Maybe it is time to fix the AI that is throwing random infringement notices at every IP address (no IP pun intended) out there for content that is readily available on Netflix and Amazon (to name a few). Users are being told to take down things they have zero control over (i.e. streaming services). In …
Read more “Copyrighting Copywrongs Caused By Notice+Notice – DMCA Bots”
Courts are progressively moving away from their passive caution in matters of patent or copyright infringement where serial infringers are thriving on the slowness and inefficiency of the justice system to keep infringing in the course of proceedings. One way to curtail the modus operandi of Canadian infringers who rarely have a valid defence as …
Read more “Summary Judgments in Copyright Claims: The War Has Changed”
Featured Image: Drawing Constellations by Will Pappenheimer, in collaboration with Zachary Brady. Drawing Constellations is an interactive drawing, installation, and app that uploads drawings to a constantly moving and evolving 3-dimensional “constellation” situated within and outside of the gallery. Upon creating a drawing on a tablet, the user’s drawing is then transferred into 3D augmented …
The main regulator of the legal profession has issued its predictive report on where the practice of law is headed by 2030. Not surprisingly, the future of the legal profession will be dominated by Data, AI, Tech, and Climate Change. https://www.lawsociety.org.uk/en/topics/research/future-worlds-2050-images-of-the-future-worlds-facing-the-legal-profession-2020-2030 These areas of expertise are almost entirely outside the scope of law societies\’ exclusivity …
Earlier this month, Subway scored a legal victory in a trademark infringement claim against Budway Cannabis Store who didn\’t bother showing up at trial (blame it on the \”bud\”, I guess). https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/498525/1/document.do The court based its analysis on a previous ruling Toys R Us v. Herbs R Us, 2020 FC 682 flowing from very similar …
The Federal Court of Appeal confirmed a site blocking order that was touted as the \”first ever\” in Canada back in 2019. The Federal Court of Appeal is right. Courts should issue site blocking orders more often and on an interlocutory basis. IP defendants are routinely allowed to allege some bogus defenses left unresolved till …
GOOGLE LLC v. ORACLE AMERICA, INC. is surprisingly elaborate considering that fair use doctrine is already settled. We think that Google could have won even without the fair use doctrine. Snippets of code must matter to deserve copyright protection. In Canada, Google would have lost under fair use doctrine, because commercial use always negates fair …
Here is an excellent article in Canadian Lawyer warning of IP landmines to avoid when using OSS.