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Remunerating creativity, freeing knowledge: File sharing and extended collective licenses external link
Il Three-Step Test nel diritto d’autore: tra necessità di bilanciamento e mancanza di ragionevolezza external link
Interpreting ‘Network Discrimination’ in the CRTC and FCC external link
Abstract
The issue of what discriminatory use of a network means has arisen in two recent decisions of the United States and Canadian federal communications commissions, the FCC and the CRTC respectively. The topic is a contemporary and hotly debated one, as when a course is fixed it will strongly influence the future of the Internet. It can be stated as the dichotomy of open and competitive or closed and oligopolistic. A study and comparison of the two different approaches is vital to clarify the debate, and hopefully guide Canadian policy in a direction that will benefit the whole community.
Telecommunicatierecht
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Bibtex
Free-Libre Open Source Software as a Public Policy Choice external link
Abstract
Free Libre Open Source Software (FLOSS) is characterised by a specific programming and development paradigm. The availability and freedom of use of source code are at the core of this paradigm, and are the prerequisites for FLOSS features. Unfortunately, the fundamental role of code is often ignored among those who decide the software purchases for Canadian public agencies. Source code availability and the connected freedoms are often seen as unrelated and accidental aspects, and the only real advantage acknowledged, which is the absence of royalty fees, becomes paramount. In this paper we discuss some relevant legal issues and explain why public administrations should choose FLOSS for their technological infrastructure. We also present the results of a survey regarding the penetration and awareness of FLOSS usage into the Government of Canada. The data demonstrates that the Government of Canada shows no enforced policy regarding the implementation of a specific technological framework (which has legal, economic, business, and ethical repercussions) in their departments and agencies.
Intellectuele eigendom
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Legal consequences of packet inspection external link
Abstract
Sophisticated network management is now very common. However, the legal consequences in terms of the liabilities, whether civil or criminal, of the Service Provider in connection with the type of management used have been poorly explored. In this work in progress, we identify the research questions, the methodology and work hypotheses of our future research.
Telecommunicatierecht
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Bibtex
Clarifying privacy in the Clouds external link
Abstract
Concomitant with the increased market appeal of cloud-based services, there is growing concern over issues of privacy within the architecture. In this paper, we analyze what is meant by the term privacy from a legal perspective, and how the meaning of cloud computing and their operation may be affected in at least one jurisdiction. We also look at some possible solutions to addressing privacy in clouds.
Grondrechten, Privacy
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From music tracks to Google maps: Who owns computer-generated works? external link
Abstract
Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.
Auteursrecht, Intellectuele eigendom
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Eccezioni e limitazioni al diritto d’autore in Internet external link
Scientific and Critical Editions of Public Domain Works: An Example of European Copyright Law (Dis)Harmonization external link
Abstract
Despite the lack of unanimity among European nations on how to treat so-called scientific and critical editions, most of these nations agree on the major proposition that this kind of work should attract some kind of protection under neighbouring rights doctrines in their copyright codes. Canada has no such provisions. This article explores the neighbouring rights protection in some European nations and shows that Canadian publishers of such editions should be aware of the diverse range of protection that they are given in Europe and the potential liability of Canadian publishers.
Auteursrecht, Intellectuele eigendom