Law Bytes

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October 22, 2021 00:28:04
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Episode 23: The WIPO BRIP Database - Rick Shera on the MEGA Experience and the Dangers of False IP Claims

The last episode of Season One of the Lawbytes podcast (new episodes will resume in September) returns to WIPO, the World Intellectual Property Organization and its proposed BRIP database. The BRIP database, which stands for Building Respect for Intellectual Property, will be a database of allegedly infringing websites. While some of the details remain sketchy, the basics are that BRIP will be a database of allegedly infringing websites that could be used by advertisers to stop advertising on those sites, payment providers to stop service, or even site blocking initiatives to mandate ISP blocking. Yet the BRIP database currently envisions the possibility of lobby groups such as the movie and music associations inserting sites in the database with no oversight, no review, and not even any transparent standards. That approach caught the attention of Rick Shera, a lawyer in New Zealand with Lowndes Jordan and one of that country’s leading IP and Internet law experts. Rick posted a Twitter stream on the risks associated with false IP accusations, speaking from the experience of one of his clients. He joins me on the podcast this week to discuss the experience of MEGA and the risks of false IP claims. While the technical connection between Canada and New Zealand wasn’t great leading to some patchy sound during the conversation, his story is an important one. 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. Credits: WIPO, WIPO’s Knowledge Network in 90 Seconds ...

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October 22, 2021 00:34:30
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Episode 22: Navigating Intermediary Liability for the Internet - A Conversation with Daphne Keller

The question of what responsibility should lie with Internet platforms for the content they host that is posted by their users has been the subject of debate around in the world as politicians, regulators, and the broader public seek to navigate policy choices to combat harmful speech that have implications for freedom of expression, online harms, competition, and innovation. To help sort through the policy options, Daphne Keller, the Director of Intermediary Liability at Stanford’s Center for Internet and Society, joins the podcast this week. She recently posted an excellent article on the Balkinization blog that provided a helpful guide to intermediary liability law making and agreed to chat about how policy makers can adjust the dials on new rules to best reflect national goals. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: Keller, Build Your Own Intermediary Liability Law: A Kit for Policy Wonks of All Ages Credits: Standing Committee on Industry, Science and Technology, May 28, 2019 Transcript: ...

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October 22, 2021 00:38:51
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Episode 21: Why Canada Has Some of the Worlds Highest Wireless Data Prices

Canada has a well-earned reputation for some of the highest wireless prices in the world with numerous comparative studies finding that consumers pay relatively high prices for low amounts of data. There are obviously many factors behind pricing, but for many consumers the top line issue is how much does the wireless service cost and how much data do I get? Rewheel Research, a Finland based consultancy, has been at the forefront of pricing comparisons with extensive analysis of  mobile data pricing in countries around the world. Its reports have often called out Canada, recently noting that prices are “a world apart” from more competitive markets. With Canadian telco giant Telus commissioning a study to challenge the Rewheel research, I’m joined this week on the Lawbytes podcast by Antonios Drossos, managing partner of the firm, who talked to me from Helsinki about their findings, what lies behind Canada’s wireless pricing, and the Telus-backed study. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: Rewheel Research: The state of 4G pricing – 1H2019 – Digital Fuel Monitor 11th release Credits: House of Commons, June 10, 2019 Transcript: ...

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October 22, 2021 00:36:34
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Episode 20: Why Canadian Universities Should Get Out of the Patent Game - Richard Gold on Canada’s Failed Research Commercialization Strategy

Technology transfer in the university context has emerged as significant policy issue with governments seeking to maximize the benefits of public investment in research at Canadian universities. For example, the Ford government in Ontario recently launched an expert panel on intellectual property squarely focused on the issue that speaks to maximizing commercialization opportunities with an emphasis on intellectual property. But what if maximizing commercialization opportunities does not mean prioritizing patents?  Professor Richard Gold from McGill University’s Faculty of Law argues that universities should get out of the patenting game. He joins me on the Lawbytes podcast this week to discuss the failure of patent first strategies and why open science may offer a better path for commercialization success. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: Gold, Should Universities Get Out of the Patent Business Credits: AUTM, About Technology Transfer TechCrunch, Judge Rules CRISPR-Cas9 Belongs to Broad Institute SGC Channel, Welcome to SGC Toronto Transcript: ...

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October 22, 2021 00:29:13
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Episode 19: Canada's Quiet Success Story: Irene Berkowitz on the Canadian YouTube Creative Sector

Canadian Heritage Minister Pablo Rodriguez recently appeared to pre-empt the government’s broadcast and telecommunications legislative review panel in his response to the panel’s interim report. Rodriguez indicated that the government will move to mandate new contributions and Cancon requirements for online services regardless of what the panel recommends. New creators leveraging online platforms don’t typically participate in government consultations, but that doesn’t mean their voice and experience should be ignored. Ryerson’s Irene Berkowitz recently released Watchtime Canada, a report on the role YouTube plays in fostering opportunities for creators. The study found an eco-system that provides thousands of Canadians with full-time employment opportunities and export strategies that outshine the traditional creative sector.  She joins me on the podcast this week to discuss the report and what it might mean for Canadian cultural policy. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: Watchtime Canada report Credits: Standing Committee on Canadian Heritage, May 2, 2019 Unbox Therapy, This Smartphone Changes Everything Gigi Gorgeous, This is Everything How to Cake It, GIANT Juice Box Cake with JUICE INSIDE The Icing Artist, Mini ANIMAL CAKES Vanoss Gaming Transcript: ...

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October 21, 2021 00:35:44
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Episode 18: Open to Open Banking?: My Appearance Before the Senate Committee on Banking, Trade and Commerce

Open banking, which is designed to allow customers to easily share data held by their banks with third parties, has been attracting considerable attention in recent months. The Standing Senate Committee on Banking, Trade and Commerce conducted a study on open banking this spring with a report released in late June. I was invited to appear before the committee to discuss regulatory concerns, particularly with respect to privacy and data protection. Given that it is a holiday week in Canada for Canada Day, this week’s podcast adopts a different approach with excerpts from that appearance, including my opening statement and the ensuing discussion with several senators on the need for regulatory reforms. The podcast can be downloaded here and is embedded below. A transcript of the appearance can be found here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Episode Notes: Senate Report – Open Banking: What it Means for You Transcript of Senate Standing Committee on Banking, Trade and Commerce Credits: Senate Chamber, June 19, 2019 Open Banking, What Is Open Banking PwCCanada, Canadian Banks: CEO Spotlight with Darryl White, CEO of BMO Financial Group ...

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