On January 19th the Small Claims Court of Nova Scotia awarded $750 to an aggrieved surfer whose new surfboard was dinged by another surfer who breached the “paddle behind” rule of surfing etiquette.

The rule of surfing that the defendant was proven to violate is a pretty indisputable rule of surfing etiquette. The surfer paddling out should not interfere with the surfer riding the wave. This usually means that the surfer paddling out takes a path that leads into the breaking part of the wave, moderately discomforting but a warranted self-sacrifice to allow the rider to enjoy an uninterrupted ride. . . . [more]

A Spanish judge, Raul N. García Orejudo, has ruled that linking to copyrighted material is not illegal in SGAE (Sociedad General de Autores y Editores) vs. Jesus Guerra over the link site elrincondejesus.com.

Stan Schroeder of Mashable summarizes the proceedings:

First, he denied SGAE’s request to shut down Guerra’s site in June, saying that “P2P networks, as a mere transmission of data between Internet users, do not violate, in principle, any right protected by Intellectual Property Law.”

Now, he decided that “offering an index of links and/or linking to copyright material is not the same as distribution.” His decision

The Uniform Law Conference has asked for model legislation to implement the UNCITRAL Convention on the use of Electronic Communications in International Contracts (the E-Communications Convention, or the ECC). In order to prepare this legislation, one needs to answer a number of policy questions — and then some drafting questions.

I have done an issues paper outlining the questions that have occurred to me. I would very much like your views on the right answers.

Here are the questions, to pique your interest:

1. Should Canada accede to the Convention?

My proposed answer is Yes. Each province and territory can . . . [more]

On Saturday the Federal government released the terms of reference for the Iacobucci inquiry on Afghan detainees.

The report will include recommendations about what information should be disclosed in light of national security and international relations interests, and if any of the information is subject to solicitor-client privilege. The documents reviewed will include those listed in the December 10, 2009 motion by the House:

• correspondences between Richard Colvin and the Department of Foreign Affairs
• human rights reports to the Department of Foreign Affairs
• those listed in Amnesty International Canada and British Columbia Civil Liberties Association v. Chief of the Defence

Mobility, Equality, Internet, Language? Which of these doesn’t fit? According to a recent BBC survey all of them fit. A sizable majority of nearly 28,000 respondents from 26 countries (79%) indicated that they feel that the Internet is a fundamental human right, BBC story. The data from the survey of 26 countries has other interesting results. The three countries who had the highest percentage who believed the internet was a fundamental right were: South Korea (96%), Mexico (94%), and China (87%). In Canada 77% of respondents felt that the internet should be a fundamental right of all people, while . . . [more]

A recent case has tested Bill C-45, the amendment to the Criminal Code that attached criminal responsibility to an organization or corporation for negligence related to health and safety in the workplace, and broadened the range of individuals who are subject to charges under the Code. Since the inception of Bill C-45 on March 31, 2004, charges have been laid in just four cases, and only one resulted in a conviction. As a result, many are wondering if the enforcement of such provisions is even possible.

Moreover, Bill C-45 added Section 217.1 to the Criminal Code to impose a duty . . . [more]

This week saw the release of Canada’s 2010 federal budget. Maybe next year, I’ll see if blogging qualifies me to join the lock-up; but for 2010 I stuck to web-based review and analysis:

• The budget was fairly popular among the science and innovation crowd — though reaction to the budget followed faithfully the degree to which each constituency’s requests were funded.
• The full list of relevant line items is here; but this post is a good starting point to focus on the top budget items for biotech and other knowledge-based industries, including an increase in basic research

This year’s Legal IT conference, Legal IT 4.0, is scheduled for April 26 and 27th. Each year the conference looks at information technology and its impact on the law. I was fortunate to attend last year’s conference, and found the audience and presenters to be a stimulating mix of thought leaders and those new to many of the concepts.

The program has largely been set, and the 50-plus speaker roster is being finalized. The subject areas being covered:

Day 1:

• Cyber crime
• IT in courtrooms
• Tech Showcase – written communications
• e-Discovery
• Early adopters
• Tech Showcase – research and

I thought I’d draw Slawyers’ attention to a new student-run blog on international law, Legal Frontiers, run by law students at McGill University (my own alma mater). The site officially launched in January, and the content so far looks very interesting. Check it out and post a comment. . . . [more]

As many of our readers surely know, Google has been reassessing whether to continue its operations in China following a series of hacking incidents that allegedly originated from that country.

Prof. Ronald Deibert of UofT revealed today that the hackers also attempted to access Google directories, which was not widely reported when the story first broke. Deibert is one of the experts Google is consulting with on how to respond to the incidents.

Despite the The Investigative Powers of the 21st Century Act (IP21C) that was tabled before the prorogue, Deibert claims that cyberspace generally operates in a policy vacuum . . . [more]

Lawyer, Slawyer, and newspaper columnist David Canton has teamed up with rtraction, an Ontario IT company, to produce PolicyTool. The notion is that businesses need policies in place to govern a variety of employee practices but can’t always afford the services of a lawyer to devise them; PolicyTool invites you to answer a number of questions and feeds the answers into well-drafted “boilerplate,” resulting in a “comprehensive and informed framework for your legal counsel to quickly create a binding policy.” PolicyTool does the initial drafting; and a lawyer engaged by the user will tweak and approve.

At the . . . [more]

A recent Out-Law.com tweet caught my eye with the headline YouTube threatened by changes to Digital Economy Bill. The article has some good links and background information, including:

Courts will have the power to block access to entire websites from the UK because of allegations of copyright infringement under an amendment to Government legislation that has been adopted by the House of Lords.

The amendment currently being debated in the Lords deals with injunctive powers to block content rather than the current practice where YouTube removes copyright infringing content when given notice by the copyright owner.

We haven’t talked . . . [more]