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Archive for ‘Substantive Law: Foreign Law’

Does Copyright Apply to Chicken Sandwiches or Cheerleading Uniforms?

Lately the news has been too full of weighty stuff like elections, the Ashley Madison hack, stock markets, and the Chinese economy.

So today’s post is a bit lighter.

Courts in the United States have recently decided whether copyright applies to chicken sandwiches and to cheerleading uniforms. They decided that it applies to one – but not to the other.

If you guessed it doesn’t apply to the chicken sandwich, you got it right. In the US Court of Appeals the parties were fighting over rights to a sandwich consisting of a fried chicken breast topped with lettuce, tomato, cheese . . . [more]

Posted in: Substantive Law: Foreign Law

On the Eve of the Referendum – a New Dispatch From Our Greek Correspondent

It’s early Sunday morning in Greece, but Peter Carayiannis of ConduitLaw in Toronto is up late writing a dispatch from the front lines

Postcard from Greece – A Nation Holds Its Breath

As I write this, it is late Saturday night. Tomorrow is the day of Greece’s referendum. After a tumultuous week that started last Sunday when PM Tsipras & Co. abruptly ended negotiations with European counterparts we are now on the eve of the most important vote in modern times for Greece.

Ultimately, this is a referendum not just on the ongoing chronic economic catastrophe that has been the . . . [more]

Posted in: Miscellaneous, Substantive Law: Foreign Law

From Our Own Correspondent – a Canadian Lawyer in Greece

An unusual post today. Peter Carayiannis, whose Toronto firm Mitch Kowalski and Doug Jasinski have blogged about, is currently in Northern Greece, where he is a first hand observer at a momentous stage in modern Greek history.

He has been sending selected friends his notes on what he is seeing – and how it feels to be on Greek streets, as the population faces Sunday’s referendum on whether to accept the conditions of further economic aid, or go it alone, and exit the Euro.

Here is what he’s been seeing:

Greece – With Its Toes Over a Cliff . . . [more]

Posted in: Miscellaneous, Substantive Law: Foreign Law

Uber Drivers Found to Be Employees in California: Canadian Provinces to Follow?

A recent decision from the California Labour Commission (the Commission) has held that drivers from the popular Uber service are employees and not independent contractors. This decision has sparked public interest as its implications could bring trouble for the successful mobile-based start-up.

In coming down on the side of the drivers, the Commission concluded that the employer was involved in “every aspect of the operation” of the ride hauling service. Uber, however, has appealed the decision emphasizing the significant degree of driver autonomy as the basis for their operations and stating that “the number one reason drivers choose to use . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

UK – “Serious Crimes” to Cybersecurity

The United Kingdom has recently passed the Serious Crimes Act, 2015.

Part 2 of the Act makes several amendments to the Computer Misuse Act 1990 (“CMA”), including:


– a new offence of unauthorised acts in relation to a computer that result either directly, or indirectly, in serious damage in any country to the economy, environment, national security or human welfare, or create a significant risk of such things. The offence will carry a maximum sentence of life imprisonment for some categories of cyberattack. A person is guilty of the offence if they, at the time of commission, are aware . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Legislation, Technology, ulc_ecomm_list

English Court of Appeal Expands Privacy Rights

The Court of Appeal in England has upheld a 2014 decision against Google about its scraping of information from users of the Safari browser. It classified a privacy action as a tort that will support a class action (called a ‘group action’ there) and also service out of the jurisdiction. The Court allowed the action to proceed without proof of pecuniary damages. It also held that ‘browser generated information’ (BGI) was personally identifiable information to which the Data Protection Act applied, though it did not contain the name of the person using the browser.

Google v Vidal-Hall : [2015] EWCA . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, ulc_ecomm_list

National Security Still Doesn’t Trump Personal Privacy

How far does the legitimate scope of governmental power reach, in a time of technology and enhanced concerns of personal privacy?

Following the attacks on Canadian Parliament on October 22, 2014, the proper balance between national security concerns and personal privacy and liberties is of foremost concern for many citizens. The Federal government has responded, in part, by the introduction of Bill C-51, which has itself spurned considerable controversy.

National security and law enforcement concerns are not exclusive to our jurisdiction. At the Fourth Annual UCLA Cyber Crimes Moot this weekend, competitors from across the country considered the constitutional implications . . . [more]

Posted in: Justice Issues, Substantive Law: Foreign Law

Of Digital Legacies and Changes to Facebook’s Memorial Pages

I must preemptively refer you to John Gregory’s post from last year when it comes to canvassing the laws, and lack thereof, around how third party services (like Google, Facebook, PayPal, etc.) are obliged to act upon the death of an account holder. The whole legal terrain is fascinating, and consists of a stewing heap of conflicting rationales, policies, privacy legislation and common laws around the rights of heirs, deceased people, states and private corporations. It’s all heading in a better direction, probably, with the advent of uniform legislation like FADA, but for some time it has been quite . . . [more]

Posted in: Announcements, Substantive Law: Foreign Law, Technology: Internet

UN Launches Database of Cases by Expert Committees on Human Rights

The UN Human Rights Office has launched a major public online database that contains all the case law issued by the UN human rights expert committees known as the Treaty Bodies.

The Treaty Bodies are committees of independent experts that monitor implementation of the core international human rights treaties. There are 10 of them including the Committee against Torture, the Committee on the Elimination of Discrimination against Women, the Committee on Enforced Disappearances and the Committee on the Rights of the Child.

The database was developed using data from the Netherlands Institute of Human Rights (SIM) at the Utrecht . . . [more]

Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law

The New “Persons” – the Apes

In Edwards v. Canada (Attorney General), the Privy Council considered whether “persons” under s. 24 of the Constitution Act included women,

24. The Governor General shall from Time to Time, in the Queen’s Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Senate; and, subject to the Provisions of this Act, every Person so summoned shall become and be a Member of the Senate and a Senator.

Lord Chancellor Viscount Sankey of the Privy Council stated,

…their Lordships have come to the conclusion that the word “persons” in sec. 24 includes

. . . [more]
Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Surge of Requests to Be “Forgotten” Online

Following the European Court of Justice decision earlier this year in Google Spain v AEPD and Mario Costeja González, Google has had a flood of requests to have webpages deleted from their index. More than a third of these requests, or over 60,000 links, come from the U.K.

Google released data today demonstrating where the requests originate from:

To date, Google has evaluated nearly 500,000 links for removal. More than half of all urls reviewed by Google are removed, meaning that there are still many others that they do not.

This data also reveals that the vast majority of . . . [more]

Posted in: Practice of Law: Future of Practice, Substantive Law: Foreign Law

Journalistic Independence on ISIS and the Effects on Foreign Policy

The Prime Minister decided this week to send Canadian aircraft to Iraq and possibly to Syria to strike ISIS targets in these countries. The attacks will be exclusively by air and will not involve land troops. The motion is expected to be debated in Parliament tomorrow.

The threats posed by ISIS is certainly unique, and is not easily solved. Nobody suggests that these airstrikes alone will eliminate the problem. Opposition groups have already rejected the plan, indicating that the case for such involvement has not been properly presented. The self-defence basis and humanitarian grounds for doing so have already been . . . [more]

Posted in: Substantive Law: Foreign Law