CMN 2170: Lecture #16 March 19th 2013
Champerty – prohibits a party from joining a case without genuine vested natural interest in the case.
Definition: An agreement made illegally where a person agrees to pay someone else’s legal fees in return
for a share of the proceeds.
Nature of artists’ rights
Different sources of infringement
Origins of moral rights
attaches to the providers of an internet based service?
In this context, a test is a problem solving tool
What constitutes public communication in Canada
Engaging in P2P file sharing type of communication that it constitutes the Internet as a Medium in question
You cant apply a tariff to a party without a legitimate legal reason.
Content neutral the actions of an ISP. The actions that meet the criteria of section 2.4 1b .
Exempt from copyright act In SOCAN they rebut this argument.
The only real involvement ISPS have is the infrastructure, So Can is arguing that they are not content
neutral because of caching.
Caching is the activity that ISPs engage in that remove their protection under the Copyright Act Sec 2.4 1b
SOCAN argues that ISPs can use caching not just for efficiency but for users to engage in criminal activity.
This is an intermediary used to engage in illegal activity.
The test to determine whether copyright infringement has occurred is too narrow of a test to determine all
publications The fundamental question that this test asked is where the