Outsourcing of Medical Data Permitted Where Corporation Provides Reasonable Security Outsourcing of Medical Data Permitted Where Corporation Provides Reasonable Security

Outsourcing
April 13, 2005April 13, 20052015-07-08
A BC court has found that the provincial government's outsourcing of personal information to a US-linked company is not an unreasonable infringement of privacy rights.
Deeth Williams Wall https://www.dww.com/articles/outsourcing-of-medical-data-permitted-where-corporation-provides-reasonable-security

Canadian VoIP Provider Announces Service in Uncertain Regulatory Climate Canadian VoIP Provider Announces Service in Uncertain Regulatory Climate

Regulatory Law
April 13, 2005April 13, 20052015-07-08
On Friday, March 30, 2005, without filing for regulatory approval and in the face of Canadian Radio-television and Telecommunications Commission (CRTC) Public Notice 2004-2, Bell Canada expanded its VoIP technical trial service from Sherbrooke to a full offering including Sherbrooke, Quebec City and Trois-Rivières. There is some doubt whether Bell Canada is required to seek approval for VoIP services within Ontario and Quebec, but it has elected to move forward in the face of VoIP competition from Vidéotron in Quebec and Rogers in Ontario. Being the local telephone service provider incumbent, Bell Canada is required by the CRTC to file a tariff for changes to its local telephone services in Ontario and Quebec.
Deeth Williams Wall https://www.dww.com/articles/canadian-voip-provider-announces-service-uncertain-regulatory-climate

CRTC Issues VoIP Emergency Service (911) Decision CRTC Issues VoIP Emergency Service (911) Decision

Telecommunications
April 13, 2005April 13, 20052015-07-08
On April 4, 2005, as part of its promised regulatory framework under Public Notice 2004-2, the Canadian Radio-television Telecommunications Commission (CRTC) issued Decision 2005-21 on emergency service response. (The Public Notice also indicated that the CRTC will issue decisions on the tariffs and the contribution regime applicable to VoIP and those decisions are expected later this year.)
Deeth Williams Wall https://www.dww.com/articles/crtc-issues-voip-emergency-service-911-decision

MOPOP Amendments Address Patentable Subject-Matter MOPOP Amendments Address Patentable Subject-Matter

Patents
April 13, 2005April 13, 20052015-07-08
Chapters 12 (Utility and Subject-Matter) and 16 (Computer Implemented Inventions) of the Canadian Manual of Patent Office Practice (MOPOP) have recently been amended. Published in February 2005, the amendments are part of a process for updating the Canadian Intellectual Property Office's patent examination manual. Although lacking the legal authority of statute or case law, MOPOP is more than a guide for Office procedures; it serves as a de facto statement of the Canadian Intellectual Property Office's policy views.
Deeth Williams Wall https://www.dww.com/articles/mopop-amendments-address-patentable-subjectmatter

PlayStation Injunction and Games Ahead PlayStation Injunction and Games Ahead

Information Technology
April 13, 2005April 13, 20052015-07-08
The United States District Court for Northern California has ordered Sony Computer Entertainment (Sony) to stop selling its PlayStation and PlayStation 2 game consoles in the United States and to pay nearly US $90.1 million to Immersion Corporation (Immersion) for patent infringement.
Deeth Williams Wall https://www.dww.com/articles/playstation-injunction-and-games-ahead

German Court Holds that Meta—Search Engines Responsible for Content German Court Holds that Meta—Search Engines Responsible for Content

Litigation
April 13, 2005April 13, 20052015-07-08
The meta-search engine "Sharelook" is liable for defamatory content, a Berlin court has ruled. The suit involved a popular local television host, Babette Einstmann, whose name appeared connected to an online adult site when the search term "naked" was entered.
Deeth Williams Wall https://www.dww.com/articles/german-court-holds-meta%E2%80%94search-engines-responsible-for-content

State Appellate Court Imposes Tax on Out-of-State Telecommuter State Appellate Court Imposes Tax on Out-of-State Telecommuter

Litigation
April 13, 2005April 13, 20052015-07-08
In a case which may have wide implications for US telecommuters, the New York Court of Appeals, in a 4-3 split decision, has ordered an out-of-State man to pay tax to New York on 100% of his income, although he spent no more than 25% of his working time in New York State.
Deeth Williams Wall https://www.dww.com/articles/state-appellate-court-imposes-tax-on-outofstate-telecommuter

ID Theft Insurance Now Available ID Theft Insurance Now Available

Privacy
April 13, 2005April 13, 20052015-07-08
One of the largest insurance companies in the US, MetLife Inc, has a new program for its nearly one million homeowner and renter insurance policyholders – free assistance to resolve identity theft cases. The program, which will be outsourced to a company that specializes in ID theft resolution services, will include preparing affidavits, notifying the police and contacting credit bureaus on behalf of the victimized policyholder.
Deeth Williams Wall https://www.dww.com/articles/id-theft-insurance-now-available

Canada to Implement Internet Treaties with Copyright Act Amendments Canada to Implement Internet Treaties with Copyright Act Amendments

Copyright
March 30, 2005March 30, 20052015-07-08
Last week Canada moved one step closer to dealing with some of the thornier intellectual property issues of the digital era. The proposed amendments to Canada's Copyright Act chart a "made-in-Canada" course to implementing the WIPO 'Internet Treaties', which Canada signed in 1996, turning away from the US and Australian approaches in a number of key areas.
Deeth Williams Wall https://www.dww.com/articles/canada-to-implement-internet-treaties-copyright-act-amendments

Discussion Paper Invites Comments on Prices of Patented Medicines in Canada Discussion Paper Invites Comments on Prices of Patented Medicines in Canada

Patents
March 30, 2005March 30, 20052015-07-08
In a Discussion Paper released on March 8, 2005, Canada's Patented Medicines Prices Review Board (PMPRB) has raised the question of whether Canada is on the verge of a experiencing a major shift in the pricing of patented medicines.
Deeth Williams Wall https://www.dww.com/articles/discussion-paper-invites-comments-on-prices-of-patented-medicines-canada

Third Party Use of Trade-mark Permitted by ECJ if the Use Necessary and Honest Third Party Use of Trade-mark Permitted by ECJ if the Use Necessary and Honest

Trademarks
March 30, 2005March 30, 20052015-07-08
The European Court of Justice (ECJ) recently held that The Gillette Company (Gillette) could not prevent a competing manufacturer of razor blades from holding out to consumers that its blades were compatible with a particular brand of razor manufactured by Gillette.
Deeth Williams Wall https://www.dww.com/articles/third-party-use-of-trademark-permitted-by-ecj-if-use-necessary-and-honest

Free Licences Make Sharing Intellectual Works Easier Free Licences Make Sharing Intellectual Works Easier

Intellectual Property
March 30, 2005March 30, 20052015-09-23
Creative Commons is a US-based non-profit organization that promotes the sharing of intellectual works. To support this goal, Creative Commons makes available to creators free pre-made forms of licence. Using these licences, a creator can make works available to the public without charge, but can limit the ways in which the work can be used under the licence.
Deeth Williams Wall https://www.dww.com/articles/free-licences-make-sharing-intellectual-works-easier

German Court Rules that Online "Fine Print" Conditions are Unacceptable German Court Rules that Online "Fine Print" Conditions are Unacceptable

Litigation
March 30, 2005March 30, 20052015-09-23
Recently, the Hamburg High Regional Court held that an online offer for sale which did not clearly disclose added delivery costs breached German consumer protection laws.
Deeth Williams Wall https://www.dww.com/articles/german-court-rules-online-fine-print-conditions-are-unacceptable

Quebec Court Finds Official Languages Act Applies to a Web Site Quebec Court Finds Official Languages Act Applies to a Web Site

Litigation
March 30, 2005March 30, 20052015-09-23
In December 2004, a lower court in Quebec convicted a Quebec-based corporation, Produits Métalliques CMP Ltée (CMP), of a breach of the province's Official Languages Act (Languages Act) in allowing information to be published on its web site solely in English. A fine of $500 was imposed.
Deeth Williams Wall https://www.dww.com/articles/quebec-court-finds-official-languages-act-applies-to-a-web-site

Canada Sets Out to Revamp Telecom Framework Canada Sets Out to Revamp Telecom Framework

Telecommunications
March 9, 2005March 9, 20052015-07-08
In a recent article in The Globe and Mail, the newspaper speculated about the implications of a major federal legislative review of telecommunications regulation. In the 2005 Federal Budget Plan, which was released last week, several initiatives were announced that will change how Canadians interact with the industry.
Deeth Williams Wall https://www.dww.com/articles/canada-sets-out-to-revamp-telecom-framework

UK Government Provides Free Virus Alerts UK Government Provides Free Virus Alerts

Cybersecurity
March 9, 2005March 9, 20052015-07-08
Most computer users receive their news about newly released viruses from virus protection companies or through e-mails forwarded by well meaning friends. In some cases, the information is provided by mainstream media outlets. Now, in an effort to reach more people with the warnings, governments are stepping into the picture.
Deeth Williams Wall https://www.dww.com/articles/uk-government-provides-free-virus-alerts

Privacy Breaches Make US Headlines Privacy Breaches Make US Headlines

Privacy
March 9, 2005March 9, 20052015-07-08
One of Canada's largest banks, CIBC, has been sued over the disclosure of customers' sensitive personal information to a third party in the US. The suit seeks damages of $9 million and claims breach of contract, breach of duty of care and a breach of the Personal Information Protection and Electronic Documents Act.
Deeth Williams Wall https://www.dww.com/articles/privacy-breaches-make-us-headlines

Filtering Spam: Can the Bathwater be Thrown Out Without the Baby? Filtering Spam: Can the Bathwater be Thrown Out Without the Baby?

Information Technology
March 9, 2005March 9, 20052015-07-08
The proliferation of spam appears to be prompting more aggressive action by ISPs, but questions are being asked whether the countermeasures have overshot the mark.
Deeth Williams Wall https://www.dww.com/articles/filtering-spam-can-bathwater-be-thrown-out-without-baby

Canadian Competition Bureau Participates in Internet Sweep for Scammers and Spammers Canadian Competition Bureau Participates in Internet Sweep for Scammers and Spammers

Information Technology
March 9, 2005March 9, 20052015-07-08
The Canadian Competition Bureau (Bureau) recently joined 76 governmental agencies worldwide, including its partners in the International Consumer Protection and Enforcement Network (ICPEN), in a two-day surveillance and enforcement program targeting scams communicated by spam over the Internet.
Deeth Williams Wall https://www.dww.com/articles/canadian-competition-bureau-participates-internet-sweep-for-scammers-and-spammers

New US Copyright Legislation: Congress and the Silver Screen New US Copyright Legislation: Congress and the Silver Screen

Copyright
March 9, 2005March 9, 20052015-07-08
The Family Entertainment and Copyright Act of 2005 was passed swiftly with unanimous consent by the US Senate on February 1, 2005 following introduction of the bill on January 25, 2005.
Deeth Williams Wall https://www.dww.com/articles/new-us-copyright-legislation-congress-and-silver-screen

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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