Alberta Law Review Online Supplement

EdStelmach.ca and the Tort of Misappropriation of Personality

Darren LaRose (Third-year Law Student, University of Alberta)

Introduction

The World Wide Web has grown at a phenomenal rate since it burst into the public consciousness in the mid 1990s. As the Internet has become increasingly pervasive both in our day-to-day lives and in the world of business, it makes sense that legal disputes would arise as well. The sheer quantity of domain names available online and the potential for overlap of competing interests mean that domain disputes in particular are bound to continue increasing, at least for the near future.[1]

ADISQ vs. Heri: Can the CRTC Control Internet Radio Content?

Dave Ranson

Abstract:

Recently, the Canadian Radio-television Telecommunications Commission indicated that it may be reconsidering its 1999 decision not to regulate Internet content.  This article analyzes the legal and regulatory context in which Internet radio operates, and examines the feasibility of regulating Internet content, specifically in the context of cross-border transmissions of Internet radio content.  After reviewing the historical development of Canadian content regulations in traditional broadcasting and the current state of regulation of Canadian content in radio broadcasting, the author goes on to examine the manner in which Canadian courts have treated jurisdictional issues in the field of Internet regulation.  The author then examines historical examples of cross-border radio broadcasting in the United States, coming to the conclusion, that, given the provisions of the Broadcasting Act and the real and substantial connection test for Internet developed in Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers, the CRTC has the authority to regulate Internet content.  However given that the CRTC has less ability to ensure compliance of Internet radio through licensing, as is the case in traditional broadcasting, the effectiveness of any regulation would be questionable.

Dave Ranson

Abstract:

Recently, the Canadian Radio-television Telecommunications Commission indicated that it may be reconsidering its 1999 decision not to regulate Internet content.  This article analyzes the legal and regulatory context in which Internet radio operates, and examines the feasibility of regulating Internet content, specifically in the context of cross-border transmissions of Internet radio content.  After reviewing the historical development of Canadian content regulations in traditional broadcasting and the current state of regulation of Canadian content in radio broadcasting, the author goes on to examine the manner in which Canadian courts have treated jurisdictional issues in the field of Internet regulation.  The author then examines historical examples of cross-border radio broadcasting in the United States, coming to the conclusion, that, given the provisions of the Broadcasting Act and the real and substantial connection test for Internet developed in Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers, the CRTC has the authority to regulate Internet content.  However given that the CRTC has less ability to ensure compliance of Internet radio through licensing, as is the case in traditional broadcasting, the effectiveness of any regulation would be questionable.

Property Crimes in Virtual Worlds

Maurice C. Dransfeld (Third Year Law Student, University of Alberta)

Abstract:

In this paper, the author examines the legitimacy of various arguments with respect to whether a property interest can be found in virtual objects, and he also explores the extent to which Canadian criminal law can be extended to crimes affecting these virtual objects. The author begins by describing the types of environment these “crimes” are purported to take place in and defines “virtual crime.” He then goes on to critically consider the theories surrounding property rights in an online world including the utilitarian theory of property and the labour-desert theory of property. Subsequently, he answers the question of whether criminal law can extend to virtual worlds in relation to a these potential property interests.

Free Information Exchange or Free Riding Profit Taking? Exploring the Effectiveness of Existing Copyright Law in the Context of Online Media

Alex Coombes (Third-year Law Student, University of Alberta)

Abstract:

Changes in online content delivery raise new issues for intellectual property law. Existing doctrine, such as copyright’s fair dealing and fair use exceptions, fails to adequately describe and address the competing interests that exist in the online context. With regard to data aggregation sites such as Google News and Digg.com, a better approach to resolving potential intellectual property disputes is a revenue sharing model.

General Introduction Paper Series on Internet Law

Assistant Professor Cameron Hutchison (Faculty of Law, University of Alberta)

The Internet has revolutionized the world in which we live: we are able to communicate instantaneously with one another, to disseminate and receive information on an unprecedented scale, and to (at least theoretically) track people’s activities in cyberspace.  In these ways and more, the law has faced adaptive challenges: is old statutory language amenable to new advances in technology (consider whether “communicating to the public” in copyright law includes Internet dissemination which is received in individualized private settings)? Can common law doctrines be applied to the Internet context (consider whether spam on your computer is a trespass to chattels)?  The early debate on these issues saw academics falling into two broad camps: exceptionalists saw the Internet as sui generis:  cyberspace was a space unto itself which could not (consider the issues of jurisdiction) and, at least for some, should not be regulated.  The unexceptionalists maintained that existing legal doctrine can, and should, be applied to the Internet since activities there, like everywhere else, have real-world consequences.  The unexceptionalists seem to have won the day, though the challenges the law faces in adapting to this technology remain.