Canada’s online legal magazine.

The Friday Fillip

When I was a kid we had a blue Bakelite radio made, I recall, by Western Electric. No TV. Just a radio. And that was okay because, for one thing I didn’t know about TV, and for another, every so often during the week I got to listen to some great radio programs. The Lone Ranger, Sgt. Preston of the Yukon, Hopalong Cassidy, the Shadow and others kick-started my imagination and taught me the power of a narrative.

Thanks to the marvellous Internet Archive, you can now listen to some of these “Old Time Radio” shows. The basic start . . . [more]

Posted in: Miscellaneous

FTC Revises Guides on Endorsements and Testimonials

This week, the U.S. Federal Trade Commission announced its approval of revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising. The revisions affect testimonial advertisements (including those by consumers and those advertising atypical results), blogger reviews or endorsements, and celebrity endorsements, updating the Guides since their last revision in 1980.

Of particular note: the discussion of consumer-generated media, and how to distinguish between communications that are “endorsements” and those that are not. The FTC focused on determination on a case-by-case basis of whether the relationship between the speaker is such that the speaker’s statement can be . . . [more]

Posted in: Substantive Law

The Debate About Warrantless Access to ISP Customer Information

In the privacy community, there has been a debate over whether it is lawful, under PIPEDA, for a custodian of personal information to provide customer information when then police come knocking. The debate has been most heated in the arena of internet service providers customer names and addresses to the police when presented with an IP address. PIPEDA allows a number of disclosures of personal information without consent pursuant to Section 7(3) of the statute. One exception to the general rule relates directly to law enforcement requests:

Disclosure without knowledge or consent

(3) For the purpose of clause 4.3

. . . [more]
Posted in: Substantive Law

Copyright Scofflaw Now at 2 Strikes

(note: what follows is a gross misrepresentation of HADOPI, and is just for entertainment, but it is fun to dream…)

The French Government is about to lose access to the internet. The second violation of copyright by Sarkozy and his party could result in the suspension of internet services to the Government by their ISP. Considering the government to be “members of the same household” as the President and his political party, one pundit declared

It is impossible for the courts not to acquiesce to this argument, thus denying themselves and the rest of the government access to the

. . . [more]
Posted in: Legal Information, Substantive Law

Usenet Now Searchable. Really.

I recently wrote that email lists still exist. But perhaps when it comes to living relics the true coelacanth as far as the internet is concerned is Usenet. Begun in 1979, Usenet was a collection of discussion groups — or, newsgroups, as they were known — that, as Wikipedia says, “can be superficially regarded as a hybrid between e-mail and web forums” but possessing considerable technological sophistication.

Yes, Usenet lives — after a fashion. In 2001 Google acquired the 700 million posts in order to preserve the archive. Trouble was, it couldn’t be searched properly. Until today, that is. . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Technology, Technology: Internet

The Unexpected..

♬ life can bring you down
creep up without a sound
yeah life can bring you down sometimes…♬

Lyrics, music and recorded by Sprung Monkey.

There is much talk in the media about the H1N1 virus. I think I was like most people in thinking it would be an inconvenience at worst – that is, until the first person I knew died from it. It is still early in the outbreak but I am now following the news announcements much more closely.

In terms of lawyers and law offices, this pandemic (I really don’t like that word since it . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management

Do Publishers Fear Napster for Books?

An interesting article in the NYTimes from October 3rd: Will Books Be Napsterized?

The premise being, as the consumer public migrates from paper to Kindles and e-book readers, there will be a growing temptation to skip the low-cost Amazon digital purchase, and run to the free alternative – sites like RapidShare, Megaupload, and Hotfile.

In the larger sense, we can certainly see this issue adding to the commodification of commercial content – a downward force on pricing. And while we frequently view legal publishing as somewhat insulated, Publishers will need to see this as a risk on the horizon. If . . . [more]

Posted in: Reading

2009 Tribalization of Business Study

A post on the Read Write Web site caught my eye this morning. The post alerted me to Deloitte LLP’s 2009 Tribalization of Business Study, which evaluates the perceived potential of online communities and identifies how enterprises believe they may better leverage them.

Although there is a “maturation” of business use of social media, the summary document perceives that organizations are not yet reaping full potential of social media activities.

Survey results indicate that while enterprises are effectively using online tools to engage with customers, partners, and employees for brand discussion and idea generation, organizations are continuing to struggle

. . . [more]
Posted in: Legal Information, Technology

Not as Permanent as We Think?

There has been plenty of press on how the tracks we leave online are going to haunt us – or at least stay with us – for ever. Much has been written, including at this site, about how the vast wealth of information that gets into the cybersphere puts a complete picture of our lives, good and bad, right out in public. The CBC was running a story yesterday about a Privacy Commissioner report warning that young people, as a result of posting too much information online, are being fired and missing out on job interviews and academic opportunities. . . . [more]

Posted in: Legal Information

Google Street View Live in Canada


click image to enlarge

Google Street View has finally gone live in Canada. According to the CBC story, Street View is available now in “much of the Greater Toronto Area and in Vancouver and the surrounding area, north to Whistler and east to Chilliwack, B.C. . . . Hamilton, Ont., Kitchener and Waterloo, Ont., Ottawa, Windsor, Calgary, Canmore, Banff and Lake Louise, Montreal and the surrounding area, Quebec City, and Halifax.”

Let the privacy complaints begin! . . . [more]

Posted in: Substantive Law, Technology: Internet

Kindle Goes International

. . . pretty much.

Amazon announced today that Kindle now comes in an international version that will be released on October 19. For US$279 you get the e-book reader and the ability to download books with “international wireless.”

Except that it is still unavailable in Canada.

Cape Verde (the next country on the dropdown list), yes.

But Canada, no. All of which makes my refusal to buy one on aesthetic grounds kind of meaningless. Sigh.

Clearly this is the result of an inability to strike the necessary deals with copyright groups in this country. It would be good to . . . [more]

Posted in: Reading, Substantive Law, Technology

Canadian Consumer Handbook

Industry Canada has published a new version of its Canadian Consumer Handbook. It is actually quite a good summary of things that the average consumer should know, including how to complain to a vendor, various scams to be aware of, cellphones, charities, collection agencies, fraud, digital TV, door to door sales, gift cards, misleading advertising, telemarketing and travel. It also has a long list of contact information for various organizations.

Lawyers might find it useful to share with clients having those particular issues, and as a resource for contact information. . . . [more]

Posted in: Miscellaneous

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada