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|U.S. Supreme Court Finds Direct Copyright Liability for Subscriber-Directed Retransmissons of Over-the-Air Broadcasts|
Elisabeth A. Langworthy, Daniel C. Neustadt; Sutherland Asbill & Brennan LLP;
July 9, 2014, previously published on July 1, 2014The U.S. Supreme Court held last week that a service provider directly infringes a copyright owner’s exclusive performance right when it transmits to subscribers individualized streams of copyrighted works almost simultaneously to their broadcast over the air. Justice Stephen Breyer, writing...
|You Can Stay Anonymous: SCC Recognizes a Privacy Interest in Protecting Anonymity on the Internet|
Roland Hung, Charles S. Morgan; McCarthy Tétrault LLP;
June 27, 2014, previously published on June 22, 2014On June 13, 2014, in a landmark privacy ruling, the Supreme Court of Canada (“SCC”) in R v Spencer (“Spencer”) unanimously recognized that, in addition to confidentiality and control of the use of personal information, there may be a privacy interest in protecting anonymity...
|One final reminder - Are You Ready for Anti-Spam?|
June 24, 2014, previously published on June 20, 2014Any individual, business or organization that uses email, text messages or social networks to promote their products and services should take note of Canada's Anti-Spam Legislation and its accompanying regulations. Effective July 1, 2014, the new law will regulate electronic interaction and...
|Compliance with CAN-SPAM Does Not Equal Compliance with CASL|
Roland Hung; McCarthy Tétrault LLP;
June 18, 2014, previously published on June 10, 2014We are approximately a month away from the effective date of Canada’s Anti-Spam Legislation (CASL), July 1, 2014. CASL is widely considered to be among the toughest anti-spam legislation in the world and will have significant implications for businesses. All commercial electronic messages...
|What’s the Difference between Google and an Elephant? An Elephant Never Forgets|
Kirsten Thompson; McCarthy Tétrault LLP;
June 18, 2014, previously published on June 11, 2014Last month, in a bombshell decision, the European Union’s Court of Justice (“CJEU”) demanded that Google “forget” certain items. The demand resulted from a CJEU decision that individuals have a right to request that a search engine remove certain webpage links from the...
|The Clock is Ticking: Canada’s Anti-Spam Law Coming into Force in Less Than a Month|
Imran Ahmad, Bernice Karn; Cassels Brock & Blackwell LLP;
June 17, 2014, previously published on June 9, 2014The clock is quickly ticking to July 1, 2014, when one of the most stringent anti-spam laws in the world will come into force. To educate businesses about the new legislation, the Canadian Radio-television and Telecommunications Commissioner (the “CRTC”) recently held a number of...
|Lawyers and Social Media: Ethical Considerations, Problems and Pitfalls|
John A. Tarantino; Adler Pollock & Sheehan P.C.;
June 11, 2014, previously published on May 20, 2014Social media provides an extraordinary means not only to communicate and share information, but also to obtain information that they may lead to incriminating, exculpatory and impeachment evidence for use in discovery and at trial. Social media can help an attorney obtain information about...
|Court of Justice Confirms that Browsing the Internet is Lawful|
Ben Hitchens, Akash Sachdeva, Riecha Sharma; Edwards Wildman Palmer LLP;
June 11, 2014, previously published on June 10, 2014On 5 June 2014, following a request for a preliminary ruling from the Supreme Court of England and Wales, the Court of Justice of the European Union (“CJEU”) handed down its judgment in Case C-360/13, Public Relations Consultants Association Ltd v Newspaper Licensing Agency Limited and...
|EU Court of Justice Clarifies Responsibilities of Internet Search Engines Regarding So-Called "Right to be Forgotten"|
Paloma Bru; Jones Day;
May 28, 2014, previously published on May 2014On May 13, 2014, the Court of Justice of the European Union ("CoJ" or "Court") adopted a judgment that resolves several questions about the interpretation of the EU Data Protection Law (Directive 95/46/EC) in relation to the activity of internet search engines.
|Google Forced to Forget, Following European Court of Justice Decision|
Jane Elphick, Jonny McDonald, Sarah Pearce; Edwards Wildman Palmer LLP;
May 23, 2014, previously published on May 20, 2014For the first time The Court of Justice of the European Union (the “CJEU”) applies the right to be forgotten to a non-EU based internet search engine entity. However, its grounds for doing so raise issues to be considered by all. The CJEU judgment (the “Judgment”) in Google...