Archive for the ‘ Technology ’ Category

WEARABLE TECH ON A COLLISION COURSE WITH PERSONAL INJURY LITIGATION

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With the Apple Watch release date just around corner, it is clear that the excitement, curiosity and growing popularity of wearable technology is bound to continue. This will also have a significant impact on the future of personal injury claims. So much of what we do is now recorded in digital form.

In today’s high tech world, the advent of wearable technology and the digitization of everything we touch, see and do leaves behind a trail of “digital handprints” and “digital fingerprints” to be tracked. Read more

Bell Canada Pays Price for Misleading Advertising: Who’s Next?

 

 

 

After being taken on by the Competition Bureau, Bell Canada has agreed to pay a monetary fine of $10 million to the Bureau for engaging in misleading advertising.

Bell Canada’s advertised prices failed to include the many hidden fees such as modem rental and phone and digital television services that were later tacked on when consumers tried purchasing the advertised products or services. For example, Bell’s bundle package, which included cable, television and home phone services was advertised as low as $69.90/month but actual prices charged were $80.27 (about 15% more). An investigation launched by the Bureau determined that Bell has been engaging in this practice since December 2007. Read more

Web-Based Defamation in the 21st Century: Crookes v. Newton and Future Implications

As the Internet continues to rapidly expand at the speed of “life” in the twenty first century, so too must our centuries old laws in order to keep pace with the new realities. One recent example of this legal shift towards modernism can be demonstrated in Canada’s first appeal involving the issue of whether posting hyperlinks onto one’s own website, which link to other defamatory sources can trigger liability for defamation.

This was precisely the situation in Crookes v. Newton, a British Columbia Court of Appeal decision released on September 15, 2009. In this case, the plaintiff, a Vancouver businessman, sued the defendant, the operator of a free speech website. The website, www.p2pnet.com published an article about the plaintiff who at the time was suing some other websites for defamatory content written about him.

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Canadian Record Labels Face $6 Billion Class Action For Copyright Exploitation

Canadian Record labels including Warner Music Canada,  Sony BMG Music Canada, EMI Music Canada, and Universal Music Canada have been named as defendants in a class action lawsuit launched by  recording artists for facilitating the reproduction of unlicensed musical works without payment, permission or compensation. The representative class plaintiff is the estate of late Jazz musician Chet Baker, who alone owed copyrights to over 50 exploited works.

The claim arises out of the defendants’ conduct in knowingly and deliberately making or authorizing the making of, reproduction, distribution and sale of the works of canadian artists without obtaining a license or paying out a royalty to the artists. The record labels have already admitted to exploiting  $50 million dollars worth of music over several decades, which was documented on a “pending list”, which reflects the exploited music for which no license was obtained nor any royalties paid. It is believed that this “Pending List” is comprised of over 300,000 sound recordings for which class members have yet to be compensated for.

After 20 years of exploitation, the class action seeks the option of obtaining statutory damages in the amount of $20,000 per infringement, which could put the labels on the hook for over $6 billion dollars if found liable.

This demonstrates the record labels’ arrogant conduct and disregard  in copyright interests of artists, yet stringent enforcement against consumers who pirate online music.