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
The music industry which includes songwriters, performers, publishers and music labels, believes it is increasingly being shortchanged through technological advances, namely the internet and applicable software, which facilitate the sharing, transferring, dissemination of files and in effect, the pirating of copyrighted music. A novel approach to addressing this concern, spearheaded by chief proponent on behalf […]
I feel quite excited seeing people claiming a big triumph of open source on the decision of the U.S. court ruling on Jacobsen v. Katzer case. However, after a closer examination I felt that this is, as Prof. D’Agostino described Robertson v. Thomson, a case where it is hard to tell winner from loser. The […]
Over the last thirty years, investment in the research and development of pharmaceuticals has risen dramatically. However, the availability of new drugs has not matched the rise in investment. Instead, Michael Heller has found that the pharmaceutical industry is stuck in a “patent gridlock”[1], where patent owners are blocking inventors from using patented products and […]
Following late nights out this past August, I could count on getting home, turning on the TV, and catching an Olympic event as it occurred live. My favourite was women’s gymnastics. What I failed to realize at the time, however, was just how meticulously orchestrated the 2008 Beijing Olympic games actually were- and by this […]
In 2006, Jason Fortuny was posting a fake ad on Craigslist. He pretended to be a 27 –year-old female bondage enthusiast. She (Jason) was looking for a “white or latin man … to give intensive pain and discipline.” Fortuny then collected the replies, 178 in total (145 of them with pictures of men showing them […]
In March 2007 Viacom filed a $1 Billion lawsuit alleging that YouTube “actively engage[s] in, promote[s] and induce[s] [copyright] infringement”. Viacom properties such as South Park, Mean Girls and An Inconvenient Truth have been posted on YouTube.[1] For their part, YouTube has asserted a seemingly ironclad defense: Under Section 202 of the Digital Millennium Copyright […]
In recent years, Montana has been flooded by wealthy out-of-staters buying property. [1] Montana’s historic economy was built on mining, timber, railroads, ranching and energy extraction; today, the economy is regularly injected by the income resident-retirees earn from their investments. Although Montanans are reportedly weary of these out-of-staters transforming their sprawling ranch lands into a retiree’s paradise, […]
Recent decisions by the US courts and Patent and Trademark Office have suggested a move towards the rejection of software patents.[1] This is likely an attempt to resolve the issuance of junk patents, the difficulty in developing software that doesn’t infringe existing patents, and the resulting patent-troll litigation.[2] Irrespective of the current problems, software should […]
Bill C-61 gives with one hand and takes away with the other: Granting time shifting rights but excluding library building Bell’s personal video recorder (PVR) featuring an external hard drive for archiving recorded television programs premiered when Bill C-61 was debated in Parliament. However, under Bill C-61, archiving recorded programs is illegal. Time shifting is the […]
This summer, following threats of litigation by Hasbro, owner of the Scrabble board game’s copyright, the popular Facebook application Scrabulous was shut down, reworked, and relaunched as Wordscraper, featuring a new layout, design, and scoring system. In the aftermath of these events, many Facebook users and content creators are confused. Creators are wondering to what […]