Another Win for Nintendo Giant: A Review of the Federal Court’s Decision on Technological Protection Measures

Monica Carinci Student Writer, Windsor Law LTEC Lab J.D., 2018   In 2012, a separate legal framework was added to Canada’s Copyright Act (“the Act”), which prohibits the circumvention of technological protection measures (“TPMs”) and manufacturing and offering for sale devices that allow for the circumvention of TPMs. This framework was first applied by the Federal Court earlier this year in Nintendo of America Inc v Go Cyber Shopping (2005) Ltd et al., 2017 FC 246. Nintendo has been vehemently battling the piracy of its video games in different jurisdictions, and the Canadian decision illustrates the far reaching application of TPMs in Canada.   What are technological protection measures?   Under s. 41 of the Act, TPMs are defined as “any effective technology, device, or co ...

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Professor Ryan Calo presents his work on “Robots at Common Law” at Windsor Law LTEC Lab seminar

  Monica Carinci Student Writer, Windsor Law LTEC Lab J.D., 2018   On September 21, 2017, LTEC Lab hosted its first event of the year, a talk entitled, “Robots At Common Law,” delivered by Lane Powell and D. Wayne Gittinger Associate Professor Ryan Calo of the University of Washington School of Law. Professor Calo is a leading scholar in the emerging field of robotics law. He is a co-director of the Tech Policy Lab at the University of Washington, an interdisciplinary research group comprised of experts from computer science, engineering, information science, and law. He is also a co-editor of Robot Law, a book on the subject, and a co-founder of We Robot, an annual conference that brings together lawyers and other professionals to discuss the legal and policy issues raised by robotics. &n ...

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Outdoor Legal Education: An afternoon at the museum with Wafaa Bilal

Photo inside the Art Gallery of a bench in front of a wall with 3 pictures

In this blog, Professor Pascale Chapdelaine discusses the pedagogical value of taking law students outside the classroom through a unique experience she had when she and her copyright law students visited the Art Gallery of Windsor, Ontario in the spring 2016. Read more…..  

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Canada’s Emerging Artificial Intelligence Leadership and the Need for Good Policy

Joanna Pawlowski Research Assistant, Windsor Law LTEC Lab J.D., 2019   Artificial intelligence is a significant and growing part of our daily lives. Artificial intelligence is a field of computer science research that studies and develops intelligent machines that act and work like humans through the use of techniques like machine learning (providing computers with the ability to learn patters from data, rather than being directly programmed with those patterns). Today, not only is artificial intelligence prevalent across many prominent industries (manufacturing, healthcare, transportation, and customer service), but artificial intelligence already possesses the generic powers of creation and destruction. Google’s Deep Dream creates its own art using its machine learning algorithms, while ...

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Attorneys on Amazon? Online Marketplaces for Legal Services

Man sitting at laptop computer searching the Law Society of Upper Canada- Law Society Referral Service Website

Noel Semple Assistant Professor University of Windsor, Faculty of Law   For an individual with a legal need, shopping intelligently for a law firm can be a frustrating experience. It is difficult to get any objective information about price or quality, and comparison-shopping is arduous. Are online marketplaces, which play an increasingly central role in the consumer economy, part of the solution to this access to justice problem?   The Canadian Bar Association thinks so.  The CBA’s Futures Report called for a “full-blown technology-enabled marketplace where sellers of legal services can present their offerings, credentials and fee structures.”  In such a marketplace, consumers would be able to “choose the types of services they wish to purchase,” and “investigate a s ...

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Global Takedowns on Google: Canada leading the way, but are we going in the right direction?

Google Logo

Monica Carinci Student Writer, Windsor Law LTEC Lab  J.D., 2018   On Thursday June 28, 2017 the Supreme Court of Canada (the “SCC”) released its highly anticipated decision in the Google Inc. v Equustek Solution Inc. case. The case involves the intersection of censorship, freedom of expression and anti-competition in the context of technology.   Equustek, a manufacturer of networking devices, sought an injunction that would force Google  to de-index the website of Equustek’s distributor-turned-competitor, Datalink. Datalink was formerly a distributor of Equustek’s products, until Equustek sued Datalink for infringing its intellectual property rights in 2011.  Datalink passed off Equustek’s products as their own by relabeling and repackaging the goods, and also used trade secrets ...

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Architectural Drawings, Drafting Software, and the Scope of Copyright Protection-

Photo of Dragana Bukejlovic standing in front of brick wall.

Dragana Bukejlovic Student Writer, Windsor Law LTEC Lab J.D., 2018 June 21, 2017 Technological advancement has had a substantial impact on many industries throughout the last century.  Computer software has enabled professionals and every day users to perform their work in a more efficient way. Drafting software has had an impact on the architectural industry in particular. Gone are the days of architectural technologists and architects manually drafting hundreds of pages of blueprints or manually constructing 3D models of proposed buildings. Prior to attending Windsor Law, I worked as a Junior Mechanical Estimator. I was trained to read mechanical drawings, and while I am now in law school, I have taken opportunities to bridge my previous work experience with areas of the law I am explori ...

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To Scan or Not to Scan

Monica Carinci Student Writer, Windsor Law LTEC Lab  J.D., 2018   In 2012, the Copyright Modernization Act came into force, adding “education” to the list of fair dealing purposes that do not infringe copyright. Concordia University’s Centre for Expanded Poetics [the “Centre”] appears to have either relied on the expanded definition of fair dealing, or on their licence agreement with a copyright collective; since as early as 2015, the Centre has scanned books written by poets and made these texts available online for students and the general public to access for free. This activity went unnoticed until earlier this year, when the Writers’ Union of Canada and The Globe and Mail contacted the publishers of the texts reproduced online and asked if the Centre had requested their permissio ...

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A Pivotal Technology in the Development of Gene Therapy: The ongoing CRISPR-Cas9 patent battle

Aaraf Dewan, M.Sc. Student Writer, Windsor Law LTEC Lab  J.D., 2019   On February 15,2017, the United States Patent and Trademark Office (USPTO decided to uphold the patents from both Feng Zhang and Jennifer Doudna regarding the CRISPR-Cas9 gene editing technology. The USPTO rejected Doudna’s claim that Zhang’s patents, had interfering claims with her earlier patents on the CRISPR-Cas9 technology. These patents cover biotechnology which could be adopted for gene therapy procedures in hospitals. Gene therapy procedures have the potential for curing many diseases like cancer and Alzheimer’s which we are currently unable to adequately treat using drug therapy. Due to their implications in medicine. patent battles over technology capable of being used in gene therapy are extremely importa ...

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Blockchain has the potential to remake the internet landscape. Are we ignoring the legal and regulatory risks?

Muharem Kianieff Associate Professor University of Windsor, Faculty of Law   Satoshi Nakamoto[1] is a name that most people associate with the development of Bitcoin, the famous crypto-currency payment system that promises to make direct peer to peer payments between individuals without the use of an intermediary.  While Bitcoin has yet to displace traditional payment mechanisms as means of transacting, the underlying infrastructure of Bitcoin, the Blockchain, may prove to be Nakamoto’s most enduring invention.  It is this underlying internet infrastructure that is said to be ushering in what some commentators have referred to as the Internet of Value as distinct from the first iteration of the Internet, the Internet of Information.[2]   The Blockchain is a sophisticated network ...

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