e-Lawg - IP :
Updated: 20/03/2005; 2:21:21 PM.

 

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March 22, 2004

The Toronto Star carries a review of the decision in The Law Society of Upper Canada v. CCH Canadian. See e-Lawg post on the decision here.

Michael Geist suggests that this decision will have a significant impact on copyright issues currently arising on the internet.  The decision holds that providers of equipment are entitled to presume their equipment will be used lawfully.  ISPs and even peer-to-peer providers may be able to argue they too legitimately presume their subscribers act lawfully and cannot be said to authorize copyright infringement.

The case is also important in that it reviews the fair dealing exception and it talks of users' rights and the need to balance rigorously the interests of creators and users.


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