ISP Liability In Canada: Need Real And Substantial Connection
November 01, 2004
In June, the Supreme Court of Canada issued its judgment in <i>Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Providers</i>. This landmark ruling, colloquially known as the Tariff 22 decision, read together with the SCC's decision in <i>Galerie d'Art du Petit-Champlain v. Theberge</i> and <i>CCH Canadian Ltd. v. Law Society of Upper Canada</i>, clarifies the current state of Canadian copyright law as it relates to activities occurring over the Internet. In particular, the decision describes the potential liability of Internet service providers (ISPs) in the context of Copyright Act.
Developments Of Note
November 01, 2004
Recent developments in e-commerce law and in the e-commerce industry.
Offline ' And Happy To Be There
November 01, 2004
For many people, going online is the first step in buying anything. <br>Yet, some firms refuse to sell online. Sound odd ' behind the times? On its face, perhaps, but sound business reasons explain such "backward" behavior ' and they're the same reasons why many brick-and-mortar businesses choose not to accept phone or mail orders.
Best Software Technologies For Boosting Realization
November 01, 2004
<i>A&FP</i>'s July edition included an article describing how one large firm methodically improved collections with due regard for the delicacy of client relationships. To that same end, this new article by Jim Hammond explores software technologies that help focus and streamline a firm's collections efforts.
Taming An Unruly Process
November 01, 2004
If information is power, then it's not the amount of information that gives us value, but access to the right information at the right time, and in the most suitable form. <br>This is especially true of e-discovery, which, despite all the supportive tools and technologies, has become a complex, time-consuming, inefficient and often costly process. <br>As a result, litigators and general counsel can benefit greatly from targeted data extraction, a process that compiles and organizes all electronic data associated with a case, then automatically extracts a specified subset of information.
Big Brother Is Watching
November 01, 2004
Companies considering outsourcing today, and companies that have already outsourced significant functions and processes, face an increasingly complex web of domestic and foreign laws and regulations at various levels of government. Compliance with those laws in the context of an outsourcing transaction poses a considerable and growing challenge. This article examines three of the hottest topics in the area of regulatory compliance in outsourcing: Sarbanes-Oxley, privacy, and legislative initiatives focusing on offshore outsourcing.
NY Federal Court Sends 'Typosquatter' To Prison
November 01, 2004
Several months ago, U.S. District Judge Michael Mukasey of the Southern District of New York sentenced one of the most notorious "typosquatters," John Zuccarini, to two and a half years for violating the Truth in Domain Names Act, which was enacted by Congress last year. <br>Although his arrest and conviction remain the most significant actions taken under the statute, the Domain Names Act adds another possible step that can assist companies that are victimized by typosquatting on the Internet.
Is Your Client A Spammer?
November 01, 2004
We've covered the CAN SPAM Act fairly extensively from a "what is it" type of perspective. In this article, Board of Editors member Jonathan Bick provides some practical advice on how to advise those clients who want to send marketing e-mails lawfully (it just doesn't seem right to say "spam lawfully.
Net News
November 01, 2004
Recent developments of note in the Internet industry.<br>This month:<br>First Suit Filed Against Internet 'Spyware' <br>House Passes Second Anti-Spyware Bill <br>Grokster Officals Settle Separate Copyright Case <br>AOL Files First 'Spim' Suit <br>RIAA Sues 750 More <br>U.S. Teen Soccer Prodigy Adu Wins Cybersquatter Case <br>U.S. Declares War on Intellectual Property Theft <br>