EXCESS COPYRIGHT

Intellectual property law is good. Excess in intellectual property law is not. This blog is about excess in IP and related law. I have practiced law with prestigious firms and successfully acted for interveners in several important Supreme Court cases. I've also been in government & academe. My views are purely personal. Nothing on this blog should be taken as legal advice. I am a policy provocateur and currently not practising law. My email address is hknopf@gmail.com.

Thursday, September 25, 2008

No Making Available Right in USA + Statutory Damages Dissed

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In a very important decision in the Jammie Thomas case , Judge Michael J. Davis, the Chief Judge of the U. S. District Court for the Distri...
5 comments:
Tuesday, September 23, 2008

Canadian Election & Copyright

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Things are starting to get interesting in the Canadian election concerning copyright and culture. Jack Layton and the NDP are offering a $20...

New Zealand Considers Allowing Satire and Parody

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New Zealand is now considering an explicit provision in its copyright legislation to allow for satire and parody. This follows a recent ame...
Thursday, September 18, 2008

Supremes Won't Hear Ringtones Case

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The Supreme Court of Canada has ruled that it won't hear an appeal concerning the ringtones tariff. See my previous posting for what ...

RIAA Outdoes Itself

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Just when you think that things cannot get much crazier in the USA, they just have. The RIAA is now trying to sanction Ray Beckerman, a terr...

ACTA - EFF Sues USTR

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The redoubtable EFF has sued the secretive and determined USTR over its allegedly insufficient disclosure under the US Freedom of Informatio...
1 comment:
Monday, September 15, 2008

Ringtones - Supremes to Rule on Leave Application

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We shall find out this Thursday, September 18, 2008 shortly after 9:45 AM whether the Supreme Court of Canada (hereinafter “the Supremes”) w...
Wednesday, September 10, 2008

Bill C-61 - Dead or Undead?

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Is Bill C-61 really "dead", now that an election has been called? Or is it really in the realm of " The Undead "? Sinc...
Tuesday, September 02, 2008

Copyright as an Election Issue?

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Gilles Duceppe, the Bloc Québécois leader, met with Prime Minister Harper on August 30. According to the CBC and the Montreal Gazette , cop...
Thursday, August 28, 2008

Bill C-61 and the [posssible] Election

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Don Martin - a columnist who is regarded by many as being very sympathetic to the Conservative Government and well informed on how it oper...
Monday, August 25, 2008

Made Worse in Canada

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"Made in Canada" or "Made Worse in Canada"? The phrase I coined on June 12, 2008 - the day that Bill C-61 was introduced...

CLA Advocacy Material on Bill C-61

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The CLA has posted some advocacy material on Bill C-61, available here. Although the suggested letter contains some good points, I'm fr...
2 comments:
Friday, August 22, 2008

Troubles in Brussels

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The often playful IPKat has a very serious and gloomy report on Bernt Hugenhotltz' open letter to Dr. Jose Manuel Barroso, President o...
1 comment:
Wednesday, August 13, 2008

Copyright as Olympic Censorship Tool - Updated

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Slashdot has a story about how the IOC invoked the DMCA to take down a pro-Tibet video that presumably offended it by showing the famous fi...
4 comments:
Sunday, August 03, 2008

The End of William Patry's Blog

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Yesterday was a dark day for copyright law, and even bigger issues such as the ability of passionate and informed scholars to use the blogos...
1 comment:
Saturday, August 02, 2008

ACTA Secrecy Concerns Increase

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On July 28, 2008 Michael Geist reported in the Toronto Star that: According to documents obtained under the Access to Information Act and re...
2 comments:
Wednesday, July 30, 2008

RIAA v. Almost 30,000 People

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Ray Beckerman is a redoubtable and remarkable New York lawyer who has made it his mission to stop the RIAA's mass litigation campaign,...
3 comments:
Wednesday, July 23, 2008

NPR on ASCAP & Torture Royalties

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A reader named Andy has kindly pointed out that my point about ASCAP and GITMO was a lead item on a recent National Public Radio quiz show...
1 comment:

The Three Step Test, eh?

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Bill Patry has an interesting blog today about a new declaration on the three step test from the Max Planck Institute. Some very notable Eur...
1 comment:

CIPPIC opens Bell/Rogers internet throttling investigation

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My friends at CIPPIC (the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic) at the University of Ottawa are interested ...
2 comments:
Tuesday, July 22, 2008

Copyright and The Academy

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A whole bunch of brilliant European professors, including such well known people as Lionel Bently at Cambridge, Thomas Dreier, the Director,...
Friday, July 18, 2008

Parody, eh?

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Here's another recent JibJab effort for the 2008 Presidential campaign in the USA. It's called Time For Some Campaignin'. Do you...
Wednesday, July 16, 2008

Torture Royalties Redux

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Well, it seems that my " presumably with tongue firmly planted in cheek " and insouciant question as to whether there should be co...
1 comment:

Purple Fair Use & Fair Dealing, eh?

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Should a mother be able to post a 29 sec video of her toddler kid dancing to a Prince song? The EFF is fighting for her right to do so . San...
Friday, July 11, 2008

FCC About to Rule on Net Neutrality?

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There are widespread report that the FCC is about to "throttle" Comcast for throttling service to its subscribers. See The Regist...
Thursday, July 10, 2008

Weapons of Mass Congestion & Weapons of Mass Distribution

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Yesterday, I heard Richard French, the very brilliant and usually convincing former Bell senior executive, CRTC Commissioner, Quebec Cabinet...
6 comments:

Google and Privacy - update

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The other day on July 4, 2008 I posted about the sweeping production and disclosure order in Viacom v Google that was issued by a US Court....
Wednesday, July 09, 2008

Canadian Heritage Studies - Whassup?

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A visit today to the Canadian Heritage copyright website reveals the following, which has been posted for many months now about a couple o...
1 comment:
Monday, July 07, 2008

Fair Use for Online Video - eh?

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Peter Jaszi and Pat Aufderheide - two brilliant professors in Washington, DC, have just published a guide called Code of Best Practices in ...
3 comments:
Friday, July 04, 2008

Copyright and Personal Privacy, eh?

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Yesterday's ruling in the American mega litigation involving Viacom v. YouTube & Google requires the handover of 12 terabytes of da...
1 comment:
Thursday, July 03, 2008

Did Bush Judicial Nominee Copy Excessively?

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A very interesting and potentially intense story is developing in the USA about a person named Michael E. O’Neill nominated by President Bu...

Is Torture by Music a "Performance in Public"?

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Certain collectives are quick to collect money from those in nursing homes, hospitals, prisons etc. on the basis that these are "public...
16 comments:

CIRA’s Privacy Policy - Between a Rock and a Hard Place

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I respectfully disagree with Michael Geist about CIRA’s latest policy on disclosure of registrant information. CIRA is right to allow those...
1 comment:

Champlain & Jefferson

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There's a very lovely op-ed in today's NTimes by one Prof. David Hackett Fischer comparing Champlain and Jefferson - based on the p...
1 comment:
Thursday, June 26, 2008

ACTA Paranoia?

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ACTA paranoids - or those who are merely observant - will not be comforted by the U.S. Senate hearing that just took place regarding searchi...
1 comment:

Legal File Sharing to Come in UK?

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The usually reliable The Register is reporting from the UK: Exclusive Legal broadband subscription services that permit file sharing may a...
2 comments:
Wednesday, June 25, 2008

Posner on Black and Ostrich Canards

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The one and only Justice Posner ruled today on the one and only Conrad Black's appeal. (unuprisingly denied). There 's really not...
Friday, June 20, 2008

From Bananas to Brazil

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Reuters reports that Brazil, having just won a trade-dispute over cotton against the USA, may follow the Antigua lead and cross retaliate...

Locks, Levies and Litigation - My First Take on Bill C-61

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OK. Better late than never, I hope. Here's my Power Point presentation (with a couple of updates arising from discussion) based upon my...
2 comments:

Prof. D'Agostino on Bill C-61

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Prof. Giuseppina D'Agostino has an interesting op-ed in yesterday’s Toronto Star on Bill C-61. I won't comment on it detail but a f...
Thursday, June 19, 2008

Ivor Tossell on Bill C-61

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Here's an excellent article with a link to a great online voice story by Ivor Tossell at the Globe and Mail. Here's the biting podc...
1 comment:

Unmaking of the "making available" right

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Ten law professors have filed a brief in the American Thomas case supporting the argument that there is no "making available" ri...

Bill C-61 Padlock

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This image is bang on. See the excellent article from Vue Weekly from whence it came here. HK

Jim Prentice on Last Episode of CBC Search Engine

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Here’s Jesse Brown interviewing Minister Jim Prentice on Bill C-61 on the terrific CBC Search Engine show. Asked about issues as issues r...
3 comments:
Tuesday, June 17, 2008

My Talk on C-61

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I'll be talking about the new bill on Wednesday, June 18, 2008 from 1 to 3 PM in Room 135 at Fauteux Hall - the U. of Ottawa Law School....
1 comment:
Sunday, June 15, 2008

Vox populi on Bill C-61

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Maybe we don't need an armada of copyright lawyers to decipher Bill C-61. Here's a collection of comments from the Toronto Star to...
3 comments:
Saturday, June 14, 2008

Flashback to March 19, 2005

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On March 19, 2005, the Conservative Party of Canada - not yet Canada's New Government - published its promising Policy Declaration, whic...
Friday, June 13, 2008

Facebook at 50,000

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It's 11:33 on Friday June 13, 2008. Michael's Fair Copyright Facebook page just hit 50,000 members as I happened to be looking. Con...

Labyrinth of Locks, Levies and Litigation

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Re Bill C-61, I am, for once, speechless. Actually, not entirely. Here I was on Mike Duffy Live yesterday. But I won't be silent for too...
1 comment:
Thursday, June 12, 2008

Bill C-61

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Here it is. Comments to follow. Government explanatory material is here. HK
14 comments:
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Howard Knopf
Ottawa, Canada
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