snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: March 2014

Hyperlinks Not a Copyright Infringement, According to the Court of Justice of the European Union

Posted in Copyright, Intellectual Property

Overview

In Svensson v Retriever Sverige AB, the Court of Justice of the European Union (the “CJEU”) recently ruled that hyperlinks to freely available Internet content do not amount to a copyright infringement.

The Svensson case involves a dispute between journalists and a media search service company.  Svensson, Sjögren, Sahlman and Gadd (the “Journalists”) wrote and held copyrights to press articles which were published in the Göteborgs-Posten newspaper and on its website.  Retriever Sverige AB (“Retriever”) operated a website that provides its clients with hyperlinks to articles published by other websites.

The Journalists … Continue Reading

Ontario Superior Court Revisits and Broadens Jones v Tsige

Posted in Privacy

In the recent case, Hopkins v Kay, the Ontario Superior Court of Justice recently declined to strike a claim for the tort of intrusion upon seclusion. In doing so, the court appears to have broadened the scope of the tort of intrusion upon seclusion as set out in Jones v Tsige. Companies should be aware of the broadening of the tort of intrusion upon seclusion and take steps to prevent such intrusion.

Background

In January 2012, the Ontario Court of Appeal released Jones v Tsige, in which it held that there is a tort of intrusion upon … Continue Reading

CASL Applies To You Even If You Aren’t In Canada

Posted in Anti-Spam, Consumer Protection, Regulatory Compliance

CASL is the toughest law of its kind in the world and Canadian organizations are awakening to many major challenges they will face when trying to comply with this legislation.  However, non-Canadian organizations should not overlook the Act’s extra-territorial application and its effect on their respective operations.

CASL’s requirements far exceed those in other countries. Rather than targeting false and misleading e-mails or those sent in violation of an opt-out request such as in the U.S., or limiting the restrictions to direct marketing messages as in the EU, CASL goes much farther. It does the same thing with its “ban … Continue Reading

Service Performance Remedies In Outsourcing Agreements: Lessons To Learn From State of Indiana v. IBM

Posted in Contracting/Outsourcing, Technology License Agreement

For a customer of outsourcing services, it is crucial that the outsourcing services agreement include well-drafted, clear and specific remedies to address vendor service performance failures that will have a material impact on the customer.  A good example of what can happen when a service agreement is deficient in this area are the recent decisions in the ongoing litigation between the State of Indiana and IBM over a ten-yearperiod, $1.3 billion contract for IBM to modernize and manage the State of Indiana’s welfare system.

Less than three years into the ten-year contract, the State terminated the contract for cause citing … Continue Reading

McCarthy Tétrault files brief in U.S. Supreme Court

Posted in Copyright, Intellectual Property

On March 3, McCarthy Tétrault partner Steven Mason filed an Amicus brief in the United States Supreme Court in the high profile Aereo case in support of the broadcasters and studio appellants who are challenging Aereo’s business model of re-transmitting TV broadcasts  over the Internet without paying retransmission royalties. The brief argues that the international, bi-lateral and multilateral treaties the United States agreed to requires US courts to provide a broad technologically neutral right of communication to the public that would fully cover Aereo’s service.

The brief is signed by a “who’s who” of international rights holders, including the International … Continue Reading

Legal Implications of Accepting Bitcoin as Payment

Posted in Consumer Protection, Regulatory Compliance

The number of Canadian businesses accepting virtual currencies as a form of payment is growing. Bitcoin is emerging as the most popular of these new currencies – none of which are subject to a central authority. Governments, including Canada’s federal government, are starting to take note, expressing opinions on the applicability of domestic laws and proposing new regulations. It is still early days for virtual currencies, however, and uncertainty remains. Before your business decides to accept Bitcoin as a form of payment, consider the practical and legal risks outlined below.

Complying with Anti-Money Laundering and Anti-Terrorist Financing Regulations

Compliance with … Continue Reading