Anti-circumvention Technology Legislation in Canada PDF Download
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Author: Natanya Garcia
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 264
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Book Description
Author: Natanya Garcia
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 264
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Book Description
Author: Jamil Afzal
Publisher: Springer Nature
ISBN: 9819771064
Category :
Languages : en
Pages : 216
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Book Description
Author: Yanning Yu
Publisher: Kluwer Law International B.V.
ISBN: 9041126864
Category : Technology & Engineering
Languages : en
Pages : 294
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Book Description
The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.
Author: Robert Tomkowicz
Publisher:
ISBN:
Category :
Languages : en
Pages : 38
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Book Description
Copyright legislation has been amended in many countries to provide legal protection to access- and use-controlling technology. Canada is considering similar provisions in Bill C-60. This article examines the policy issues that arise when copyright law, in conjunction with anticircumvention technology, is invoked to provide concurrent protection for a patented or patentable device. It discusses the philosophical justification for IP rights protection, including the notion of balancing owner and user interests, and the importance of respecting the different balances on which each intellectual property right lies. The article argues that technology, with its legal protection, can be used to expand the patent monopoly, or even supplant it, effectively eliminating the concept of intellectual property rights' balance. The article identifies and analyses the effects of access- and use-controlling technology on the patent monopoly and, drawing on the experience of other jurisdictions with similar provisions, offers two suggestions to mitigate the risk that the inclusion of anticircumvention provisions in the Copyright Act can be misused to expand the patent monopoly. One recommendation is to change the proposed provisions in Bill C-60 to connect the circumvention of DRM technology with actual copyright infringement and to narrow down the definition of access-controlling technology. The second suggestion is to introduce into Canadian copyright law a statutory cause of action, or defence, similar to the American equitable defence of copyright misuse, which could be invoked to address the improper use of any copyright rights.
Author: Jean Daudelin
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773577386
Category : Political Science
Languages : en
Pages : 341
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Book Description
In Canada Among Nations, 2007 a team of specialists explores the space that Canada currently occupies in the global policy landscape and considers the bureaucratic players who manage this "occupation." Looking at trade, the environment, development, defence, intellectual property rights, and, the biggest file of all, the United States, they examine the various games involved, from the relationship of the Prime Minister's Office with the foreign policy apparatus to the constraints imposed by Alberta’s and Quebec’s particular interests and takes on foreign policy.
Author: Ian R. Kerr
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Canada's imminent decision whether to ratify the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) raises questions about the extent to which Canadian law ought to protect the technologies that protect works subject to copyright in a digital environment. In addressing this question, the authors commence with a detailed description of the current state of the art in technological protection measures (TPMs). The authors demonstrate that an attempt to provide a simple description of TPMs has been complicated by the introduction of more sophisticated information systems designed to protect intellectual property, known as digital rights management systems (DRMs). Following their technological description of TPMs and DRMs, the authors analyze the TPM concept and investigate the legal implications of Canada's commitment as a signatory of the WCT and WPPT to provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures. After situating their analysis in a broader philosophical context, the authors consider the consequences of affording an additional layer of protection over and above the existing protections offered by copyright law, contract law and the technologies themselves. They then examine various possible implementations of the WIPO treaties as well as legislative responses from Australia, Japan, and the European Union, with particular emphasis on the United States and the cases and commentary that it has produced. The authors conclude that, until the market for digital content and the norms surrounding the use and circumvention of TPMs become better known, it is premature to ascertain the appropriate legal response. Consequently, they suggest that Canada should not implement any new legal measures to protect TPMs at this time. Recognizing the possibility that such measures might need to be adopted in the face of new empirical evidence, the authors recommend that the legislative creation of access-control right must be counter-balanced by a newly introduced access-to-a-work right. Under this approach, copyright owners would have a positive obligation to provide access-to-a-work when persons or institutions fall within the exceptions or limitations that would be set out in the Copyright Act. Such an obligation might entail the positive obligation to allow access to works in the public domain, or to provide unfettered access-to-works to educational institutions and other organizations that are currently exempted from a number of the provisions in the Copyright Act. Finally, the authors end by pointing out that the approach to the TPM issue has thus far neglected a question that is logically prior to those raised by the current debate about anti-circumvention laws. They point out that, before asking whether and under what circumstances copyright legislation ought to protect TPMs, perhaps it is necessary to first ask whether and under what circumstances TPMs should be permitted to flourish.
Author: Michael Geist
Publisher: University of Ottawa Press
ISBN: 0776620843
Category : Law
Languages : en
Pages : 476
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Book Description
In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.
Author: Ruth L. Okediji
Publisher: Cambridge University Press
ISBN: 1107132371
Category : Law
Languages : en
Pages : 543
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Book Description
In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.
Author: Pamela Robinson
Publisher: University of Ottawa Press
ISBN: 077662976X
Category : Political Science
Languages : en
Pages : 209
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Book Description
The Future of Open Data flows from a multi-year Social Sciences and Humanities Research Council (SSHRC) Partnership Grant project that set out to explore open government geospatial data from an interdisciplinary perspective. Researchers on the grant adopted a critical social science perspective grounded in the imperative that the research should be relevant to government and civil society partners in the field. This book builds on the knowledge developed during the course of the grant and asks the question, “What is the future of open data?” The contributors’ insights into the future of open data combine observations from five years of research about the Canadian open data community with a critical perspective on what could and should happen as open data efforts evolve. Each of the chapters in this book addresses different issues and each is grounded in distinct disciplinary or interdisciplinary perspectives. The opening chapter reflects on the origins of open data in Canada and how it has progressed to the present date, taking into account how the Indigenous data sovereignty movement intersects with open data. A series of chapters address some of the pitfalls and opportunities of open data and consider how the changing data context may impact sources of open data, limits on open data, and even liability for open data. Another group of chapters considers new landscapes for open data, including open data in the global South, the data priorities of local governments, and the emerging context for rural open data.
Author: Robert Tomkowicz
Publisher: Routledge
ISBN: 1136637869
Category : Business & Economics
Languages : en
Pages : 270
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Book Description
Intellectual property rights and their overlaps are considered in light of rights purposes, relying on the concept of a balance of rights as the measuring rod for assessment of the consequences resulting from the exercise of overlapping rights. Identifying the complex interface between different types of intellectual property rights, this book discusses the use of these rights and their effect on a diverse group of stakeholders, from individual users of e-books to large corporations operating search engines on the internet. The book suggests solutions to potentially objectionable uses of overlapping rights in an attempt to provide judiciary and law practitioners with an analytical framework for resolving disputes of overlaps in the intellectual property system. In doing so, the author investigates how use of intellectual property rights associated with one segment of the system can affect the carefully crafted balance of rights held by various stakeholders in an overlapping segment. In particular, the book suggests that a properly construed doctrine of misuse of intellectual property rights would provide an adequate response to the challenge posed by improper use of overlapping intellectual property rights. This book is of particular interest to law practitioners, managers in advanced technology and media industries, academics, and university students who work with or analyze intellectual property and new technologies.
