The dispute between Microsoft Corporation and the defendants, PC Village Markham, PC Village Downtown – two software retailers in the Greater Toronto Area – and two of their employees, Syed Aziz and Johnson Ye, arose because the defendants were selling counterfeit Microsoft software, “software that was neither manufactured by Microsoft nor by any of its [...]
Canada says no to counterfeiting: Microsoft Corporation v. PC Village
Parody As Fair Dealing, Eh?
s. 29.1 of Canada’s Copyright Act provides that fair dealing for the purpose of criticism does not infringe copyright if the source is mentioned. The main issue then is whether parody – the use of humor or ridicule to point out some particular feature of the original work – is an acceptable form of criticism as per [...]
Immunity under the Communications Decency Act
Section 230 of the United States Communications Decency Act (47 USC 230) gives “providers of interactive computer services” (like ISPs, internet forums and social networking sites) immunity from certain types of claims when the providers publish or republish the works of other people. It was enacted to overrule a 1995 decision that held an ISP [...]
L’Oréal v. eBay: European courts rule eBay not liable for sales of counterfeit goods
It is no secret that counterfeit goods have been sold over the internet for years. Your relation to someone who has purchased some form of counterfeited good over the internet most probably follows the six degrees of separation rule. As a prominent source of the sale of counterfeit goods, U.S.-based eBay has been sued by [...]
Does Qualcomm’s Value Chain Licensing System Survive Its Settlement With Broadcom? (Part Two)
Sean O’Connor is a Professor at the University of Washington School of Law and Chair of the Law, Technology & Arts Group, specializing in intellectual property and business law involving biotechnology, cyberspace/information technology, and new media/digital arts. Professor O’Connor is an IP Osgoode Research Affiliate.
This is the second part of Professor O’Connor’s feature blog post [...]
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