Michael Geist

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TPP protest at Washington, D.C, Chamber of Commerce by Vision Planet Media (CC BY-NC-ND 2.0) https://flic.kr/p/Ayc5Qd

The Trouble with the TPP, Day 1: U.S. Blocks Balancing Objectives

The debate over the merits of the Trans Pacific Partnership is likely to play out in Canada and other TPP countries throughout 2016. While it seems likely that the treaty will be signed in early February (February 4th is the earliest possible date for the U.S. to sign), decisions on whether to ratify the agreement will extend into 2017 and beyond. I’ve already posted some thoughts on the TPP’s digital policy implications (and spoken about the issue in this speech and on this panel) but wanted to expand on the trouble with the TPP in more detail. With that goal in mind, I plan to post each weekday until February 4th on problems associated with the TPP. The series will include posts on copyright, privacy, Internet governance, and many other issues.

The Trouble with the TPP series starts with the slimmed down objectives of the intellectual property chapter. Leaked versions of earlier drafts shows that most TPP countries (including Canada) were supportive of expanded objectives that emphasized balance, the public domain, and timely access to affordable medicines. The full objectives provision, supported in full or in principle by New Zealand, Chile, Peru, Vietnam, Brunei, Malaysia, Singapore, Canada, and Mexico stated:

January 4, 2016 — 16 comments — News

Computer Keyboard by Marcie Casas (CC BY 2.0) https://flic.kr/p/99xKiL

The Letters of the Law: 2015 in Technology Law and Policy

With new trade agreements, a new government, new court cases, and new rules governing the Internet, law and technology issues garnered headlines all year long. My weekly technology law column (Toronto Star version, homepage version) takes a look back at 2015 from A to Z:

A is for the Ashley Madison data breach, which affected millions of people and placed the spotlight on online privacy.

B is for Bill C-51, the anti-terrorism bill, which became a flashpoint political issue on striking the right balance between surveillance and civil liberties.

C is for CBC v. SODRAC, a Supreme Court of Canada decision released in November that reinforced the significance of technological neutrality in copyright. The court sided with SODRAC, a copyright collective, on the need for payment for certain uses of music but ruled that an earlier rate-setting exercise had failed to account for the technological neutrality principle.

December 30, 2015 — 4 comments — Columns

The Battle Over Uber: Mapping Out a Regulatory Compromise

The very public fight over ride sharing services such as Uber was in the spotlight again last week as taxi drivers took to the streets in Toronto to protest against the ongoing availability of unregulated services. The result was a public relations nightmare: drivers comparing Uber to ISIS, engaging in dangerous activity with cars on the road, slowing the ability for an ambulance to arrive at its destination, and even injuring a police officer riding a bicycle.

My weekly technology law column (Toronto Star version, homepage version) notes that the hysterics are unlikely to generate much support from the public, but they do point to the need for local municipalities to address the festering policy issue. Uber and other ride sharing services are too popular among consumers to be banned. Nor should they be. The injection of new competition and innovation is good for the public, offering more consumer choice and new economic opportunities for drivers. Indeed, much of the demand for alternatives reflects frustration with poor service that can emerge in an artificially closed market.

December 15, 2015 — 5 comments — Columns

Beatles Vinyl by Erwin Bernal (CC BY 2.0) https://flic.kr/p/axnRZ4

Competition Tribunal Gives Go Ahead for Price Maintenance Claim Against Music Industry Giants

The Competition Tribunal has granted leave to Stargrove Entertainment, the Canadian music label that has published public domain recordings from the artists such as the Beatles, to pursue a Competition Tribunal complaint against some of the giants of the music industry. The complaint targets the Canadian Music Reproduction Rights Agency (CMRRA), Universal Music, Sony Music, and several music publishers. I wrote earlier about Stargrove’s complaint and noted the backroom lobbying campaign that succeeded in obtaining a copyright term extension in Canada for sound recordings.

Despite strong opposition from the music industry, the Tribunal granted leave to pursue a complaint of price maintenance in violation of the Competition Act. The Tribunal concluded:

December 15, 2015 — 8 comments — News

https://www.youtube.com/watch?v=4YgQuoOV6tg

Technology and the TPP: A Panel Discussion

Last month, the University of Ottawa hosted a standing room only panel on technology and the TPP featuring Burcu Kilic, Carolina Rossini, Jeremy deBeer, Tamir Israel and myself. The panel was moderated by Loris Mirella, the lead IP negotiator on the TPP for the Canadian government. A full video of the event is posted below.