Technological Neutrality: Tension and Limitations

Pascale Chapdelaine Associate Professor University of Windsor, Faculty of Law   In this post, Professor Chapdelaine reflects on the principle of technological neutrality as applied to copyright law in recent judgments by the Supreme Court of Canada. While intuitively appealing, in particular in how the Supreme Court has applied technological neutrality to balance the competing interests of copyright holders and users, Professor Chapdelaine points to the inherent limitations and tensions that lie at the heart of the principle of technological neutrality.   Technological neutrality has been defined in the context of Canadian copyright law as the principle that the law should ‘apply equally between traditional and more technologically advanced forms of the same media,’[1] allowing t ...

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