Law Bytes

In recent years the intersection between law, technology, and policy has exploded as digital policy ... more

Latest Episodes

October 28, 2021 00:39:42
Episode 53: Welcome Development or Waste of Time? - A Conversation With Facebook Oversight Board Member Nicolas Suzor

Episode 53: Welcome Development or Waste of Time? - A Conversation With Facebook Oversight Board Member Nicolas Suzor

Last month, Facebook revealed the names of the first 20 members of the Facebook Oversight Board, a body charged with conducting independent reviews of content removals. The group includes many well-known experts in the fields of human rights, journalism, law, and social media. The announcement received at best a mixed greeting – some welcomed the experiment in content moderation, while others argued that the board “will have no influence over anything that really matters in the world.” Professor Nicolas Suzor of the Queensland University of Technology in Australia was named as one of the first 20 members. The author of Lawless: The Secret Rules that Govern our Digital Lives, Nicolas has been critical of Facebook and other Internet platforms and raised concerns about the oversight board when it was first announced. He joins me on the podcast to discuss the oversight board, the initial criticisms, and his views on how the board can have a positive impact in addressing complex issues that strive to balance freedom of expression with concerns about online harms. Note that our conversation was recorded before President Donald Trump issued an executive order targeting Internet platforms after Twitter fact-checked one of his tweets and issued a warning on another. The podcast will examine those latest developments in a future episode. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: Lawless: The Secret Rules that Govern our Digital Lives Credits: CNBC, Facebook Lays Out Details ...

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October 28, 2021 00:28:00
Episode 52: Fair Dealing for Film Makers - Bob Tarantino on the Copyright Implications of the Room Full of Spoons Case

Episode 52: Fair Dealing for Film Makers - Bob Tarantino on the Copyright Implications of the Room Full of Spoons Case

Dubbed by some as the worst film ever made, The Room has become a cult-like film classic. Written, directed, produced and starring Tommy Wiseau, the movie was the subject of the 2017 film The Disaster Artist and a documentary titled Room Full of Spoons by Canadian documentary filmmakers who wanted to tell the story of the film and its popularity. The documentary has been the subject of years of litigation with Wiseau at one point obtaining an injunction to stop its release. The Ontario Superior Court of Justice recently released an important decision in the case with significant implications for creators involving copyright, fair dealing, moral rights, and a host of other legal issues. Bob Tarantino, Counsel at Dentons Canada LLP, joins me on the podcast this week to discuss why the decision will be welcome news for documentary filmmakers. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: Wiseau Studio, LLC v. Harper Tarantino, Room Full of Spoons: The Contributions of Wiseau Studio v. Harper to Canadian Entertainment Law Credits: The Room, IMDBB page ...

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October 28, 2021 00:33:01
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Episode 51: Canada's Urban-Rural Broadband Divide - Josh Tabish on CIRA's Internet Performance Data

The state of Internet access in Canada has been the subject of considerable debate in recent years as consumers and businesses alike assess whether Canada has kept pace with the need for universal access to fast, affordable broadband. What is now beyond debate is that there are still hundreds of thousands of Canadians without access to broadband services from local providers and that for those that have access, actual speeds may be lower than advertised and below the targets set by the CRTC, Canada’s broadcast and telecommunications regulator. CIRA, the Canadian Internet Registration Authority, manages the dot-ca domain and has played an increasingly important role on Internet policy matters. CIRA recently submitted a report on the urban-rural broadband divide as part of a CRTC process on potential barriers to broadband in underserved areas. Josh Tabish from CIRA joins me this week on the podcast to discuss the IPT, the CRTC submission, and the future of universal access to broadband in Canada. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: CIRA, New Internet Performance Data Shows the Staggering Scale of Canada’s Urban-Rural Digital Divide Credits: Global TV, Rural Communities Could Suffer from Broadband Internet Service Cuts ...

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October 28, 2021 00:34:59
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Episode 50: Ariel Katz on the Long-Awaited York University v. Access Copyright Ruling

The Federal Court of Appeal delivered its long-awaited copyright ruling in the York University v. Access Copyright case last month. This latest decision effectively confirms that educational institutions can opt-out of the Access Copyright licence since it is not mandatory and that any claims of infringement will be left to copyright owners to address, not Access Copyright. The decision is a big win for York University and the education community though they were not left completely happy with the outcome given the court’s fair dealing analysis. The decision also represents a major validation for University of Toronto law professor Ariel Katz, whose research and publications, which made the convincing case that a ‘mandatory tariff’ lacks any basis in law”, was directly acknowledged by the court and played a huge role in its analysis. Professor Katz joins me on the podcast this week to talk about the case, the role of collective licensing in copyright law, and what might come next for a case that may force Access Copyright to rethink the value proposition of its licence. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: Spectre: Canadian Copyright and the Mandatory Tariff – Part I Credits: Standing Committee on Industry, Science and Technology, May 24, 2018 ...

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October 28, 2021 00:34:05
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Episode 49: Lilian Edwards on the Legal, Ethical and Technology Debate over Coronavirus Contact Tracing Apps

As governments grapple with challenging questions about when and how to relax the current Coronavirus restrictions and give the green light to re-opening businesses, schools, and community spaces, there has been increasing emphasis on the potential for technology to assist with critical activities such as contact tracing. Canada has moved more cautiously on this issue, but the introduction of contact tracing apps seem likely. What will the apps look like and what legal framework is needed to safeguard a myriad of privacy and civil liberties concerns? Lilian Edwards is a law professor at Newcastle University where she is the Professor of Law, Innovation and Society.  She has been leading a fascinating project that seeks to address the legal concerns that might arise from contact tracing apps with a model bill that could be used to establish safeguards and other legal limits. She joined me on the podcast to talk about the latest developments on contact tracing apps, the growing schism between countries, and the legal rules that could address some of the public concerns. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: The Coronavirus (Safeguards) Bill 2020: Proposed protections for digital interventions and in relation to immunity certificates Credits: CBC News, How Your Phone Could Play a Role in Coronavirus Contact Tracing ...

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October 28, 2021 00:33:20
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Episode 48: Sam Trosow and Lisa Macklem on Copyright and Fair Dealing During a Pandemic

Fair dealing – the Canadian version of fair use – has been recognized by the Supreme Court of Canada as a users’ right. The need for a large and liberal interpretation to the right is a cornerstone of Canadian copyright law. With millions of Canadian students at home due to the Coronavirus pandemic, the importance of fair dealing has grown as teachers seek to provide access to teaching materials and ensure they remain compliant with the law. Sam Trosow and Lisa Macklem of Western University recently published a detailed analysis on fair dealing and emergency remote teaching in Canada. They joined me on the podcast to discuss fair dealing, its application during the current pandemic, and recent developments involving reading aloud programs as well as the Federal Court of Appeal decision in York University v. Access Copyright. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: Trosow and Macklem, Fair Dealing and Emergency Remote Teaching in Canada Credits: CITYNews, Students, Teachers Navigate E-Learning as Program Launches Amid Coronavirus Pandemic ...

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