As Canada begins to settle in with the new “notice and notice” provisions under the Copyright Act (Canada) which came into force January 2, 2015 copyright owners in Canada still need to address infringing content posted on websites hosted in the United States.

Lenz v. Universal Music Corp., Nos. 13-16106, 13-16107, 2015 WL 5315388 (9^th Circuit Sept. 14, 2015) adds additional work by a copyright owner before they can use the US notice and takedown remedy.

Background

In the 1990s the debate was whether internet intermediaries, such as ISPs, should be liable for infringements made on their servers . . . [more]

The September 28, 2015 issue of The New Yorker has an article on Ralph Nader’s Tort Museum.

It is actually called the American Museum of Tort Law and it opened recently in Winsted, Connecticut.

The museum is the idea of the famous American consumer advocate and lawyer Ralph Nader who comes from there:

“Nader’s consumer-protection advocacy is the lifeblood of the museum. In the center of the museum sits a cherry-red Chevrolet Corvair, the car Nader disgraced in his 1965 book ‘Unsafe at Any Speed’.”(…)

“In an unfortunate irony for the museum, its building is located directly across the

The Alberta government is holding consultations on proposed legislation to protect essential public services while upholding public sector workers’ right to meaningful collective bargaining dispute resolution. . . . [more]

The concept of knowledge management can expand to encompass many things. Theoretically it includes influence over the social aspects of the organization, such as ways people relate to each other, as well as managing explicit information in the form of written information. Practically it is often carried out by staff in a particular department with varying degrees of influence, who may not be involved in the wider workings of the organization. This means that some of the most important ways people in an organization communicate and transfer knowledge are difficult for knowledge management staff to change.

Many knowledge management programs . . . [more]

I’ve seen complaints suggesting emails from those running in the federal election are spam. But CASL specifically exempts political emails from the definition of spam. A recent review of political emails by a mail service provider showed that they are not even trying to comply with the spirit of CASL – such as having unsubscribe mechanisms and contact information.

It’s never been clear to me why those making laws think they deserve to be exempted from many laws they think business need to follow. Perhaps if they applied more laws to themselves some laws might be a lot more user . . . [more]

Budgets have no bottoms. Promises know no bounds. No baby has gone un-kissed. It must be Federal election time in Canada.

With political pandering at a fever pitch and politicians tripping over themselves to promise the earth, moon and stars to an election-weary electorate, it is an ideal time to exercise some wish-list thinking when it comes to criminal justice reform.

For all the bumps and bruises suffered by the ruling Conservatives at least one aspect of their message continues to garner broad popular support – ‘tough-on-crime’. With the outlier exception of legalizing marijuana, only the most suicidal politician would . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Grande National Leasing Inc. v Vaccarello, 2015 ONSC 5463

[36] The defendant in this case was not represented at trial. The plaintiff had the assistance of a paralegal. Although it can often be frustrating for a trial judge to deal with an unrepresented litigant, it is a reality every trial judge faces often, particularly in the Small Claims Court. Sometimes when . . . [more]

One of the many excellent presentations that I attended at Legaltech TO on September 24 focused on a couple of ways to deal with BYOD in legal. Steve Heck, Regional CIO at Microsoft Canada offered the ‘make everything securely accessible from any device’ option. Eugene Cipparone, Director, Professional Support at Goodmans LLP offered that firm’s strategy which I will sum up here as ‘educate and enable’.

Both of these perspectives have value. On one hand, mobile devices are only used to access what is secured by two factor authentication on the web. Because the content resides and can be used . . . [more]

“Top singers and athletes have coaches. Should you?”

A few weeks ago, this question entered my Twitter feed through a reference to a 2011 New Yorker article titled “Personal Best”, authored by surgeon Atul Gawande. It caught my attention and sparked a thought: how might lawyers benefit from coaching?

Gawande’s article provides a compelling account of how coaches can help professionals improve performance. Among other things, Gawande discusses how a coach helped him bring down his post-surgery complication rate. He also explores the increasing use of teacher-coaching programs across the United States. Gawande writes that “coaching done well may be . . . [more]

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on technology, research and practice.

Practice

I Don’t Know
Garry Wise

They may be the three most difficult words for certain professionals to utter. The mere temptation to speak them aloud has even been known (among some, it is rumoured), to dredge up sweaty palms, blinding pillars of ego and fortress-thick walls of denial. I don’t know. …

Technology

Search Tips That Will Get You Better Google Results*
Dan Pinnington

It is amazing how Google . . . [more]

This article is by Ian Hu, claims prevention and practicePRO counsel at LAWPRO.

A sole practitioner and single mom is locked in a room in her house. Her young autistic son, outside the room, has put a chair up against the door to prevent it from opening. There is a lot of yelling and screaming. She calls 911 and the police arrive. One of the constables happens to be her client – adding to her embarrassment. He talks to her through the window from outside and, eventually, the dust settles. But like any other day, she still has to go . . . [more]

I don’t usually write “how-to” posts, but I wasn’t aware of this restore feature in Windows and thought others might find it useful. Last week I accidentally saved a file and ended up replacing another file in the process. This can easily happen when you click on ‘Save’ instead of ‘Save As’ for example. In my case I was exporting a file from a software application and saving it to a directory on our network drive.

Normally the file is exported and then saved over a template or place-holder file. Usually not a problem: easy to do and maintains consistent . . . [more]