The IPilogue is IP Osgoode’s online journal of IP Law and Technology. It publishes analysis and commentary on current pressing intellectual property, technology, privacy and related legal issues. The IPilogue features curated contributions from students, scholars, and experts within the Osgoode community, from our network of affiliated researchers and partners, as well as from professionals and scholars in disciplines outside of law.
Editor in Chief: Prof. Carys Craig (ccraig@osgoode.yorku.ca)
Submission inquiries: iposgoode@osgoode.yorku.ca
In a victory for athletes specifically, and proponents of personality rights generally, the US Ninth Circuit Court of Appeal has ruled against Electronic Arts (EA) in its use of former college quarterback Sam Keller’s likeness in the NCAA Football video game series. This news has costly implications for EA.
Online music streaming services have had a difficult year despite their increasing popularity. The problems services are experiencing south of the border may have an effect on how and when these services enter the Canadian market.
The World Intellectual Property Organization (WIPO) has rejected the Legal Rights Objection (LRO) of the Canadian Real Estate Association of Ottawa to the registration of the generic Top Level Domain (gTLD) .mls by Afilias Limited. While the WIPO Panel acknowledged that while the Association possesses a valid legal right to the term "MLS", they found it was […]
On July 13, 2013, the New York Times published an article on Erich Spangenberg's business enterprise, IPNav, which is considered to be one of the largest Patent Assertion Entities (“P.A.E.s”) in the world. Analyzing the business model of P.A.E.s is important to understanding the legal limits of these entities.
Bill C-11[1] provides for a new exception to infringement for user-generated content (UGC), along with new grounds for fair dealing. These provisions, combined with a strong and clear message from the Supreme Court of Canada’s pentalogy of copyright cases regarding users’ rights and the copyright balance, signal a new paradigm for copyright law in Canada—one […]
The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective.
Watching a television program only to have it cut to commercial during a dramatic scene has always been a frustrating, yet accepted, experience for those of us watching primetime television - until now. The Dish Network recently released technology which allows viewers to skip through commercial breaks, much to the dismay of broadcast networks, and […]
Just because technology now exists to track a person through their mobile phone does not mean you are legally entitled to do so. This was the main conclusion by the Supreme Court of New Jersey in their unanimous, groundbreaking geolocational privacy decision in State v. Earls.
On July 15th, 2013, Judge Walton of the US Foreign Intelligence Surveillance Court (“FISC”) granted a motion put forward by Yahoo on June 14th, which called for the release of more details about the government’s push in a 2008 case to obtain user data under the Protect America Act.
As of July 25th, WIPO has rejected all of the first 14 Legal Rights Objections (LRO) filed in response to applications for the registration of new generic Top Level Domains (gTLDs). While there are still over 50 Objections yet to be decided, the rejection of all the objections so far have some commentators beginning to question the effectiveness of the process.