Posts tagged with: "accc"
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24 Jul 2012, 1:33 am by war
Following on from yesterday’s post, @davidstarkoff points out that: the transcript of the special leave application can be found here; and in due course, the submissions will appear here. The hearing of the appeal has been fixed for 11 September 2012. Share on Facebook [read post]
23 Jul 2012, 1:20 am by war
Apparently, back on 25 June the High Court granted Google special leave to appeal from the Full Federal Court’s ruling that Google is liable for the misleading ads placed by advertisers. Maybe the internet will be able to keep working in Australia after all. Austlii is only up to 20 June, at the time of posting. Lid dip “Law Geek Down Under“ Share on Facebook [read post]
14 Jun 2011, 7:52 am by Howard Knopf
As I outlined here on June 9, 2011, AUCC filed a request to the Copyright Board to amend the interim tariff that was awarded to Access Copyright ("AC") just hours before last Christmas.  AUCC is concerned that AC is allegedly now refusing to issue "transactional" licenses, i.e. licenses for one or a limited number of works at a time. This precise point had been foreseen and an appropriate order had been sought by Athabasca University at the time of the submissions on the interim tariff. None of the… [read post]
10 May 2012, 9:07 pm by war
According to the Age today, a number of (fashion) importers have agreed with their overseas manufacturers that the manufacturers will not supply orders to online purchasers in Australia: Importers close door on overseas online stores by Rachel Wells. The Gerry Harvey-esque arguments about how GST makes local retailers uncompetitive get a run again but, as previously noted, Prof. Gans is not convinced by that (in the context of digital downloads). This announcement seems like particularly good timing… [read post]
5 Feb 2013, 3:50 pm by war
The High Court has unanimously allowed Google’s appeal from the Full Federal Court’s ruling that Google was liable for misleading or deceptive statements in sponsored links. According to the Court’s summary (pdf): The High Court unanimously allowed the appeal. Google did not create the sponsored links that it published or displayed. Ordinary and reasonable users of the Google search engine would have understood that the representations conveyed by the sponsored links were those of… [read post]
15 Apr 2012, 8:39 am by war
The Full Federal Court in Australia does. The ACCC has successfully appealed the Google Adwords case for misleading and deceptive conduct. So, for example, Alpha Dog Trainging has been operating a dogtraining business for 12 years. Dog Training Australia (Ausdog) bought ads on the keywords Alpha Dog Training through Google’s Adwords program. One ad generated was: Alpha Dog Training All Breeds. We come to you. No dog that can’t be trained. Instead of being taken… [read post]
9 Nov 2011, 11:21 pm by Michael Geist
The Association of Canadian Community Colleges (ACCC) is the national, voluntary membership organization created in 1972 to represent colleges and institutes to government, business and industry, both in Canada and internationally. The ACCC has been outspoken on copyright reform and included the following in its comments on the digital lock rules: The digital-locks amendment will, in effect, severely limit how one can access and use digital information. In practice, this would mean that… [read post]
6 Sep 2012, 1:20 am by Michael Geist
It has been nearly two months since the Supreme Court of Canada issued its landmark five copyright decisions. In the aftermath of those decisions that provided a strong defense of users' rights and fair dealing, I have written multiple posts on the implications for education and Access Copyright. These include an analysis of why the decisions eviscerate the Access Copyright business model, why the shift away from Access Copyright does not mean the end of payment for educational copying, and a… [read post]
29 May 2012, 7:31 pm by Howard Knopf
The Association of Canadian Community Colleges has just struck a deal with Access Copyright. It is similar to the AUCC deal - with one big difference. It’s for $10 per student per year and not $26 as per AUCC and $27.50 as per UofT/UWO. Here’s the model license.So why the difference? AC has suddenly and conveniently determined that “Although we have little data regarding digital copying on campuses, historical coursepack usage data indicates that universities copy 2.6 times more than… [read post]
13 Aug 2012, 5:01 pm by Howard Knopf
The other shoe has dropped in the Cambridge v. Georgia State(GSU) case, where a lengthy 350 page decision was issued on May 11, 2012. In that decision, the University prevailed in 94 of 99 copyright claims. The Court at that time provided some very useful steps towards the evolution of predictable guidelines that can be used to determine fair use/fair dealing in the context of e-Reserves in the university milieu.On August 10, the Court followed up by declining to issue an injunction for a number… [read post]
12 Jun 2012, 1:38 pm by Howard Knopf
One Canadian university has just posted the following as part of its "COPYRIGHT GUIDELINES (based on the guidelines set by ACCESS COPYRIGHT)":1. FAIR DEALING (copying not sold in the Bookstore)The Canadian Copyright Act indicates that the copying of a work for the purpose of research, private study, criticism, review, or news reporting is justified as Fair Dealing. This applies to all works and does not require permission from the rights holder. [XXXX] University remits an annual fee (based on FTE)… [read post]
1 Jul 2013, 9:01 am by admin
July 1, 2013 In a recent case announced by the Australian ACCC, Australia’s antitrust agency said that supermarket chain Coles has paid six infringement notices totaling $61,200 for allegedly misleading country of origin claims contrary to the Australian Competition and Consumer Act (see: Coles pays infringement notices for alleged misleading country of origin claims). According to the ACCC, Coles had displayed some imported naval oranges and kiwi fruit beneath price boards that read… [read post]
30 Nov 2013, 3:18 pm by Howard Knopf
Below are some recent filings at the Copyright Board concerning Access Copyright’s proposed post-secondary tariffs. Prof. Ariel Katz is trying to convince the Board to seek a “reference” to the Federal Court of Appeal on the fundamental legal issue of whether a tariff is “mandatory”.  At the same time, AC is suddenly attempting at the last moment to “consolidate” its 2014-2017 tariff hearing with that for 2010-2013, which is scheduled to begin on… [read post]
6 Nov 2013, 3:41 pm by Howard Knopf
Here’s Prof. Ariel Katz’ fascinating, erudite and very important submission to the Copyright Board dated November 6. 2013 requesting it to refer the issue of a “mandatory tariff” to the Federal Court of Appeal and to stay the hearing scheduled to begin on February 11, 2014 the determination of such a reference. He is one of the only two apparently active remaining participants opposing AC’s Post-Secondary Tariff proceeding at the Copyright Board, now that AUCC and ACCC… [read post]
17 Sep 2013, 12:08 pm by Howard Knopf
Access Copyright has now filed its “Statement of Case” at the Copyright Board for the forthcoming Post-Secondary hearing set to commence on February 11, 2014. Here is the “OVERVIEW” of AC’s case in AC’s own words:1.     OVERVIEW2. Access Copyright will submit that the value of the tariff to be certified by theBoard is $26.00 per FTE for Universities and $10.00 per FTE for all other EducationalInstitutions (as those terms are defined… [read post]
1 Nov 2013, 2:30 pm by Howard Knopf
There were at least four items of interest online in the last couple of days:Here's my blog entitled: AC & the Post-Secondary Tariff: “And Then There Were None”? - or - “It Ain’t Over Till It’s Over”? Here's a University Affairs article, also from entitled:Access Copyright lawsuit against York is first test of fair-dealing guidelines: The outcome of the case could have wide-reaching implications for Canada’s educational institutions.Frankly, this UA… [read post]
12 Jul 2011, 7:01 pm by Howard Knopf
fThe University of Northern British Columbia (“UNBC”) hosted an excellent two day  conference on June 23 and 24, 2011  of the “ABC” copyright group (Alberta + BC), an informal coalition which comprises various professionals in post secondary institutions  whose jobs involve advising on copyright issues. I was honoured to be the keynote speaker.  An audio recording of my talk will be posted in due course.Virtually all of the conference was devoted to Access Copyright (“AC”), and its… [read post]
14 Jan 2014, 7:17 am by Howard Knopf
This is an update regarding the pending Access Copyright hearings scheduled at the Copyright Board.Regarding the Access Copyright (“AC”) proposed Post-secondary tariff, the most important point is that the proceeding has become a default event. AUCC and ACCC withdrew long ago. CIPPIC (representing CAUT and CFS) has now withdrawn. Prof. Ariel Katz, has also decided not to file a Statement of Case, though he sent a letter making some very important submissions, as is explained below. The… [read post]