribers in the city and was reportedly designed to make local streaming services more competitive.

Interestingly, technically there is tax equivalency since Canadians are supposed to self-report the applicable sales tax in a self-assessment. In reality though, few are aware of the obligation and even fewer do so. Indeed, with an annual HST bill of $12.46 for a 12-month Netflix subscription, the missing dollars seem insignificant on an individual level.

Those individual bills can add up to millions of dollars, however, which may provide enough incentive for the federal government to conveniently forget the fall promise of “no Netflix tax” (which referred to a fee for creating Canadian content, not sales tax) and establish a system to require foreign digital operators to collect and remit sales tax on their Canadian sales.

Should the government embrace extending sales taxes to foreign services, the big question will lie in the implementation.  The issue of creating a global sales tax system that requires foreign provides to register and remit sales taxes is fraught with complexity.

Registration requirements alone create new costs that some businesses may be unwilling to bear. In fact, some may simply decide to avoid or block the Canadian market altogether, leading to even more services that either decline to sell to Canadians or which increase their prices to account for the regulatory cost burden.

In order to avoid burdening small businesses, countries may set a revenue threshold before registration and collection requirements kick in.  For example, Switzerland requires foreign digital service providers to register and collect an 8 per cent tax provided that they earn more than C$140,000 annually in income.

Even with a threshold to limit collection to larger businesses, the complexity associated with digital sales taxes is difficult to avoid.  Will the collection apply solely to consumer purchases or also business-to-business sales? Will all digital sales – including virtual property in games or cloud computing services – be subject to a levy?

Given the ever-changing digital environment, the digital taxman may be on the way, but identifying what is subject to sales tax will be easier said than done.

The post Is the Digital Taxman Headed to Canada? appeared first on Michael Geist.

Is the Digital Taxman Headed to Canada?

Michael Geist Law RSS Feed - Tue, 2015/01/27 - 11:21

Appeared in the Toronto Star on January 24, 2015 as Is the Digital Taxman Headed to Canada?

As e-commerce and online digital services command a growing share of the market, it comes as little surprise to find the government angling to claim what it sees as its fair share in tax revenue. Last spring, the federal government’s budget quietly announced plans to consult on the prospect of levying sales taxes (GST/HST) on digital products such as music downloads or online video services.

The chief argument underlying the call for digital sales taxes is a level playing field. Digital services with a physical presence in Canada, such as Apple iTunes, Amazon, and Shomi charge GST/HST. However, foreign companies without a Canadian presence, most notably Internet video giant Netflix, do not (interestingly, when Netflix is purchased through a third party service such as AppleTV, the tax is applied).

As these services become more popular, proponents of extending the sales tax to foreign digital services argue that the government will start losing significant revenues and Canadian services will be placed at a competitive disadvantage on their home soil. The government consultation led a diverse group of companies and organizations ranging from Rogers Communications to ACTRA, the actors’ union, to argue in favour of extending sales taxes on digital services to foreign companies.

While some of these claims stem from the ongoing fear of marketplace disruption from Netflix, the tax fairness argument is a good one. In fact, many other countries or tax jurisdictions have either instituted sales taxes on foreign digital services or are in the process of doing so. For example, the City of Buenos Aires in Argentina last year passed a resolution forcing debit and credit card issuers to withhold three per cent from payments made to streaming service providers. The levy was specifically targeted at Netflix subscribers in the city and was reportedly designed to make local streaming services more competitive.

Interestingly, technically there is tax equivalency since Canadians are supposed to self-report the applicable sales tax in a self-assessment. In reality though, few are aware of the obligation and even fewer do so. Indeed, with an annual HST bill of $12.46 for a 12-month Netflix subscription, the missing dollars seem insignificant on an individual level.

Those individual bills can add up to millions of dollars, however, which may provide enough incentive for the federal government to conveniently forget the fall promise of “no Netflix tax” (which referred to a fee for creating Canadian content, not sales tax) and establish a system to require foreign digital operators to collect and remit sales tax on their Canadian sales.

Should the government embrace extending sales taxes to foreign services, the big question will lie in the implementation.  The issue of creating a global sales tax system that requires foreign provides to register and remit sales taxes is fraught with complexity.

Registration requirements alone create new costs that some businesses may be unwilling to bear. In fact, some may simply decide to avoid or block the Canadian market altogether, leading to even more services that either decline to sell to Canadians or which increase their prices to account for the regulatory cost burden.

In order to avoid burdening small businesses, countries may set a revenue threshold before registration and collection requirements kick in.  For example, Switzerland requires foreign digital service providers to register and collect an 8 per cent tax provided that they earn more than C$140,000 annually in income.

Even with a threshold to limit collection to larger businesses, the complexity associated with digital sales taxes is difficult to avoid.  Will the collection apply solely to consumer purchases or also business-to-business sales? Will all digital sales – including virtual property in games or cloud computing services – be subject to a levy?

Given the ever-changing digital environment, the digital taxman may be on the way, but identifying what is subject to sales tax will be easier said than done.

The post Is the Digital Taxman Headed to Canada? appeared first on Michael Geist.

Sign up now for the Bitcoin and cryptocurrency technologies online course

Freedom to Tinker - Fri, 2015/01/23 - 13:38
At Princeton I taught a course on Bitcoin and cryptocurrency technologies during the semester that just ended. Joe Bonneau unofficially co-taught it with me. Based on student feedback and what we accomplished in the course, it was extremely successful. Next week I’ll post videos of all the final project presentations. The course was based on […]

How to fix copyright in two easy steps (and one hard one)


My new Locus column, A New Deal for Copyright, summarizes the argument in my book Information Doesn't Want to Be Free, and proposes a set of policy changes we could make that would help artists make money in the Internet age while decoupling copyright from Internet surveillance and censorship.

There are two small policy interventions that would make a huge differ­ence to the balance of commercial power in the arts, while safeguarding human rights and civil liberties.

1. Reform DRM law.

It should never be a crime to:

* Report a vulnerability in a DRM;

* Remove DRM to accomplish a lawful purpose.

With this simple reform, DRM would no longer turn our devices into long-lived reservoirs of pathogens (because bugs could be reported as soon as they were discovered), and would no longer give the whip-hand over publishing to tech companies (because re­moving DRM to do something legal, like moving a book between two different readers, would be likewise legal).

2. Reform intermediary liability.

* The DMCA ‘‘safe harbor’’ should require submission of evidence that the identified works are indeed infringing;

* If you file a DMCA takedown notice that ma­terially misrepresents the facts as you know them or should have known them, you should be liable to stiff, exemplary statutory damages, with both the intermediary and the creator of the censored work having a cause of action against you, and with the courts having the power to award costs to the victims’ lawyers.

By ensuring a minimum standard of care for censorship demands, and penalties for abuse, the practice of carelessly sending millions of slop­pily compiled takedowns would be stopped dead (last year, Fox perjured itself and had copies of my novel Homeland removed from sites that were authorized to host them, because it couldn’t be bothered to distinguish my novel from its TV show). Likewise, penalties for abuse with a loser-pays system of fees would give the victims of malicious censorship attempts grounds for punishing the wrongdoers who make a mockery of out the copyright holder’s toolkit to silence their opponents.

But so long as we’re making a wish-list, here’s the big policy change that would make all this stuff much less fraught: STOP APPLYING COPYRIGHT TO ANYONE EXCEPT THE ENTERTAINMENT INDUSTRY.

A New Deal for Copyright

Consumerist on Information Doesn’t Want to Be Free


Consumerist's Kate Cox has turned in a long, excellent, in-depth review of my book Information Doesn't Want to Be Free, really nailing the book's thesis. Namely, that extremist copyright laws don't just mess up artists, but actually endanger all our privacy, freedom and whole digital lives.

Doctorow draws two bright lines connecting copyright law to other major issues: government surveillance, as shared by Edward Snowden; censorship by private companies; and the necessity of free expression to civil and human rights.

Copyright claims are often used as a silencing tactic, where a party with power issues a takedown claim to get content from a party with less power removed from the internet.

For example, Doctorow cites copyright takedown notices issued by police departments demanding to have videos of their officers committing illegal acts taken down on the grounds that the police, not the person with an iPhone who recorded them, have copyright on the videos. Or takedown notices issued by the Church of Scientology to have removed articles from opponents who used leaked internal documents to criticize the organization.

“There are almost never penalties for abusing the takedown process,” Doctorow notes. “It’s the measure of first resort for rich and powerful people and companies who are threatened by online disclosures of corruption and misdeeds.”

Likewise, intermediary companies become gatekeepers of what end users may and may not consume — because they don’t want to get sued. So they fall into the “notice and takedown” scheme, and pass it all along to you. And that includes possibly having your entire broadband connection throttled or hijacked if a copyright holder doesn’t like what a user of that connection has been doing.

Because they have the right, and the ability, to keep an eye on you if you’re anywhere in the ecosystem: using a computer, phone, or internet connection that you didn’t build out of string yourself.

4 Ways Copyright Law Actually Controls Your Whole Digital Life [Kate Cox/Consumerist]

Anonymous programmers can be identified by analyzing coding style

Freedom to Tinker - Wed, 2015/01/21 - 14:11
Every programmer learns to code in a unique way which results in distinguishing “fingerprints” in coding style. These fingerprints can be used to compare the source code of known programmers with an anonymous piece of source code to find out which one of the known programmers authored the anonymous code. This method can aid in […]

Stream On?: How Canadian Law Views Online Streaming Video

Michael Geist Law RSS Feed - Tue, 2015/01/20 - 10:43

The misuse of Canada’s new copyright notice-and-notice system has attracted considerable media and political attention over the past week. With revelations that some rights holders are requiring Internet providers to send notifications that misstate the law in an effort to extract payments based on unproven infringement allegations, the government has acknowledged that the notices are misleading and promised to contact providers and rights holders to stop the practice.

While the launch of the copyright system has proven to be an embarrassment for Industry Minister James Moore, my weekly technology law column (Toronto Star version, homepage version) notes that many Canadians are still left wondering whether the law applies to Internet video streaming, which has emerged as the most popular way to access online video.

In recent years, the use of BitTorrent and similar technologies to engage in unauthorized copying has not disappeared, but network usage indicates its importance is rapidly diminishing. Waterloo-based Sandvine recently reported the BitTorrent now comprises only five per cent of Internet traffic during peak periods in North America (file sharing as a whole takes up seven per cent).  That represents a massive decline since 2008, when file sharing constituted nearly one-third of all peak period network traffic.

The decline largely reflects a shift toward streaming video, which is now the dominant use of network traffic. Netflix alone comprises almost 35 per cent of download network traffic in North America during peak periods with the other top sources of online streaming video – YouTube, Facebook, Amazon Prime, and Hulu – pushing the total to nearly 60 per cent.

The emergence of streaming video raises some interesting legal questions, particularly for users wondering whether the notice-and-notice system might apply to their streaming habits. The answer is complicated by the myriad of online video sources that raise different issues.

The most important sources are the authorized online video services operating in Canada such as Netflix, Shomi, CraveTV, YouTube, and streaming video that comes directly from broadcasters or content creators. These popular services, which may be subscription-based or advertiser-supported, raise few legal concerns since the streaming site has obtained permission to make the content available or made it easy for rights holders to remove it.

Closely related are authorized online video services that do not currently serve the Canadian market. These would include Hulu or Amazon Prime, along with the U.S. version of Netflix. Subscribers can often circumvent geographic blocks by using a “virtual private network” that makes it appear as if they are located in the U.S. Accessing the service may violate the terms of service, but would not result in a legal notification from the rights holder.

The most controversial sources are unauthorized streaming websites that offer free content without permission of the rights holder. Canadian copyright law is well-equipped to stop such unauthorized services if they are located in Canada since the law features provisions that can be used to shut down websites that “enable” infringement.

Those accessing the streams are unlikely to be infringing copyright, however. The law exempts temporary reproductions of copyrighted works if completed for technical reasons. Since most streaming video does not actually involve downloading a copy of the work (it merely creates a temporary copy that cannot be permanently copied), users can legitimately argue that merely watching a non-downloaded stream does not run afoul of the law.

Not only does the law give the viewer some comfort, but enforcement against individuals would in any event be exceptionally difficult. Unlike peer-to-peer downloading, in which users’ Internet addresses are publicly visible, only the online streaming site knows the address of the streaming viewer. That means that rights holders simply do not know who is watching an unauthorized stream and are therefore unable to forward notifications.

While some might see that as an invitation to stream from unauthorized sites, the data suggests that services such as Netflix constitute the overwhelming majority of online streaming activity. Should unauthorized streaming services continue to grow, however, rights holders will likely become more aggressive in targeting the sites themselves using another feature of the 2012 Canadian copyright reform package.

The post Stream On?: How Canadian Law Views Online Streaming Video appeared first on Michael Geist.

How Canadian Law Views Online Streaming Video

Michael Geist Law RSS Feed - Tue, 2015/01/20 - 10:41

Appeared in the Toronto Star on January 17, 2015 as How Canadian Law Views Online Streaming Video

The misuse of Canada’s new copyright notice-and-notice system has attracted considerable media and political attention over the past week. With revelations that some rights holders are requiring Internet providers to send notifications that misstate the law in an effort to extract payments based on unproven infringement allegations, the government has acknowledged that the notices are misleading and promised to contact providers and rights holders to stop the practice.

While the launch of the copyright system has proven to be an embarrassment for Industry Minister James Moore, many Canadians are still left wondering whether the law applies to Internet video streaming, which has emerged as the most popular way to access online video.

In recent years, the use of BitTorrent and similar technologies to engage in unauthorized copying has not disappeared, but network usage indicates its importance is rapidly diminishing. Waterloo-based Sandvine recently reported the BitTorrent now comprises only five per cent of Internet traffic during peak periods in North America (file sharing as a whole takes up seven per cent).  That represents a massive decline since 2008, when file sharing constituted nearly one-third of all peak period network traffic.

The decline largely reflects a shift toward streaming video, which is now the dominant use of network traffic. Netflix alone comprises almost 35 per cent of download network traffic in North America during peak periods with the other top sources of online streaming video – YouTube, Facebook, Amazon Prime, and Hulu – pushing the total to nearly 60 per cent.

The emergence of streaming video raises some interesting legal questions, particularly for users wondering whether the notice-and-notice system might apply to their streaming habits. The answer is complicated by the myriad of online video sources that raise different issues.

The most important sources are the authorized online video services operating in Canada such as Netflix, Shomi, CraveTV, YouTube, and streaming video that comes directly from broadcasters or content creators. These popular services, which may be subscription-based or advertiser-supported, raise few legal concerns since the streaming site has obtained permission to make the content available or made it easy for rights holders to remove it.

Closely related are authorized online video services that do not currently serve the Canadian market. These would include Hulu or Amazon Prime, along with the U.S. version of Netflix. Subscribers can often circumvent geographic blocks by using a “virtual private network” that makes it appear as if they are located in the U.S. Accessing the service may violate the terms of service, but would not result in a legal notification from the rights holder.

The most controversial sources are unauthorized streaming websites that offer free content without permission of the rights holder. Canadian copyright law is well-equipped to stop such unauthorized services if they are located in Canada since the law features provisions that can be used to shut down websites that “enable” infringement.

Those accessing the streams are unlikely to be infringing copyright, however. The law exempts temporary reproductions of copyrighted works if completed for technical reasons. Since most streaming video does not actually involve downloading a copy of the work (it merely creates a temporary copy that cannot be permanently copied), users can legitimately argue that merely watching a non-downloaded stream does not run afoul of the law.

Not only does the law give the viewer some comfort, but enforcement against individuals would in any event be exceptionally difficult. Unlike peer-to-peer downloading, in which users’ Internet addresses are publicly visible, only the online streaming site knows the address of the streaming viewer. That means that rights holders simply do not know who is watching an unauthorized stream and are therefore unable to forward notifications.

While some might see that as an invitation to stream from unauthorized sites, the data suggests that services such as Netflix constitute the overwhelming majority of online streaming activity. Should unauthorized streaming services continue to grow, however, rights holders will likely become more aggressive in targeting the sites themselves using another feature of the 2012 Canadian copyright reform package.


Michael Geist holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can be reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.

The post How Canadian Law Views Online Streaming Video appeared first on Michael Geist.

An American Attorney in Canada (Part 3: Letters of Request in Patent Litigation)

IPBlog (Calgary) - Mon, 2015/01/19 - 09:00
By Richard Stobbe A recent Ontario court decision (Arctic Cat Inc. et al. v. Peter Watson, 2014 ONSC 6874 (CanLII)) dealt with a foreign letter of request, or "letter rogatory" in a cross-border patent infringement case involving the invention of snowmobile prototypes. This type of request is used where a foreign ...

Patent Litigation in 2014

IPBlog (Calgary) - Mon, 2015/01/19 - 09:00
By Richard Stobbe A recent report  shows interesting trends in US patent litigation: 5,002 patent infringement cases were filed in the US in 2014, up from 2,641 filed in 2010; Of those cases filed, the majority (61%) were commenced by NPEs (non-practicing entities), which is a neutral term to describe what are commonly referred to ...

CIPO - EPO PPH

IPBlog (Calgary) - Mon, 2015/01/19 - 09:00
By Richard Stobbe Who can resist an announcement laced with nerdy acronyms? Last week, the Canadian Intellectual Property Office (CIPO) announced the launch of a Patent Prosecution Highway (PPH) pilot agreement with the European Patent Office (EPO). The initial pilot will run from January 6, 2015, to January 5, 2018. Canadians can gain ...

Not a utility patent, but a patent utility?

IPBlog (Calgary) - Mon, 2015/01/19 - 09:00
By Richard Stobbe In a recent interview with The Washington Post, Jay Walker, founder of Priceline.com, has proposed a kind of neutral private-sector utility for the licensing of patents. He argues that "We have spent trillions of dollars inventing things and 95 to 98 percent of all patents have yet to make ...

Is “One Dollar” Sufficient for a Patent Assignment?

IPBlog (Calgary) - Mon, 2015/01/19 - 09:00
By Richard Stobbe You may have read the recitals or introductory clauses in a license or an assignment agreement. In most cases, these clauses are just skimmed, if they are reviewed at all. In a recent decision of the US Federal Circuit Court of Appeals, the court reviewed the impact of ...

Copyright in House Plans

IPBlog (Calgary) - Mon, 2015/01/19 - 09:00
By Richard Stobbe A couple, the Ecklunds, approached Oakcraft Homes, a custom home-builder. Based on their discussions, Oakcraft prepared a house plan and gave a copy of the plan to the Ecklunds. The couple later took that plan to a rival home builder, Toscana Developments. Toscana used Oakcraft’s house plan without ...

USPTO Patent Eligibility Guidelines

IPBlog (Calgary) - Mon, 2015/01/19 - 09:00
By Richard Stobbe What is eligible to be patented in the US? This week the U.S. Patent and Trademark Office (USPTO) released Interim Eligibility Guidance on patent subject matter eligibility. In this document, the USPTO summarizes the instructions for examiners on the following categories which are exceptions to patent eligibility: abstract idea, natural phenomena, ...

Copyright Implications of a “Right to be Forgotten”? Or How to Take-Down the Internet Archive.

IPBlog (Calgary) - Mon, 2015/01/19 - 09:00
- By Richard Stobbe  They say the internet never forgets. From time to time, someone wants to challenge that dictum. In our earlier posts, we discussed the so-called "right to be forgotten" in connection with a Canadian trade-secret misappropriation and passing-off case and an EU privacy case. In a brief ruling in October, the ...
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