Legal Commentary

Amazon 1-click patent upheld

Posted on March 11, 2010
There has been a lot of controversy and debate over whether too many things are patentable, especially in the software and business method areas.  Many thought the Amazon 1-click patent, which was under review, should not be valid.  The USPTO has, however, confirmed the patent...

Doctorow on folly of three strikes law

Posted on March 09, 2010
I’ve written before about how the three strikes law that is in force in France, and is being contemplated in other countries, is fundamentally wrong. Take a look at this short video interview from author Cory Doctorow that puts it in perspective.

North Face v. South Butt

Posted on March 08, 2010
For the London Free Press – March 8, 2010 Read this on Canoe U.S. courts may have to decide if a teen’s parody of a popular clothing line is an infringement The North Face Apparel Co., more commonly known as The North Face, recently filed suit against Jimmy Winkelmann, a 19-year old high school student and his small [...

Social media policy generator at policytool.net

Posted on March 04, 2010
PolicyTool.net generates custom corporate social media policies based on the answers to a few questions.   It’s free to use. This tool is a collaboration between myself and rTraction - a web design, social media and marketing company. So why are we doing this for free?   Two simple reasons...

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Negative reviews can be good for business

Posted on March 03, 2010
That’s the title of my Slaw post for today.  It reads as follows. We’ve all heard the saying “there is no such thing as bad publicity” – but of course we don’t take that literally.  Apparently, though, research has shown that when it comes to online reviews, negative reviews can result in more sales than positive reviews...

Ruling strengthens consumer protection law in Ontario

Posted on March 02, 2010
For the London Free Press – March 1, 2010 Read this on Canoe Companies have been sent a clear message ? deal with complaints because dispute resolution is too impractical to pursue. A recent Ontario Court of Appeal ruling confirms an evolving trend to protecting consumers from enforcement of mandatory arbitration clauses in consumer agreements...

Schneier article: Spy cameras won’t make us safer

Posted on February 26, 2010
Security expert Bruce Schneier wrote an article for CNN entitled “Spy cameras won’t make us safer” that’s worth reading. His basic premise is: Pervasive security cameras don’t substantially reduce crime. This fact has been demonstrated repeatedly: in San Francisco, California, public housing; in a New York apartment complex; in Philadelphia, Pennsylvania; in Washington; in study after study [...

Amabile concert / book launch this Sunday at Centennial Hall

Posted on February 25, 2010
  The Amabile Choirs are presenting their 25th Anniversary Choral Music Gala Festival this Sunday evening. (My son is in the Young Men’s Ensemble).  The concert will include the first public performance of “Beth’s Song” – which was written as a companion to the book “Sing Me to Sleep”...

Ted video: Four ways to fix a broken legal system

Posted on February 24, 2010
That’s the title of my Slaw post for today.  It reads as follows: The annual Ted conference always has thought provoking presentations.   One of the presentations this year was entitled “Four ways to fix a broken legal system“.   Its worth taking the 19 minutes to watch...

London in my view

Posted on February 23, 2010
My 2 cents worth on this topic appeared in the London Chamber of Commerce “the View” section in Yesterday’s Free Press.  In the interest of transparency, I should point out that I am on the Chamber board of directors – which explains why I was asked to contribute – but did not influence my answers.

Reports explore impact on environment

Posted on February 22, 2010
For the London Free Press – February 22, 2010 Read this on Canoe Industry Canada recently released four reports which explore the environmental impact of product design and supply chains. They enable businesses to understand current trends and recognize the benefits of adopting new and more environmentally friendly practices...

Windows Phone 7 – “Microsoft has out-appled Apple”

Posted on February 17, 2010
That’s the title of my Slaw post for today.  It reads as follows: Microsoft unveiled its much anticipated Windows Phone 7 operating system this week at the Mobile World congress in Barcelona.  It is not based on the existing 6.X OS – but is entirely new – based on the Zune...

Privacy Commissioner – public consultations on privacy and cloud computing

Posted on February 12, 2010
The Canadian Privacy Commissioner just invited interested parties to file written submissions on privacy issues surrounding cloud computing.  Also for expressions of interest from anyone wanting to take part in a formal panel discussion in June. Cloud computing - however one defines it - can be a compelling model, as it can provide advantages in cost, simplicity, and [...

Google experimental fiber network

Posted on February 11, 2010
Google just announced that it is looking for some cities to install experimental ultra high speed internet access in.   Unfortunately for those of us in Canada, it seems to be limited to the US. From their blog post: We’re planning to build and test ultra high-speed broadband networks in a small number of trial locations across the [...

Governments to ISPs – don’t keep that info – no, wait, keep that info

Posted on February 09, 2010
Yesterday I wrote about privacy consultations regarding the online tracking of consumers.  Privacy advocates want to ensure that consumer choice and privacy are respected.   Similarly, pressure is put on ISP’s and search engines to limit the amount of information they retain about their customers, and the length of time they retain it...

Online tracking under scrutiny

Posted on February 08, 2010
For the London Free Press – February 8, 2010 Read this on Canoe Canadians are invited to submit comments Canada’s Privacy Commissioner, Jennifer Stoddart, recently announced a new consultation with the Canadian public on privacy issues related to the online tracking, profiling and targeting of consumers by marketers and other businesses...

Olympic social media rules confusing athletes

Posted on February 05, 2010
Wired Epicenter writes that athletes are confused by the IOC rules that limit what they can publish on blogs, twitter, facebook, etc. during the games.   That’s not surprising given the nature of the restrictions.  For more details about those restrictions, see some of my earlier comments.

Electronic disobedience

Posted on February 04, 2010
This is a term I’ve never heard before.  In the context of the alleged problems with Toyota electronic throttles, an engineer uses the term  “electronic disobedience”  to describe a glitch or interference that causes electronics to do unwanted or unintended things...

Gift card judge censured

Posted on February 03, 2010
That’s the title of my Slaw post for today.  It reads: Last year a California class action suit resulted in a settlement where each class member received a $10 gift card from the defendant store.  The settlement called for the plaintiff?s lawyer to get $175,000 125,000...

Fanshawe eMarketing Conference – legal issues

Posted on February 02, 2010
Fanshawe College is putting on an eMarketing conference March1st entitled “Turning Clicks into Customers“.   The keynote speaker is Mitch Joel, author of  Six Pixels of Separation”. I’m speaking at a breakout session on “Legal Issues for a Digital World” ...

Software vendors playing hardball

Posted on February 01, 2010
For the London Free Press – February 1, 2010 Read this on Canoe IBM recently announced that Euro Partners, a New York-based brokerage, downloaded $1.7 US million worth of IBM software between 2003 and 2008 without permission. Euro Partners, a unit of BGC Partners, was acquired by BGC in 2005 for about $97...

Happy Data Privacy Day

Posted on January 28, 2010
Today is international Data Privacy Day. From the official website: Data Privacy Day is an international celebration of the dignity of the individual expressed through personal information.  In this networked world, in which we are thoroughly digitized, with our identities, locations, actions, purchases, associations, movements, and histories stored as so many bits and bytes, we have to [...

Apple’s iPad

Posted on January 27, 2010
That’s the title of my Slaw post for today.  It reads as follows: Simon beat me to the punch mentioning the iPad.  I?ve been watching a live-blog of the event.  These are my first impressions. It?s meant for things like  ?Browsing the web. Doing email...

Make money with music: Connect with Fans (CwF) + Reason to Buy (RtB) = The Business Model

Posted on January 26, 2010
Mike Masnick of Techdirt has published a post that is a chapter he wrote for a book being presented at a conference for the International Association of Entertainment Lawyers (IAEL). Its worth a read, not only for Mike’s thoughts on new ways for the music industry to make money, but also to consider how that business model [...

Ruling creates new defamation defence

Posted on January 25, 2010
For the London Free Press – January 25, 2010 Read this on Canoe ?Responsible communication? expands media freedom of expression and opens door to more frank discussion of matters of public policy If you don’t have anything nice to say, be sure to say it in the name of public interest...

Musings of Frank Work, Alberta privacy commissioner

Posted on January 20, 2010
That’s the title of my Slaw post for today. It reads as follows: I just listened to an IT.Can seminar where Frank Work spoke about the current privacy landscape from his perspective. Some of his thoughts: We are awash in data that we can?t seem to turn into anything useful...

Amabile calls for singers for Men Aloud

Posted on January 19, 2010
Male singers in the London area are being invited to attend the Amabile Men Aloud choral symposium on Jan 29 and 30. (My son is with Amabile.) As Ken Fleet, co-conductor, said in a recent letter to the Free Press: The Amabile Boys & Men’s Choirs are hosting a choral symposium on Jan...

Apologetic Microsoft pulls service

Posted on January 18, 2010
For the  London Free Press – January 18, 2010 Read this on Canoe Rival service Plurk alleges Microsoft copied as much as 80% of the code used in running the Juku program without permission Microsoft recently susp-ended its new microblogging site, Juku, after it became clear the site contained code taken without permission from rival startup Plurk, a [...

Funny law firm ad

Posted on January 15, 2010
This ad for a New York law firm has been mentioned in a few places. I saw it on Gary Wise’s blog.

Google to China – back off or we are out of here

Posted on January 13, 2010
That’s my Slaw post for today.  It reads as follows: The blogosphere and twitterverse are buzzing today about the stand Google took yesterday in China.   Google basically said it would no longer censor results for Chinese users as required by the Chinese government, and if the government didn?t like it, they would leave...

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