CRTC Issues Statement on Internet Retransmission of TV & Radio Signals CRTC Issues Statement on Internet Retransmission of TV & Radio Signals

Telecommunications
January 30, 2003January 30, 20032015-07-08
On January 17, 2003, the Canadian Radio-television and Telecommunications Commission ("CRTC"), issued a Broadcasting Public Notice stating that it would continue to require a broadcasting license for Internet retransmission of television and radio broadcasts.
Deeth Williams Wall http://www.dww.com/articles/crtc-issues-statement-on-internet-retransmission-of-tv-radio-signals

Online Pharmacy Fined $200,000.00 Online Pharmacy Fined $200,000.00

Food and Drug
January 30, 2003January 30, 20032015-07-08
The Nevada State Board of Pharmacy has begun cracking down on online pharmacies. In its first case, the manager of Nevada based Prescriptiononline.com was recently fined $200,000 (U.S.).
Deeth Williams Wall http://www.dww.com/articles/online-pharmacy-fined-20000000

Doctor's Licence Revoked for Prescribing Over the Internet Doctor's Licence Revoked for Prescribing Over the Internet

Information Technology
January 30, 2003January 30, 20032015-07-08
The Medical Board of California has revoked the licence of Dr. Jon Steven Opsahl. The decision, which will be effective February 21, 2003, was based on Dr. Opsahl's practice of drug prescription over the Internet without patient examinations.
Deeth Williams Wall http://www.dww.com/articles/doctors-licence-revoked-for-prescribing-over-internet

Canadiantiredealer.com Transferred for Bad Faith Use Canadiantiredealer.com Transferred for Bad Faith Use

Domain Names
January 30, 2003January 30, 20032015-07-08
The January 14, 2003, a World Intellectual Property Organization (WIPO) arbitration panel released its decision in Canadian Tire Corporation, Limited v. Mike Rollo. The panel ordered the transfer of the domain names canadiantiredealer.com and canadiantiredealers.com to Canadian Tire Corporation ("Canadian Tire").
Deeth Williams Wall http://www.dww.com/articles/canadiantiredealercom-transferred-for-bad-faith-use

Judge Rules License Agreements Can't Restrict Product Reviews Judge Rules License Agreements Can't Restrict Product Reviews

Technology Contracting
January 30, 2003January 30, 20032015-07-08
A New York state judge recently ruled that Network Associates Inc. (NAI), a security software company in California, cannot use its end-user license agreements to restrict what its customers say about its products.
Deeth Williams Wall http://www.dww.com/articles/judge-rules-license-agreements-cant-restrict-product-reviews

British Man Imprisoned for Two Years for Creating Computer Virus British Man Imprisoned for Two Years for Creating Computer Virus

Information Technology
January 30, 2003January 30, 20032015-07-08
A twenty-two year old Welsh web designer has been sentenced to two years in prison for creating and distributing computer viruses. Simon Vallor was tracked down by Scotland Yard's computer crime unit and the FBI after he bragged about his viruses on an Internet message board.
Deeth Williams Wall http://www.dww.com/articles/british-man-imprisoned-for-two-years-for-creating-computer-virus

Paper Released by Canadian Government on Spam Paper Released by Canadian Government on Spam

Information Technology
January 30, 2003January 30, 20032015-07-08
A new discussion paper has recently been released by the Canadian government entitled: E-mail marketing: Consumer choices and business opportunities. The paper addresses the choices available to consumers, filtering technologies, current policies, network solutions, the application of existing laws, consumer awareness and the role of the government in dealing with spam.
Deeth Williams Wall http://www.dww.com/articles/paper-released-by-canadian-government-on-spam

Music Industry Wins Copyright Ruling — User's ID Revealed Music Industry Wins Copyright Ruling — User's ID Revealed

Copyright
January 30, 2003January 30, 20032015-09-23
The United States District Court for the District of Columbia has granted The Recording Industry Association of America's (the "RIAA") motion to enforce its subpoena served on Verizon Internet Services ("Verizon") under the Digital Millennium Copyright Act of 1998 ("DMCA").
Deeth Williams Wall http://www.dww.com/articles/music-industry-wins-copyright-ruling-%E2%80%94-users-id-revealed

USPTO Backtracks on Decision to Destroy Paper Records USPTO Backtracks on Decision to Destroy Paper Records

Patent
January 30, 2003January 30, 20032015-09-23
The United States Patent and Trademark Office ("USPTO") was planning to convert from a paper to an electronic public search system. However, this plan has now been put on hold. This decision by USPTO came about after a lawsuit was launched by the National Intellectual Property Researchers Association ("NIPRA") to stop the USPTO from its plan to begin dismantling its paper collection of patents and trademarks.
Deeth Williams Wall http://www.dww.com/articles/uspto-backtracks-on-decision-to-destroy-paper-records

B.C. Court Rules Election Act Prohibition on Early Internet Postings of Election Results Unconstitutional B.C. Court Rules Election Act Prohibition on Early Internet Postings of Election Results Unconstitutional

Litigation
January 30, 2003January 30, 20032015-09-23
Judge Kerry Smith of British Columbia's Provincial Court recently found unconstitutional those provisions of the Election Act, which prohibit the early posting of election results on the Internet by banning the "premature transmission" of electoral results.
Deeth Williams Wall http://www.dww.com/articles/bc-court-rules-election-act-prohibition-on-early-internet-postings-of-election-results

Recent Decisions by the Canadian Privacy Commissioner Recent Decisions by the Canadian Privacy Commissioner

Privacy
January 30, 2003January 30, 20032015-07-08
Recently, the Privacy Commissioner of Canada (the "Commissioner") released a series of findings based on individual complaints under the Personal Information Protection and Electronic Documents Act ("PIPEDA")
Deeth Williams Wall http://www.dww.com/articles/recent-decisions-by-canadian-privacy-commissioner

U.S. Supreme Court Releases Decision in Eldred Case U.S. Supreme Court Releases Decision in Eldred Case

Litigation
January 16, 2003January 16, 20032015-07-08
On January 15, 2003, the U.S. Supreme Court upheld the validity of the Copyright Term Extension Act ("CTEA") in the case of Eldred v. Ashcroft. The Supreme Court decided by a 7-2 majority that the law, which retroactively extends the duration of copyrights for 20 years, is within Congress' authority and does not transgress constitutional limitations. For the majority, Justice Ginsburg wrote, "The CTEA reflects judgments Congress typically makes, judgments we cannot dismiss as outside the Legislature's domain."
Deeth Williams Wall http://www.dww.com/articles/us-supreme-court-releases-decision-eldred-case

British Columbia Court Finds Disclaimer for Online Brokerage System Unenforceable British Columbia Court Finds Disclaimer for Online Brokerage System Unenforceable

Litigation
January 16, 2003January 16, 20032015-07-08
Recently, a British Columbia Provincial Court ruled against Merrill Lynch HSBC ("MLH") in a dispute involving the use of its online brokerage system called NetTrader. The Claimant, Wei Zhu, had sought to cancel a sale of shares, which had been transacted online and for which, Zhu claimed to have received confirmation of the cancellation. In fact, the cancellation of the sale had not been completed resulting in duplicate trades of the same shares. MLH argued that the confirmation received was subject to prior fills and as such, the cancellation had not in fact been confirmed.
Deeth Williams Wall http://www.dww.com/articles/british-columbia-court-finds-disclaimer-for-online-brokerage-system-unenforceable

U.S. Drug Enforcement Administration Shuts Down Internet Pharmacy U.S. Drug Enforcement Administration Shuts Down Internet Pharmacy

Food and Drug
January 16, 2003January 16, 20032015-07-08
Joint action between the Nevada State Board of Pharmacy ("Board") and the U.S. Drug Enforcement Administration ("DEA") has resulted in the suspension of the licence of Prescriptiononline.com Inc., which was an online pharmacy based in Las Vegas.
Deeth Williams Wall http://www.dww.com/articles/us-drug-enforcement-administration-shuts-down-internet-pharmacy

Arbiter Awards gouvernmentduquebec.com to Province of Quebec Arbiter Awards gouvernmentduquebec.com to Province of Quebec

Domain Names
January 16, 2003January 16, 20032015-07-08
A decision of the Administrative Panel at WIPO's Arbitration and Mediation Center ordered the transfer of the gouvernementduquebec.com domain name to the Government of the Province of Quebec.
Deeth Williams Wall http://www.dww.com/articles/arbiter-awards-gouvernmentduquebeccom-to-province-of-quebec

Cybersquatter Ordered to Pay Punitive Damages By Ontario Court Cybersquatter Ordered to Pay Punitive Damages By Ontario Court

Litigation
January 16, 2003January 16, 20032015-07-08
In the recent case of eGalaxy Multimedia Inc. v. Bailey, an Ontario Court judge ordered a defendant to pay $5,000 in punitive damages in a cybersquatting dispute involving domain names which included the term "NAKEDNEWS". The Court held that the defendant's conduct deserved public censure and that an award of punitive damages would serve to discourage others from engaging in similar acts.
Deeth Williams Wall http://www.dww.com/articles/cybersquatter-ordered-to-pay-punitive-damages-by-ontario-court

California Supreme Court to Decide Whether Domain Names Are Property California Supreme Court to Decide Whether Domain Names Are Property

Domain Names
January 16, 2003January 16, 20032015-07-08
The U.S. Court of Appeals (9thCir.) has issued an Order certifying questions to be considered by the California Supreme Court in the case of Kremen v. Cohen and Network Solutions. In particular, the Court of Appeals asked the question in its Order whether an Internet domain name lies within the scope of property subject to the law of conversion.
Deeth Williams Wall http://www.dww.com/articles/california-supreme-court-to-decide-whether-domain-names-are-property

U.S. Supreme Court Withdraws Stay in DVD Copying Case U.S. Supreme Court Withdraws Stay in DVD Copying Case

Litigation
January 16, 2003January 16, 20032015-07-08
The last issue of e-Tips reported on a stay ordered by U.S. Supreme Court Justice Sandra Day O'Connor on the rulings of the California Supreme Court in a trade secrets' case involving the DVD Copy Control Association (a group representing DVD makers for licensing anti-copying technology to the motion picture industry) and the defendant Matthew Pavlovich. The California Court had ruled that Pavlovich could not be sued in California because he does not live in California and his Web site, at which decoding programs were posted, was not based there.
Deeth Williams Wall http://www.dww.com/articles/us-supreme-court-withdraws-stay-dvd-copying-case

e-Bay Arbitration Clause Not Applicable in Private Disputes e-Bay Arbitration Clause Not Applicable in Private Disputes

Alternative Dispute Resolution
January 16, 2003January 16, 20032015-07-08
The Court of Appeals of Tennessee, in Danevans v. Phillip Matlock, et al., has ruled that the arbitration clause in e-Bay's User Agreement cannot be employed in disputes between users. In particular, in this case, the plaintiff alleged that he had purchased an antique Dr. Pepper dispenser after his bid was accepted on e-Bay's Internet auction site. He continued to assert that the defendant proceeded to sell the dispenser to another party. An action was commenced and the plaintiff alleged damages for breach of contract, violation of the Consumer Protection Act and inducement to breach of a contract.
Deeth Williams Wall http://www.dww.com/articles/ebay-arbitration-clause-not-applicable-private-disputes

Proposed Consumer Protection Legislation in B.C. to Include Internet Sales Contract Provision Proposed Consumer Protection Legislation in B.C. to Include Internet Sales Contract Provision

Technology Contracting
January 16, 2003January 16, 20032015-07-08
The province of British Columbia is proposing new consumer protection legislation in an attempt to combine and replace seven separate statutes that contain consumer protection laws. The proposed legislation will remove duplications and inconsistencies, simplify consumer protection, create enforcement terms that are similar for breaches that occur across industries, and deal with new areas of consumer protection.
Deeth Williams Wall http://www.dww.com/articles/proposed-consumer-protection-legislation-bc-to-include-internet-sales-contract-provision