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Channel: Antitrust / Competition Law – Ariel Katz
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The Voice of Canadian Universities?

I suppose that I shouldn’t have been really surprised, but I am. The Association of Universities and Colleges of Canada (AUCC), which on its website calls itself The Voice of Canadian Universities, has...

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Fair Dealing’s Halls of F/Sh/ame

On May 15, 2012 the University of British Columbia announced that it would not sign a license agreement with Access Copyright, and immediately was inducted into Canada’s Fair Dealing Hall of Fame. “We...

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Keep Calm, Opt Out, and Carry On

One of the questions that troubles many Canadian universities who need to decide whether to accept Access Copyright offer-that-they-can’t-refuse is what will be the consequences of not signing the...

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Copyright Taxation Without Representation

The Copyright Board of Canada and that various tariffs that it certifies rarely attract media attention. But a tariff recently certified received coverage by most major media outlets. That tariff,...

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The Canadian Library Association on Access Copyright Licenses: Dislike

The Canadian Library Association has issued a “Statement on Licenses with Access Copyright in Post-Secondary Institutions“. CLA thinks, quite correctly, that these licenses are uncool. While viewing...

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Brief of 25 Intellectual Property Law Professors in Kirtsaeng v. John Wiley &...

I’m one of the signatories of an amicus brief filed with the US Supreme Court in Kirtsaeng v. John Wiley & Sons. The case involves parallel importation of books and whether the first sale doctrine...

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The Orphans, the Market, and the Copyright Dogma

My paper The Orphans, the Market, and the Copyright Dogma: A Modest Solution to a Grand Problem is now posted on SSRN. I presented an earlier version at the Berkeley Orphan Works and Mass Digitization...

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Eviscerated or Not: More on the Access Copyright Question

In a lengthy post last week, Barry Sookman responded, and attempted to refute, Michael Geist’s analysis of the implications of the recent Supreme Court of Canada’s decisions on Access Copyright and its...

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The New Google-AAP Settlement: Some Questions and Antitrust Speculations

The Publishers Weekly reported yesterday that “The Association of American Publishers (on behalf of five named publisher plaintiffs) and Google today announced they have settled their long-running...

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Australian Educators: Repeal the Education Statutory License, Expand Fair...

The Australian Copyright Advisory Group Schools (CAG Schools), an organization representing over 9000 schools and Australia’s 3.5 million schools students urges the repeal of the Education Statutory...

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Why the DOJ (Antitrust Division) should intervene in the GSU case

Earlier the previous week the US Department of Justice announced that it reached a settlement with McMillan in the antitrust e-books case, following previous settlements with the other four book...

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Berkeley Technology Law Journal on Orphan Works

Volume 27(3) of the Berkeley Technology Law Journal is now published. This issue is based on last year’s Orphan Works & Mass Digitization: Obstacles & Opportunities Symposium. It contains eight...

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A Lazy, Ignorant Company of Stationers, To Say No Worse of Them

Locke and I: Part 1   “By this act England loses in general, scholars in particular are grounded, and nobody gets, but a lazy, ignorant Company of Stationers, to say no worse of them.” John Locke...

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Scholars are Subjected to the Power of These Dull Wretches

Locke and I: Part 2 Continued from Locke and I: Part 1 [T]he Company of Stationers have obtained from the Crown a patent to print all, or at least the greatest part, of the classic authors, upon...

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The Company of Stationers Minding Nothing But What Makes for Their Monopoly

Locke and I: Part 3 Continued from Locke and I: Part 2   “[A]s all things that are good in this act, the Company of Stationers minding nothing in it but what makes for their monopoly.” John Locke...

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Isn’t that great?

I love the UofT library system. For me it’s no wonder it has been ranked again as one of the top three research libraries in North America. And if that’s not enough the library is launching a new...

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Ottawa, we have a problem

Canada’s education system is facing a potentially-serious problem. While many educational institutions believe, correctly in my view, that they have better alternatives to comply with the Copyright Act...

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Fair Use for the Google Goose; Fair Use for the Book Gander

While many in the library, research, and technology communities have hailed Google’s recent fair use victory, some have expressed skepticism about who is the real beneficiary of the ruling. Some...

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Fair Dealing’s Halls of Fame and Shame – 2013 Holiday Edition

On May 15, 2012 the University of British Columbia announced that it would not sign a license agreement with Access Copyright, and immediately was inducted into Canada’s Fair Dealing Hall of Fame. “We...

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Beyond Refusal to Deal: A Cross-Atlantic View of Copyright, Competition, and...

Conventional wisdom holds that the European Union has opted to apply its competition law to the exercise of intellectual property rights to a much greater extent than has the United States. In a new...

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