Copyright Archives

Gilham v R – UK CA Conviction for Selling Mod Chips

In Gilham v R [2009] EWCA Crim. 229, , the UK Court of Appeal upheld the conviction of a seller of mod chips, holding that the sale of mods chips violates the UK anti-circumvention legislation.

In the course of giving reasons, the Court made some observations on whether copying of sounds and images from a DVD into the RAM of a video console in the course of playing a game could constitute copyright infringement. The court held that copying of even a single frame of a movie of video game could be considered a reproduction of the artistic works embodied in the game.…

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© the way ahead: A Copyright Strategy for the Digital Age

The UK Government continues to explore how to adjust its copyright framework to keep up with technology and consumer behavior. In its latest publication, © the way ahead: A Copyright Strategy for the Digital Age, the UK Government looks at how copyright can tackle the challenges of the digital age, drawing on previous work including Digital Britain and the Gowers Review of Intellectual Property, on international perspectives including the European Commission’s and on discussions and submissions from stakeholders.

Much like the Canadian Government, the UK Government wants a copyright system “that works as well as it can for everyone in the UK, supporting investment and sustaining jobs, as well as underpinning our cultural life, and supporting consumers to get the best from the digital age.”…

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Lord Mandelson speech transcript on P2P copyright and creative industries

I recommend you read the speech by Lord Mandelson to the c&binet forum, 28 October 2009. http://bit.ly/1vmHXm

He makes some observations relevant to Canadian copyright reform about the importance of the creative industries and the need to create a proper legal framework to ensure they thrive. He also explains that the graduated response regime the UK is implementing is a carefully nuanced and procedurally fair process.

Why the creative industries matter

“I’m a big defender of an economy based on making things, which is why I often speak about manufacturing.…

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100,000 Voters Who Don’t Exist

Interesting blog by Chris Castle that raises important questions about the Canadian Coalition for Electronic Rights’ (CCER) letter writing wizard and manipulation of the Copyright Consultations.

Castle describes CCER as “a mod chip makers trade association” “that allowed users to send a pre-fabricated letter to a predetermined but undisclosed list of ministers and Members of Parliament that supported a wide variety of anti-copyright—and especially anticircumvention—issues.”

He says: “The CCER letter writing wizard seems to be of very, very questionable provenance.” Castle states that “A little quick sampling of the posted letters suggests that a substantial number of them (perhaps over half) came from CCER.”…

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Rhetoric exaggerates ACTA leaked negotiations text

Last week bloggers including Michael Geist went hysterical over the “leaked” ACTA memorandum telling the public that it mandated “three strikes” with Internet disconnection based on merely three unproven allegations of online file sharing, among other things.

Turns out that the summary of the text was inaccurate. Further, other bloggers have pointed out that to a large extent the proposed provisions discussed in the leaked memo reflects existing, international norms for copyright protection in the EU, US and our other trading partners.…

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Copyright Reform in Canada-Woodrow Wilson International Center for Scholars

Woodrow Copyright Final

For more information about the Copyright Modernization Act or Bill C-11 or copyright reform, see Change and the Copyright Modernization Act.

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Why Canada Should Not Adopt Fair Use: A joint submission to the Copyright Consultation

Here is a copy of the submission “Why Canada Should Not Adopt Fair Use: A joint submission to the Copyright Consultation” written by Barry Sookman and Dan Glover on behalf of over 45 Canadian cultural organizations.

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Copyright Reform for Canada: What Should We Do? My submission to the Copyright consultation

This is a copy of my personal submission to the Canadian Government consultation on copyright reform.

Sookman Copyright Consultation Reform Submission

For more information about the Copyright Modernization Act or Bill C-11 or copyright reform, see Change and the Copyright Modernization Act.

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What Happens When Copyright Goes Digital

Barry Sookman and Stephen Stohn, National Post August 6, 2009

Earlier this month, the federal government launched a copyright consultation asking Canadians for input on copyright reform. Chief among its questions were what sorts of changes would best foster “innovation and creativity,” “competition and investment” and best “position Canada as a leader in the global, digital economy.”

These questions reveal fundamental insights about the objectives of copyright reform.

Reforming copyright law will stimulate investment in the creation and dissemination of movies, TV programs, books, music and software; help Canada to be a leader in the global digital market for cultural products; and enable Canadian actors, artists, performers, producers and publishers to be paid for their creative efforts and investments.…

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Microsoft Wins Substantial Damages Award for Unauthorized Distribution of its Software

A federal court has granted Microsoft Corporation default judgment against two PC Village businesses and two individuals associated with the businesses in an action for copyright and trade-mark infringement. Microsoft’s investigators had purchased computers from two separate PC Village locations. The judge found that one computer contained seven unauthorized Microsoft software programs, while the other had eight.

In assessing statutory damages for copyright violations, the judge noted that the defendants had been put on notice regarding the infringing nature of their activities.…

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