Tuesday, May 28, 2013

Access Copyright v. York University - York's Statement of Defence Delayed

All eyes are on still on York University to see how it responds to Access Copyright's controversial lawsuit
However, behind the scenes discussions between lawyers and other procedural steps may result in a lengthy wait before we see what York will actually do, and in particular how it will respond to AC's apparent "mandatory tariff" theory, to which many copyright experts do not subscribe. It is important to note that this is not a copyright infringement action as such. It is also worth remembering that AUCC did not seek judicial review (in layman's terms an "appeal") of the Copyright Board's controversial interim tariff upon which the York lawsuit is based. Had such review been sought and had it succeeded, which was a good possibility when it was still  timely in early 2011, this lawsuit as such would not have happened.

Further delays in filing York's statement of defence will require a court order, although such orders are routine if based upon consent.


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