CMN 2170 Chapter Notes - Chapter BMG v. Doe: Copyright Law Of Canada, Extraterritoriality, Fide

• School: University of Ottawa
• Department: Communication
• Course: CMN 2170
• Professor: Mark Lowes

Document Summary

Test supreme court said ought to have been applied: They erred - the test is simply where is the server. Test was too narrow, internet communication is too complex. Correctness test - assess the correctness of the test o! A real and substantial connection test ought to have been applied. Connection between - canada and the communication in question. Criteria: the situs (of host server, content provider, the user, etc) In this case: communication in question is file sharing of music files. Concerned with: application & scope of canadian copyright. Challenge: canadian copyright laws on an international medium (internet) - test needs to reflect its complexity. Comity - principle of reciprocity that applies in international law. Extraterritoriality - whether or not canada"s copyright laws apply when infringement carried out over the internet. Third party is of significance - intermediaries o! Party a wants to sue party b for copyright infringement o!