According to Michael Geist today on his blog, the Ontario Public School Board Association is advising school boards in Ontario to prepare to stop using Access Copyright for copyright licensing next year. They are following a legal opinion obtained by the Counsel of Ministers of Education, Copyright, that advises any material copied in Canadian K-12 schools either already has the correct permissions or would fall under fair dealing.

This follows from five Supreme Court of Canada decisions on copyright that came down this summer which gave guidance on determining fair dealing (see Martin Kratz’ coverage in his Ensuring the Balance . . . [more]

Juice Rap News delivers detailed, imaginative commentary on the issue of warrantless internet surveillance in rap. It is quite hilarious, trenchant, and intelligible (and it features George Orwell). It comes from Australia.

The single solution The Juice offers (use Tor), may be augmented by the recently assembled free online text CryptoParty Handbook. According to BoingBoing, a Crypto Party is like a tupperware party, but “for people who want to teach their neighbors how to use cryptography to protect themselves from snoopers, especially broad government surveillance.”

However, the project is open source, and considering its subject, is . . . [more]

The 2012 Law Via the Internet conference took place Oct 7-9, 2012 at the Cornell University Law School in Ithaca, New York.

The conference brings together people from the Legal Information Institutes (LIIs) from different countries and continents that together form the Free Access to Law Movement.

Many of the presentations are already online.

Three Australian scholars who took part in the conference, Andrew Mowbray, Philip Chung, and Graham Greenleaf, published an interesting overview of the Free Access to Law concept. Their paper, The Meaning of ‘Free Access to Legal Information’: A Twenty Year Evolution, is available on . . . [more]

Virtual delight echoed in tweets, posts, and emails in my corner of the web late Wednesday, upon the release of Judge Baer’s opinion in Authors Guild, Inc. v. HathiTrust 11 CV 6351 (S.D.N.Y.). Very shortly after its release, Prof. James Grimmelmann posted the opinion on Scribd.

Briefly, for those unfamiliar, the plaintiffs and defendants had each sought summary judgment in respect of the plaintiffs’ copyright infringement claim. HathiTrust and related university defendants saw near-entire success in their summary judgment motions, failing only on a standing question not consequential to the result. The outcome: Fair use protects the defendants’ participation . . . [more]

Yesterday at the Law via the Internet conference, Clay Shirky, author of “Here Comes Everybody” and “Cognitive Surplus” described how people were using RapGenius.com to do more than explain rap lyrics…they were using it to explain law.

Here’s an example: 

Will “the crowd” develop an interest in annotating the law?

There is a pretty exciting project underway in Quebec that has built a platform for just that purpose.

In the meantime, go here to read more about Clay Shirky’s presentation and to watch the video.

Finally, if you want to try your hand at annotating Canadian law, we’ve . . . [more]

The U.S.-based blog Free Government Information was launched a few years ago by a group of academic librarians who wanted to raise public awareness of the importance of better access to all forms of government information.

They occasionally have guest bloggers and this month’s guest will be a real treat for history buffs, archive geeks, hard core freedom of information fans and investigative reporter types: Malcolm Byrne from the National Security Archive, a non-governmental organization based at George Washington University that specializes in declassified documents.

His first post is about the Archive’s work on the 1962 Cuban Missile Crisis . . . [more]

Important Message from the Senate and the House of Commons of Canada
Published on: Fri, 09/28/2012
Last Modified: Fri, 09/28/2012 – 2:25pm

The Senate of Canada and the House of Commons have informed us that as of September 17, 2012, their publications will be available in electronic format only. Therefore, Publishing and Depository Services will no longer sell and distribute Parliamentary publications in paper format as of that date.

We are working closely with the Senate of Canada and the House of Commons to make these publications available in PDF format in our electronic publication collection available on our Web . . . [more]

This is just a brief note to say that I’ve updated the Canadian Case Commentary site, which now contains Supreme Court judgments released by the end of June, 2012, i.e. up to Clements v. Clements. (This comes as close to the present as seems sensible, given that the latest commentary recorded was published merely a week ago.)

I invite those of you who haven’t had a chance to learn of this project to visit the site. You’ll find navigation easy: there’s a killer search function and a hyperlinked table of cases.

Fifteen judgments were added to the database, for . . . [more]

This morning’s Globe and Mail features a prominent advertisement for Queen’s University:

The bold statement is hard to miss:

But is it quite true? To get a definitive answer we will need to wait for Kerri Froc‘s book. She is writing the first comprehensive examination of its history, interpretation and potential application with the goal of ensuring the Charter delivers on its promise of a fair, equal and democratic society for all Canadians.

In the interim, we can argue about why cases like M. v. H., 1999 CanLII 686 (SCC), [1999] 2 SCR 3, won by Martha . . . [more]

Last night was the kick-off of the 2012 annual International Association of Libraries meeting at the Law Society of Upper Canada in Toronto. About 120 prominent law librarians from around the world–primarily from academic, legislative and court house libraries–have arrived in Toronto and are enjoying the first day of programming.

The theme of this year’s program is “Canada: The Cultural Mosaic and International Law.” So far we have been welcomed by Ms. Deborah Deller, Clerk of the Legislative Assembly of Ontario, Dean Lorne Sossin of Osgoode Hall Law School, and The Right Honourable Beverley McLachlin, Chief Justice of Canada (via . . . [more]

If a brilliant legal treatise is composed by an academic but nobody reads it, does it really matter?

A study last year by Mark Bauerlein looked at books and essays in English literature at several public American universities, and found the vast majority attracted very little attention from other academics. Other research suggests that up to half of university library holdings are never used. There’s no reason to believe that these patterns in library use are any different in the legal field.

Of course despite my initial premise I do believe in the inherent worth of even obscure legal research . . . [more]

The old saying goes that a picture is worth 1000 words, so if your amicus brief was limited to five pages at roughly 250 words a page you would have 1250 words to state your position (after previously submitting a 25 page brief -6250 words). For an in-depth legal position such as an ebook price fixing case, 1250 words is very little so if you have the ability why not harness the power of a picture being worth 1000 words and submit the equivalent of a 11250 word brief?

That is exactly what Bob Kohn did in submitting his brief . . . [more]