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Ipilogue

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


‘Operation In Our Sites’

Jul 15, 2010 1 min read
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Michael John Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School On the morning of July 1st a common thread rippled throughout my email inbox; the topic related to movie streaming sites, or perhaps better said, a lack thereof.  After a few key strokes I learned that this streaming website […]

Copyright Termination: How Authors can Reclaim their Copyrights

Jul 13, 2010 1 min read
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Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. To help protect authors, the U.S. Copyright Act of 1976 provided for inalienable termination rights, rights unique to the United States. An inalienable termination right means that when an author assigns their copyright rights to a publisher, and even if that assignment agreement stipulates […]

Henley v. DeVore: Musical Copyright Protection and Political Parody

Jul 12, 2010 1 min read
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Robert Dewald is a JD Candidate at Osgoode Hall Law School The race for political office is competitive and fraught with risk where adversaries seek out support by advertising and creating political platforms to appeal to the majority of voters.  As the cost of political campaigns mount, politicians on the campaign trail seek advantages whenever […]

Uncovering the IP in eHealth Records: Who Should Own Your Medical History?

Jul 9, 2010 1 min read
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Steven Zuccarelli is a 2012 J.D Candidate at Osgoode Hall Law School As technology in health care races ahead, individuals will readily imagine innovative, cutting edge medical techniques that may cure them of an ailment, or perhaps extend the length of their years.  However, an often-overlooked feature of technologically advanced health care is a unified, […]

Bilski v. Kappos: Business methods are patentable (probably)

Jul 7, 2010 1 min read
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Stuart Freen is a JD candidate at Osgoode Hall Law School. The Supreme Court of the United States last week released what was likely the most highly anticipated patent case of the year: Bilski v. Kappos. It was the decision that many had hoped would settle once and for all the nagging issue of whether […]

Trademark Ownership: The Legitimacy of the "Free-Rider" Argument and its Significance in Canadian Jurisprudence

Jul 5, 2010 1 min read
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Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Professors Mark A. Lemley and Mark P. McKenna have identified an area of American trademark law that has, in their opinion, received insufficient attention: the “free-rider” argument. This argument contends that trademark owners should be protected from parties that […]

Viacom v. YouTube: U.S. District Court sides with YouTube

Jul 4, 2010 1 min read
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Nathan Fan is a JD candidate at Osgoode Hall Law School. The Southern District Court of New York has sided with YouTube in a decision released on 23 June 2010. In his summary judgment, Judge Louis Stanton held that YouTube qualified as a “service provider” operating within the confines of the DMCA § 512 safe […]

Privacy Expectations on Employer-Owned Devices, City of Ontario v. Quon

Jul 1, 2010 1 min read
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Michael John Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School A short while ago, while sitting in the living room at the home of my nurse friend, I noticed a brand new smart phone sitting on her couch side table.  I picked it up and began to play with […]

Bill C-32 – An Anticipatory Requiem for What We’ll Lose

Jun 29, 2010 1 min read
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Bob Tarantino is a lawyer in the Entertainment Law Group of Heenan Blaikie LLP. He holds graduate degrees in law from Osgoode Hall Law School and the University of Oxford. There are hopefully few who would object to efforts to simplify or make shorter the Copyright Act (Canada) – any piece of legislation which boasts […]

A Question of Intent: Expired Patents and False Markings

Jun 29, 2010 1 min read
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Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. The United States Court of Appeals for the Federal Circuit has recently decided the case of Pequignot v. Solo Cup Co. between Matthew Pequignot, a licensed patent attorney, and the Solo Cup Company (“Solo”), a company that manufactures disposable cups, bowls, plates, and utensils. […]