On June 14, I gave my annual presentation to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covered the period from June 2015 to June 2016. The developments included cases from Canada, the U.S. the U.K., and other Commonwealth countries.
The developments were organized into the broad topics of: Technology Contracting, Online Agreements, Privacy, Online/Intermediary Liability/Responsibility, Copyright, and Trade-marks and Domain names.
The cases referred to are listed below. My slides can be viewed after the case listing. These and many other cases will be added to my 7 volume book … Continue Reading
On May 6, 2016, the Supreme Court of British Columbia handed down its decision in Nazerali v. Mitchell, 2016 BCSC 810, ordering $1.2 million in damages in favour of the plaintiff, Natel Nazerali, who claimed he was defamed by Mark Mitchell, the principal author and publisher of www.deepcapture.com (the “Website”).
This case highlights numerous interesting nuances about defamation law when the Internet is involved; but notably, this case appears to suggest that the Court will not hesitate to grant a permanent injunction, even against big players like Google and GoDaddy.com, for permitting online searches that lead to defamatory … Continue Reading
In introduction to Baglow v. Smith, 2015 ONSC 1175 [“Baglow”], an action for defamation involving political bloggers, Madam Justice Polowin described political debate in the Internet blogosphere as, “rude, aggressive, sarcastic, hyperbolic, insulting, caustic and/or vulgar.” She further stated that, “it is not for the faint of heart.” Baglow is a case around the alleged defamation of the plaintiff through a blog post by one of the defendants. The plaintiff felt that the blog post went “too far” and sought to hold the blog post author, and the moderators of the message board, liable for defamation.… Continue Reading