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Articles
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 This article, published in the Telecommunications Journal of Australia, contributes to the growing body of network neutrality literature by describing and commenting on recent developments in Canada. There have been and still are ongoing industry practices, regulatory policy proceedings, judicial decisions and pending litigation, and legislative proposals relevant to the issue of network neutrality in Canada. While most of the network neutrality literature has an economic focus, this paper dwells more on implications for Canadian culture. Though the dominant technological and economic discourses about issues like innovation and competition cannot be ignored, these are not the only paradigms with which to frame regulatory and other decision-making. Ultimately, this paper recommends a light-handed cultural policy response – one that clearly imposes neutrality obligations but does so in a principled rather than prescriptive manner.
Because I've granted the journal's publisher a 3-month window of exclusivity, you can't download the full paper yet. You can, however, access the article with a paid subscription to the TJA via its website, or email me and I'll be happy to provide you with a copy.
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 This article was published in the Canadian Legal Eduaction Annual Review (CLEAR), 2008. It examines the legal issues that arose when the Stanley Cup was not awarded on year because of a labour dispute between the National Hockey League and its players. I trace the history of the Stanley Cup trust, and describes the events surrounding the 2004-2005 lockout, including a lawsuit over ownership of the Cup. I show that a case study of the Stanley Cup can be a rich resource for teachers of property law and that it can enliven the sometimes dreary subject of property law.
CLEAR is available from Thomson Carswell here.
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Last Updated on Sunday, 10 May 2009 |
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 This research, published in the Canadian Business Law Journal, explores legal strategies to profit from "peer production" of digital content. I use the term "profit" broadly, to connote financial as well as social, cultural and democratic gains possible in the networked information economy. It used to be that creators would create and consumers would consume. No more. While digital content production in the 20th century was characterized by centralized, hierarchical models, the 21st has brought about decentralized and organic modes of digital production.
New legal strategies are required to capitalize on the opportunities available in this new environment. This paper begins by analyzing the potential legal liabilities of firms dealing with peer produced content, and the safe harbours protecting those firms. It then examines strategic commercial responses to legal uncertainties, and suggests best practices and policies for enabling and profiting from peer production.
Download right here or from bepress here.
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Last Updated on Sunday, 10 May 2009 |
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 This book chapter was co-written by me and my colleague at the University of Ottawa, Michael Geist. It was just published by McGill-Queen's University Press in the 2007 volume of the book series, Canada Among Nations, which for twenty years has brought together leading
scholars, practitioners, journalists, and members of the NGO community
for an assessment of the country's foreign policy. The books in the
series are widely adopted in Canadian foreign policy and international
relations courses and have become a major publication of record on
Canada's policies and actions in the world.
In the chapter, the new global intellectual property framework is explored in order to identify what room to maneuver exists for Canadian foreign and domestic policies. By taking advantage of flexibilities in existing international agreements and promoting progressive attitudes toward new international initiatives, Canada can advance its own interests while simultaneously facilitating social and economic development in other parts of the world. To seize this opportunity, Canada should leverage its technocratic expertise to positively influence global knowledge governance policies and implement domestic reforms as ‘middle-ground’ models for the information society. Adopting the incisive strategies proposed here will se cure a leadership role for Canada in the world’s new knowledge economy.
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Last Updated on Sunday, 10 May 2009 |
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In this article, published in the Bulletin of Science, Technology and Society, Vol. 27, No. 4, August 2007, 287-300, I examine the rationale for a tort of “biotrespass”. Given the rapid and continuing advancements in biotechnology, synthetic biology and nanotechnology, questions of liability will continue to arise. Recent Canadian cases concerning Monsanto’s liability for crops contaminated by the spread of genetically modified seeds have neither adequately decided nor correctly considered the issue.
Although the torts of nuisance and negligence may be appropriate in some circumstances, I argue that trespass should be considered a relevant cause of action. I identify the doctrinal and practical obstacles to adapting the legal principles of trespass to accommodate advances in biotechnology. Those obstacles include i) the meta-physicality of molecular trespass; ii) the liability of patent licensors for the actions of licensees; and iii) the relevance of intervening forces to the question of directness. I show how those obstacles can be overcome by drawing analogies to “cybertrespass”, landlord-tenant law, and well-established laws concerning strict liability for wandering animals. The paper concludes that biotrespass can be a viable cause of action, if crafted carefully and understood properly.
An amended final version is available through Sage Publications here, or by email from me. A close-to-final version is available to download right here. The paper can also be downloaded from SSRN here or bepress here.
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Last Updated on Sunday, 10 May 2009 |
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About Me
I am an Associate Professor at the University of Ottawa's Faculty of Law. My expertise is in the area of technology and intellectual property law. Read more details or follow me on twitter.
Mindmaps
Mindmaps for classes and presentations are online here.
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