Writings of Writer Lucy Maud Montgomery Fall into the Public Domain Writings of Writer Lucy Maud Montgomery Fall into the Public Domain

Domain Names
March 17, 2004March 17, 20042015-07-08
As previously reported in E-TIPSâ„¢, (Vol 2, No 2, July 3, 2003 and Vol 2, No 9, October 9, 2003), attempts were made through Bill C-36 to amend the Canadian Copyright Act to extend the term of copyright to December 31, 2017 over unpublished works of authors who died between 1930 and 1948. The heirs of Lucy Maud Montgomery, author of the Anne of Green Gables stories, were particularly interested in protecting the 10 volumes of diaries written by Ms. Montgomery, which remained unpublished until after she died in 1942.
Deeth Williams Wall https://www.dww.com/articles/writings-of-writer-lucy-maud-montgomery-fall-into-public-domain

Is Internet Chat Protected by US State Wiretapping Laws? Is Internet Chat Protected by US State Wiretapping Laws?

Information Technology
March 17, 2004March 17, 20042015-07-08
Depending on the outcome of two pending cases in New Hampshire and Illinois, US state law enforcement agencies may have to revise their methods when investigating and collecting information on individuals from Internet chat rooms. Under state wiretapping laws, evidence acquired through software that "recorded" the Internet chat room conversations may be inadmissible in criminal proceedings.
Deeth Williams Wall https://www.dww.com/articles/internet-chat-protected-by-us-state-wiretapping-laws

RFID Now in the Legislative Spotlight RFID Now in the Legislative Spotlight

Regulatory Law
March 17, 2004March 17, 20042015-07-08
Radio frequency identification (RFID) technology has been often in the news lately, including a recent move in California to regulate its use. RFID technology uses radio waves to communicate a signal over a short distance between an RFID tag and a reader. Each tag is able to communicate a unique identifier, just as does a bar code. Because the tags and readers are small and inexpensive, a network of tags and readers can be easily and unobtrusively implemented in a location such as a retail store or a warehouse. The tag's signal is picked up by only one reader at a time. When a reader receives a signal from the tag, the reader's location can be correlated with the tag identifier to get a reasonably accurate location of the tag.
Deeth Williams Wall https://www.dww.com/articles/rfid-now-legislative-spotlight

CIRA Domain Name Dispute Panel Appears to Fail to Follow its Own Rules CIRA Domain Name Dispute Panel Appears to Fail to Follow its Own Rules

Domain Names
March 17, 2004March 17, 20042015-07-08
In a recent arbitration award involving the transference of domain names, a Domain Name Dispute Resolution Panel (Panel) established by the Canadian Internet Registration Authority (CIRA) refused to rule on the issue of bad faith, in apparent contravention of its Domain Name Dispute Resolution Policy (CDRP). Diners Club International Ltd (DCI) brought a complaint against Planet Explorer Inc. (PEI), which had registered the domain names and . PEI registered the domain names for the purpose of warning potential customers about DCI's business practices and to gather support for a class action lawsuit against DCI.
Deeth Williams Wall https://www.dww.com/articles/cira-domain-name-dispute-panel-appears-to-fail-to-follow-its-own-rules

California Appellate Court Rules DeCSS Ban Unlawful California Appellate Court Rules DeCSS Ban Unlawful

Litigation
March 17, 2004March 17, 20042015-07-08
On February 27, 2004, in the case of DVD Copy Control Association Inc v Bunner, the California Court of Appeal dissolved a preliminary injunction first granted four years earlier under the state's Uniform Trade Secrets Act (UTSA) prohibiting the defendant, Andrew Bunner, from using or publishing the DeCSS code on a web site or in any other medium. The DeCSS code is software that decrypts the content scrambling system (CSS) code found on DVD movies and allows users to copy the contents of the DVD to a computer in an unencrypted format for later viewing.
Deeth Williams Wall https://www.dww.com/articles/california-appellate-court-rules-decss-ban-unlawful

Canada and the WTO Patented Drugs Policy for Developing Countries Canada and the WTO Patented Drugs Policy for Developing Countries

Patents
March 17, 2004March 17, 20042015-07-08
For many developing countries, the cost of prescription drugs required to fight widespread diseases such as AIDS, tuberculosis and malaria is prohibitive and keeps the drugs out of the hands of many who need them.
Deeth Williams Wall https://www.dww.com/articles/canada-and-wto-patented-drugs-policy-for-developing-countries

Competition Bureau Closes Inquiry into "Evergreening", but Recommends Further Action Competition Bureau Closes Inquiry into "Evergreening", but Recommends Further Action

Information Technology
March 17, 2004March 17, 20042015-07-08
On February 27, 2004, Canada's Competition Bureau announced that it had closed its inquiry into the alleged misuse of Canada's drug patent laws by brand-name drug companies engaged in the practice of "evergreening." Under Canada's Patented Medicines (Notice of Compliance) Regulations (NOC Regulations), a generic drug company seeking marketing approval to sell its own version of a brand-name drug must address each patent listed on Canada's Patent Register for that drug and explain why there is no infringement of the listed patents.
Deeth Williams Wall https://www.dww.com/articles/competition-bureau-closes-inquiry-into-evergreening-but-recommends-further-action

CRIA Launches Canadian Litigation to Force ISPs to Disclose Identities of Uploaders CRIA Launches Canadian Litigation to Force ISPs to Disclose Identities of Uploaders

Litigation
March 3, 2004March 3, 20042015-07-08
Consistent with the example set by its US counterpart, the Canadian Recording Industry Association (CRIA) has applied for an order requiring five major Internet Service Providers (ISPs) to divulge subscriber information for 29 suspected music "uploaders". The motion, brought in the Federal Court of Canada, Trial Division, has been adjourned until March 12, 2004 to allow the defendants to review the scope of the order applied for as well as their ability to comply with the order. In the meantime, Justice von Finckenstein has ordered the ISPs to preserve all customer data related to the request.
Deeth Williams Wall https://www.dww.com/articles/cria-launches-canadian-litigation-to-force-isps-to-disclose-identities-of-uploaders

Japan Overtakes Germany in International Patent Filings Japan Overtakes Germany in International Patent Filings

Patents
March 3, 2004March 3, 20042015-07-08
A recent press release by the World Intellectual Property Organization (WIPO) regarding filings under the Patent Cooperation Treaty (PCT) has revealed some interesting trends. In 2003, for the first time in 13 years the number of patent applications filed by users from Japan (15.2% of all filings, and the second highest, after the US) exceeded those from third-place Germany (12.7%).
Deeth Williams Wall https://www.dww.com/articles/japan-overtakes-germany-international-patent-filings

The Internet Continues to be a Key Factor in the North American Prescription Drugs Market The Internet Continues to be a Key Factor in the North American Prescription Drugs Market

Food and Drug
March 3, 2004March 3, 20042015-07-08
In a spate of moves on the part of governments, consumers and regulatory agencies, a cross-border drama continues in the pharmaceutical sector driven primarily by the influence of the Internet on the industry's distribution system. (See an earlier news item in E-TIPSâ„¢, Vol 2, No 15, January 8, 2004).
Deeth Williams Wall https://www.dww.com/articles/internet-continues-to-be-a-key-factor-north-american-prescription-drugs-market

Federal Court Affirms Broad Protection for Strong Marks Such as 007 Federal Court Affirms Broad Protection for Strong Marks Such as 007

Litigation
March 3, 2004March 3, 20042015-07-08
A recent case in the Canadian Federal Court Trial Division pitted a trade-mark applicant in the restaurant business, Spiridon Zervas & Dimitr Zervas in Partnership trading as 007 (Zervas), against Danjaq Inc (Danjaq), the owner of a strong trade-mark in the entertainment business associated with the Ian Fleming novels and the movies character James Bond.
Deeth Williams Wall https://www.dww.com/articles/federal-court-affirms-broad-protection-for-strong-marks-such-as-007

Florida Court Refuses to Enforce AOL Forum Selection Clause Florida Court Refuses to Enforce AOL Forum Selection Clause

Litigation
March 3, 2004March 3, 20042015-09-23
A Florida District Court of Appeal has upheld the decision of a trial court in denying a motion by America Online, Inc (AOL) for dismissal of a class action for improper venue. In so doing, the Court refused to enforce the forum selection clause in the company's standard form subscriber agreement (Member Agreement).
Deeth Williams Wall https://www.dww.com/articles/florida-court-refuses-to-enforce-aol-forum-selection-clause

Microsoft Sues Lindows in Canada Microsoft Sues Lindows in Canada

Trademark and Copyright Litigation
March 3, 2004March 3, 20042015-09-23
Microsoft Corporation (Microsoft) has expanded its legal battle against Lindows.com Inc (Lindows), suing the software maker for trade-mark infringement in Canada. Lindows, a California-based software company, and its Canadian distributor, South West Shore Development Authority (based in Yarmouth, Nova Scotia), are named as defendants in an action launched in the Federal Court, Trial Division. In addition to other relief, Microsoft is seeking an injunction barring the defendants from doing business under the "Lindows" trade name.
Deeth Williams Wall https://www.dww.com/articles/microsoft-sues-lindows-canada

US Court Rules 321 Studios' DVD Duplication Software Contravenes DMCA US Court Rules 321 Studios' DVD Duplication Software Contravenes DMCA

Copyright
March 3, 2004March 3, 20042015-09-23
On the application of a coalition of Hollywood movie studios, the District Court for the Northern District of California has issued an injunction prohibiting 321 Studios (321) from selling versions of its DVD duplication software. The Court found that 321's "DVD Copy Plus" and "DVD X Copy" violated §1201(a)(2) and §1202(b)(1) of the Digital Millennium Copyright Act (DMCA), given that each of the above programs was primarily designed, produced, and marketed to the public to circumvent embedded DVD copy protection. Both programs came equipped with an unlicensed de-scrambling component to allow users to decrypt the CSS (Contents Scrambling System) encoding and make a copy of the decrypted DVD. In making its findings, the Court ruled that the DMCA does not infringe fair use or constitutional rights of users and does not otherwise exceed the scope of Congressional powers.
Deeth Williams Wall https://www.dww.com/articles/us-court-rules-321-studios-dvd-duplication-software-contravenes-dmca

Markman-Style Claim Hearings not About to Invade Canada Markman-Style Claim Hearings not About to Invade Canada

Patent Litigation
February 19, 2004February 19, 20042015-07-08
On January 9, 2004, the Canadian Federal Court of Appeal allowed an appeal by the Plaintiffs, Realsearch Inc and Dingwall's Machinery & Supply Ltd, from a motion in the Trial Division pursuant to Rule 107 of the Federal Court Rules by the Defendants, Valon Kone Brunette Ltd and BRD Machinery Ltd. The decision on the motion see E-TIPSâ„¢ (Vol 2, No 2, July 3, 2003) had permitted a separation of the issues of patent construction from a trial on the merits of the alleged infringement. In the United States, the claims of a patent are routinely interpreted before trial in claim interpretation hearings, following the US Supreme Court decision in Markman v Westview Instruments.
Deeth Williams Wall https://www.dww.com/articles/markmanstyle-claim-hearings-not-about-to-invade-canada

Alberta Court Awards Damages for Defamatory Statements in Internet Libel Case Alberta Court Awards Damages for Defamatory Statements in Internet Libel Case

Litigation
February 19, 2004February 19, 20042015-07-08
In Vaquero Energy v Weir, the Alberta Court of Queen's Bench awarded the Plaintiffs general and punitive damages of $75,000 for defamatory statements posted by the Defendant on the Internet.
Deeth Williams Wall https://www.dww.com/articles/alberta-court-awards-damages-for-defamatory-statements-internet-libel-case

Renewed Interest in Canada for Anti-Spam Legislation? Renewed Interest in Canada for Anti-Spam Legislation?

Information Technology
February 19, 2004February 19, 20042015-07-08
On February 3, 2004, Senator Donald Oliver reintroduced his anti-spam legislation, Bill S-2. The Bill was originally introduced on September 17, 2003, but died when Parliament was prorogued in November. As noted in an earlier issue of E-Tipsâ„¢ (Vol 2, No 8, September 25, 2003), the Bill, entitled An Act to prevent unsolicited messages on the Internet, aims to establish and maintain a no-spam list, adopt more severe offences for spam involving pornography, fraud, or where children are targeted; erect a regulatory council (where ISP participation would be compulsory); and require the federal Minister of Industry to consult with provincial and international governments on methods to control and reduce spam. Although anti-spam advocates will view Bill S-2 as a positive sign, private members' Bills often fail to become law unless they attract Government support.
Deeth Williams Wall https://www.dww.com/articles/renewed-interest-canada-for-antispam-legislation

California Court Holds That an Internet Bulletin Board is a "Public Forum" California Court Holds That an Internet Bulletin Board is a "Public Forum"

Litigation
February 19, 2004February 19, 20042015-07-08
In National Technical Systems v Schoneman, the California Court of Appeal has ruled that a "public forum" encompasses an Internet bulletin board. The Court made the finding in the context of an appeal from a trial decision concerning the posting of allegedly defamatory statements about a corporation and its President on an Internet bulletin board.
Deeth Williams Wall https://www.dww.com/articles/california-court-holds-an-internet-bulletin-board-a-public-forum

An Overlooked Feature of Search Engines: "Google Hacking" An Overlooked Feature of Search Engines: "Google Hacking"

Information Technology
February 19, 2004February 19, 20042015-07-08
A recent article by Yuki Noguchi in the Washington Post ("Online Search Engines Help Lift Cover of Secrecy") serves to remind computer users that Internet search engines are able to find information considered by their creators and users to be confidential.
Deeth Williams Wall https://www.dww.com/articles/an-overlooked-feature-of-search-engines-google-hacking

Canadian Copyright Board Refuses to Enforce Private Copying Tariff Canadian Copyright Board Refuses to Enforce Private Copying Tariff

Copyright
February 19, 2004February 19, 20042015-07-08
In May 2003, the Canadian Private Copying Collective (CPCC) applied to the Copyright Board of Canada for an order in aid of the enforcement of the Private Copying Tariff and the interim tariff of levies collected by the CPCC for the sale of blank audio recording media in Canada. Specifically, the CPCC asked for an order against certain importers believed not to be in compliance with the Private Copying Tariff.
Deeth Williams Wall https://www.dww.com/articles/canadian-copyright-board-refuses-to-enforce-private-copying-tariff

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