CMN 2170 Lecture Notes - Lecture 19: Copyright Law Of Canada, Copyright Infringement, Fide
Document Summary
Someone makes a claim to render a judgment. There has to be test in place to provide conclusion. How many criteria apply to equitable bill of rights. Copyright infringement in canada: for infringement to occur, the server itself must be located in canada. You have to understand that an internet communication is too complex. One of the test we look for in law is correctness. The test that should have been applied is the real and substantial connection test. Can"t use this test cause the medium is international. Canadian copyright law to a communication that occurs internationally. That"s why location of the server is too narrow a test. You have a content provider that might be located in another country, there might be host server located in this country, etc. Therefore the test has to recognize the complexity of the internet. Test that reflects the complexity of the internet communication. The seitus of host server, communicator, content provider, user.