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Art, Intellectual Property, Psychology

Protected: Queering: From Alt-Art to Mainstream

There is no excerpt because this is a protected post.

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July 1, 2022
Artificial Intelligence, Intellectual Property, Litigation, Reform

UK Law Society, Future Worlds 2050

The main regulator of the legal profession has issued its predictive report on where the practice of law is headed by 2030. Not surprisingly, the future of the legal profession…

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July 1, 2021
Intellectual Property, Litigation

Privilege in IP Litigation

Section 16.1(1) of the Patent Act was last amended in 2016 to extend privilege to communications made for the purpose of seeking or giving advice with respect to any matter…

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December 29, 2021
Art, Artificial Intelligence, Intellectual Property

Brainstorm On Modernizing Copyright Law for AI and the Internet of Things

This is a very interesting reform but it isn’t going anywhere. https://www.ic.gc.ca/eic/site/693.nsf/eng/00316.html AI can’t author anything. It may create random stuff like fractals or replicate things it sees or learns,…

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August 11, 2021
Cyber-Incidents, Intellectual Property, Litigation

Summary Judgments in Copyright Claims: The War Has Changed

Courts are progressively moving away from their passive caution in matters of patent or copyright infringement where serial infringers are thriving on the slowness and inefficiency of the justice system…

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July 30, 2021

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  • Andy Warhol Foundation v. Goldsmith, More Fair Use Before SCOTUS

    October 13, 2022 /

    All eyes were on SCOTUS yesterday as the court heard arguments in the Warhol Prince case. I always look forward to copyright judgments from this court. This is another case on the application of the fair use doctrine or what I endearingly call, the “whatever-you-can-get-away-with doctrine”. Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith is a copyright dispute over a photograph of the musician Prince. The issue before the court is to decide whether a work of art is “transformative” when it conveys a different meaning or message from its source material (as the Supreme Court, U.S. Court of Appeals for the 9th Circuit, and other courts of…

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    Rossita StoyaNova

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    Augmented Reality Art Exhibitions

    July 29, 2021

    Miramax and Tarantino Lawsuit To Clarify NFT Rights

    August 22, 2022

    Galaxy Report On NFT Rights; What About Web3 to Web2 User Generated Content

    August 23, 2022
  • Facebook Hit With $175M Patent Infringement Verdict In Instagram Live

    September 22, 2022 /

    The $175M verdict awarded yesterday by an Austin, TX jury in favor of walkie-talkie company Voxer is the latest in the IP infringement portfolio of Meta, the company formerly known as Facebook, this time for using communications technology patented by Voxer in its Facebook Live and Instagram Live features. Voxer first filed its lawsuit against Facebook in 2020. In its initial 2020 complaint Voxer alleged that its founder, an army veteran named Tom Katis, began developing communications tech in 2006 after witnessing shortcomings in walkie-talkie technology during his service in Afghanistan. The complaint further laid out that the Voxer app was launched in 2011 and that Facebook representatives got in touch with…

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    Rossita StoyaNova

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    Copyrighting Copywrongs Caused By Notice+Notice – DMCA Bots

    July 31, 2021

    Privilege in IP Litigation

    December 29, 2021

    Augmented Reality Art Exhibitions

    July 29, 2021
  • Galaxy Report On NFT Rights; What About Web3 to Web2 User Generated Content

    August 23, 2022 /

    For some reason, many people still believe that buying an NFT gives them ownership over intellectual property in original works. The Galaxy Report may have found the culprit of this widespread misconception: intentional misrepresentation. As if you didn’t know that buying an mp3 doesn’t give you IP rights to the song encoded in it. You know it full well, because when you post the song on Twitch, someone will come and take it down, even though you bought the game that included the song. Right! Why would an NFT be any different? Because it is more expensive? Since when buying an expensive painting gives you the right to reproduce that…

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    Rossita StoyaNova

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    Miramax and Tarantino Lawsuit To Clarify NFT Rights

    August 22, 2022

    Protected: Queering: From Alt-Art to Mainstream

    July 1, 2022

    Andy Warhol Foundation v. Goldsmith, More Fair Use Before SCOTUS

    October 13, 2022
  • Miramax and Tarantino Lawsuit To Clarify NFT Rights

    August 22, 2022 /

    Since last year’s NFT craze, it is customary to mint unique NFT’s from original storylines and film characters as cross promotion of new and upcoming films. However, misconceptions around NFT rights (being seen as a new form of intellectual property which they aren’t), has given some individuals impetus to mint pre-existing IP rights that don’t belong to them or that have been assigned to movie studios. This is what Miramax contends Quentin Tarantino did when he launched a series of NFT’s from handwritten portions of his original screenplay, Pulp Fiction. On a first sight, it may seem that Miramax should already have all the rights in any NFT a filmmaker,…

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    Rossita StoyaNova

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    Protected: Queering: From Alt-Art to Mainstream

    July 1, 2022

    Andy Warhol Foundation v. Goldsmith, More Fair Use Before SCOTUS

    October 13, 2022

    Galaxy Report On NFT Rights; What About Web3 to Web2 User Generated Content

    August 23, 2022
  • $23M Royalties Scam On Youtube – Tip of The Iceberg – Reveals Voluntary Blindness

    August 15, 2022 /

    On Youtube, just about anyone can claim copyright in just about any video for the purpose of monetizing, regardless of whether they own a fragment of a copyright or not. You will only hear about it when someone gets too greedy (in the range of $23M) after claiming over 50,000 copyrights, buying a series of very expensive cars, getting noticed and investigated by the IRS and at least one District Attorney, and attracting over 30 counts of conspiracy, wire fraud, money laundering and aggravated identity theft. The point is, Youtube knows about it and allows it! Here is how it’s done: If you ever uploaded a video on Youtube, you…

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    Rossita StoyaNova

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    Metaverse Fashion Week 2022 and What on Earth Are NFT’s?

    July 11, 2022
  • Meta v. Meta: Facebook Sued For Trademark Infringement

    July 20, 2022 /

    Earlier this month, we discussed how the name Meta seems like a rather dubious choice for Facebook’s rebrand and how by analogy, precedent informs that the addition of the descriptive term ‘meta‘ has been deemed insufficient to meaningfully distinguish between disputed domain names.  Well, it turns out the name Meta was already taken by a VR start-up 12 years prior to FB’s name-change. Consequently, now the first Meta is suing the new Meta for damaging its brand through confusion. Oh the confusion is total! Who will prevail? I already said what I think about Facebook and the myth of it being any kind of leader in the metaverse, so I…

    read more
    Rossita StoyaNova

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    Privilege in IP Litigation

    December 29, 2021

    Galaxy Report On NFT Rights; What About Web3 to Web2 User Generated Content

    August 23, 2022

    Protected: New York Court of Appeal: No Habeas Corpus for Happy The Elephant, 2 Judges Dissent

    June 20, 2022
  • Metaverse Fashion Week 2022 and What on Earth Are NFT’s?

    July 11, 2022 /

    The Jonathan Simkhai Online Store features both virtual and regular designs. My last post on the metaverse turned into a 3000 word paper, but we only covered part of the foundation of the metaverse. I’ll take the opportunity in this post to discuss non fungible tokens (NFT). Take a deep breath. We saw that the metaverse is a spatial environment that mimics the real world by providing virtual social possibilities and simultaneously incorporating some gaming or simulation type of experiences for players to enjoy. Three dimensional shared realities, like virtual reality (VR) and augmented reality (AR) have historically been reserved to the gaming industry. Chasing Pokemons outdoors, dressing up avatars, playing e-sports…

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    Rossita StoyaNova

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    Galaxy Report On NFT Rights; What About Web3 to Web2 User Generated Content

    August 23, 2022

    Miramax and Tarantino Lawsuit To Clarify NFT Rights

    August 22, 2022

    Meet Me In The Metaverse, Anatomy of WEB 3.0

    July 4, 2022
  • Meet Me In The Metaverse, Anatomy of WEB 3.0

    July 4, 2022 /

    Being is not what it seems – Nor non-being – The world’s existence is not in the world Rumi Illuminated What is the Metaverse? The metaverse is the next version of the future of computing. It is a story of how we imagine the world The metaverse is a story we are telling of what the future of technical infrastructures might look like where you combine reality and virtual reality, high speed internet, 5G, 6G and some kind of virtual space you might occupy with other people. Facebook has very little to do with the metaverse. The most prevalent myth about the metaverse is that it is about Facebook. However,…

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    Rossita StoyaNova

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    Protected: Queering: From Alt-Art to Mainstream

    July 1, 2022

    Andy Warhol Foundation v. Goldsmith, More Fair Use Before SCOTUS

    October 13, 2022

    Augmented Reality Art Exhibitions

    July 29, 2021
  • Bell v. L3d Distributing, 2021 FC 832, Inducement of Copyright Infringement

    August 21, 2021 /

    Inducement of copyright infringement is a novel cause of action recognized for the first time in Bell Canada v. L3d Distributing where the Federal Court awarded a group of media broadcasters over $25M in statutory damages for the streaming of unauthorized content on defendants pre-programmed set-top boxes. In cases of “whack-a-mole” patterns of infringement where an interlocutory injunction is being ignored by a defendant, like in this case the interlocutory injunction was breached over 175 times and resulted in 10 amendments of the statement of claim, inducement is rather obvious and a very welcome cause of action. It is a known pattern (modus operandi) of Canadian copyright infringers to deliberately…

    read more
    Rossita StoyaNova

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    Biden v. Knight, Twitter Is Not a “Protected Public Forum”

    April 6, 2021

    Summary Judgments in Copyright Claims: The War Has Changed

    July 30, 2021

    India Ends Twitter’s Immunity For 3rd Party Content

    June 16, 2021
  • Brainstorm On Modernizing Copyright Law for AI and the Internet of Things

    August 11, 2021 /

    This is a very interesting reform but it isn’t going anywhere. https://www.ic.gc.ca/eic/site/693.nsf/eng/00316.html AI can’t author anything. It may create random stuff like fractals or replicate things it sees or learns, like text, or social media comments generated by bot farms, but when it comes to independent AI “art” you just know that something is missing, like a robot playing classical composers on the piano, no matter how perfect, it is super boring, unless it is an exact replica of a human virtuoso’s performance. It is called reproducing a sound recording as a robot. I won’t even get into (the mild horror of) musical compositions by robots. The most incompetent human…

    read more
    Rossita StoyaNova

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    Augmented Reality Art Exhibitions

    July 29, 2021

    Miramax and Tarantino Lawsuit To Clarify NFT Rights

    August 22, 2022

    Meet Me In The Metaverse, Anatomy of WEB 3.0

    July 4, 2022
  • Addiction Prevention Algorithm, Ethical Issues

    August 9, 2021 /

    Wired Magazine, in what’s hands down the most compelling article of this month, exposes a concerning facet of medical sexism where a woman suffering advanced endometriosis is denied pain medication due to algorithmic prescreening for addiction risk. The Pain Was Unbearable, So Why Did the Doctors Turn Her Away? The NarxCare algorithm screens pain patients according to their health data and prescription history, in order to determine who is entitled to pain management and who is supposed to tough it out (for their own good). In this case, the patient had a long history of legally prescribed percocet that prompted the algorithm to flag her as being at risk to…

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    Rossita StoyaNova

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    Back To Square One

    July 30, 2021

    Protected: New York Court of Appeal: No Habeas Corpus for Happy The Elephant, 2 Judges Dissent

    June 20, 2022

    EPO Refuses To Name AI as Inventor On Patent Applications

    December 28, 2021
  • Summary Judgments in Copyright Claims: The War Has Changed

    July 30, 2021 /

    Courts are progressively moving away from their passive caution in matters of patent or copyright infringement where serial infringers are thriving on the slowness and inefficiency of the justice system to keep infringing in the course of proceedings. One way to curtail the modus operandi of Canadian infringers who rarely have a valid defence as they don’t need it until a case is heard on the merits, is to cut short litigation by several years and issue summary judgments against such infringers. (see ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122) For example, in

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    Rossita StoyaNova

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    Bell v. L3d Distributing, 2021 FC 832, Inducement of Copyright Infringement

    August 21, 2021

    Galaxy Report On NFT Rights; What About Web3 to Web2 User Generated Content

    August 23, 2022

    Ransomware Decryption Tools For Windows

    February 15, 2020
  • Protected: Smartphones, Data, Wifi, And Electricity Must Be Free Of Charge To Justify Government Intrusion

    July 24, 2021 /

    There is no excerpt because this is a protected post.

    read more
    Rossita StoyaNova

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    Protected: New York Court of Appeal: No Habeas Corpus for Happy The Elephant, 2 Judges Dissent

    June 20, 2022

    Back To Square One

    July 30, 2021

    EPO Refuses To Name AI as Inventor On Patent Applications

    December 28, 2021
  • Spyware Tracks Journalists And Activists Via Microsoft

    July 19, 2021 /

    This just in. At least 100 activists, journalists and government dissidents across 10 countries were targeted with spyware produced by Candiru, according to cybersecurity researchers at the University of Toronto’s Citizen Lab, which tracks illegal hacking and surveillance. https://montrealgazette.com/news/world/activists-journalists-targeted-by-israeli-firms-spyware-researchers-say Using a pair of vulnerabilities in Microsoft Corp.’s Windows, cyber operatives operating in Saudi Arabia, Israel, Hungary, Indonesia and elsewhere purchased and installed Candiru’s remote spying software. According to Cristin Goodwin, general manager of Microsoft’s Digital Security Unit, the tool was used in “precision attacks” against targets’ computers, phones, network infrastructure and internet-connected devices,” —————– Being a frequent target of cyber-attacks (like any person in the world who needs to get…

    read more
    Rossita StoyaNova

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    New Type Of Ransomware Attack Hits 200 US Companies

    July 3, 2021

    Biden v. Knight, Twitter Is Not a “Protected Public Forum”

    April 6, 2021

    India Ends Twitter’s Immunity For 3rd Party Content

    June 16, 2021
  • Google Indexing Of Personal Information Is Subject to PIPEDA (2021 FC 723)

    July 15, 2021 /

    Ever since Equustek, Google fails to convince Canadian courts of its “non-commercial” business model and its “freedom of expression” rights under the Canadian Charter of Rights and Freedoms. Unlike the USA where Google always wins (remember Oracle and fair use not so long ago), Canada maintains a tough stance on the search engine giant. Just out of Federal Court, it was held In the Matter of a Reference pursuant to subsection 18.3(1) of the Federal Courts Act, R.S.C. 1985, c. f-7 of questions or issues of law and jurisdiction concerning the Personal Information Protection and Electronic Documents act, s.c. 2000, c. 5 that have arisen in the course of an…

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    Rossita StoyaNova

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    Andy Warhol Foundation v. Goldsmith, More Fair Use Before SCOTUS

    October 13, 2022

    Meta v. Meta: Facebook Sued For Trademark Infringement

    July 20, 2022

    Galaxy Report On NFT Rights; What About Web3 to Web2 User Generated Content

    August 23, 2022
  • EU: Prohibited Artificial Intelligence Practices

    July 5, 2021 /

    As per Article 5 of the EU Artificial Intelligence Act are prohibited the following practices consisting of placing on the market, putting into service or use of AI systems that consist of : 1.a) Subliminal techniques beyond a person’s consciousness designed to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm b) (algorithmic bias) Exploiting any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely…

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    Rossita StoyaNova

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    Back To Square One

    July 30, 2021

    Copyrighting Copywrongs Caused By Notice+Notice – DMCA Bots

    July 31, 2021

    Protected: New York Court of Appeal: No Habeas Corpus for Happy The Elephant, 2 Judges Dissent

    June 20, 2022
  • Sherman Estate and Donovan 2021 SCC 25 – Breakdown

    June 26, 2021 /

    The facts of this case revolve around the unexplained double homicide of a billionaire couple in Toronto. The estate trustees felt uncomfortable to administrate the Sherman estate under intense public scrutiny and incidentally feared for their life due to the perpetrator being unknown and still at large. The application judge sealed the probate files to protect the privacy and safety of the trustees. The Ontario Court of Appeal lifted the sealing orders concluding that the privacy interest advanced lacked a public interest quality and that there was no evidence of a real risk to their physical safety. Finally, Justice Kasirer for a unanimous Supreme Court confirmed the lifting of the…

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    Rossita StoyaNova

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    Lawyers And Open-Source Software

    September 21, 2020

    UK Law Society, Future Worlds 2050

    July 1, 2021

    Facebook Hit With $175M Patent Infringement Verdict In Instagram Live

    September 22, 2022
  • Indica Records Zip File Phishing Spam Of The Day

    June 18, 2021 /

    Over the last couple of years, I have received several spammy emails appearing to be sent from a record label employee asking me to open a zip file with my name on it, or a Word doc where I need to activate macros. Today the cyber-fraudster has replaced their name with a bogus email address to hide the actual email address. When isolating the contact, you can see that the domain of the originating email has nothing to do with Indica Records. The ljcvelmonte.cl is likely a domain from South America set up for the purpose of stealing data or attempting ransom.

    read more
    Rossita StoyaNova

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    Summary Judgments in Copyright Claims: The War Has Changed

    July 30, 2021

    Biden v. Knight, Twitter Is Not a “Protected Public Forum”

    April 6, 2021

    New Type Of Ransomware Attack Hits 200 US Companies

    July 3, 2021
  • What Is A Honeypot?

    June 15, 2021 /

    The latest buzzword in cybersecurity sounds delicious but it is also a preventive mechanism against hacking and can save time and resources in forensic analysis of cyber-breaches. Honeypots are hacker traps and they come in many forms and sizes adapted to your needs. Our tech expert Roman Blake is developing a comprehensive guide for creators and small businesses on how the strategic deployment of honeypots can place you many steps ahead of potential hackers. I am looking forward to this collaboration. In the meantime I recommend the following draft: https://cybersecuritynews.com/what-is-a-honeypot/

    read more
    Rossita StoyaNova

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    Ransomware Decryption Tools For Windows

    February 15, 2020

    Galaxy Report On NFT Rights; What About Web3 to Web2 User Generated Content

    August 23, 2022

    Biden v. Knight, Twitter Is Not a “Protected Public Forum”

    April 6, 2021
  • Vaccine Passports And Privacy

    May 20, 2021 /

    By now we must have read at least three different legal opinions on mandatory vaccination with the same inconclusive results. Not much legal precedent to allow it except in few limited cases, tons of potential liability for employers who embark on forced vaccination journey. Therefore, don’t! As for vaccine passports, here is the joint statement of Canada’s privacy commissioners on the matter. https://www.priv.gc.ca/en/opc-news/speeches/2021/s-d_20210519/ Again, there are many different ways to say the same thing about vaccine passports. They are not going to happen. At least not under the current privacy framework.

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    Rossita StoyaNova

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    BGI, le géant de la génétique chinois échappe aux lois canadiennes de protection des données

    May 6, 2021

    Protected: Bill 64; Survol de la Loi modernisant des dispositions législatives en matière de protection des renseignements personnels

    June 15, 2022
    Charte canadienne numérique

    Les 10 principes de la Charte canadienne du numérique

    June 5, 2021
  • La protection des données au Québec en danger

    April 29, 2021 /

    La présidente de la Commission de l’accès à l’information, Diane Poitras, vient de déclarer en commission parlementaire qu’elle n’a pas les ressources nécessaires pour répondre aux menaces liées aux nouvelles technologies qui utilisent les données des Québécois. Cet article fait le point sur cette nouvelle alarmante: https://www.journaldequebec.com/2021/04/29/commission-de-lacces-a-linformation–le-pauvre-chien-de-garde-de-nos-donnees Les lois sur l’accès à l’information et la protection des données des Québécois ont connu peu de réformes depuis le debut du millénaire. À lire aussi: J’ai été fraudé à la PCU, et vous?

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    Rossita StoyaNova

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    Protected: Bill 64; Survol de la Loi modernisant des dispositions législatives en matière de protection des renseignements personnels

    June 15, 2022

    BGI, le géant de la génétique chinois échappe aux lois canadiennes de protection des données

    May 6, 2021
    Charte canadienne numérique

    Les 10 principes de la Charte canadienne du numérique

    June 5, 2021
  • Télétravail et géolocalisation des employés

    April 15, 2021 /

    Ce trio d’articles pointe vers un besoin pressant de réformer les lois sur le droit du travail tant provinciales que fédérales afin d’assurer une meilleure sécurité des données personnelles des travailleurs en contexte de télétravail. Une employée de l’Alberta a été congédiée après avoir refusé d’installer une application de géolocalisation sur son téléphone: https://ici.radio-canada.ca/nouvelle/1784312/geolocalistion-telephone-mobile-productivite-employes Les lois sur le droit du travail permettent la géolocalisation des employés dans la mesure qu’ils en ont été préalablement informés https://ici.radio-canada.ca/nouvelle/1703181/covid-19-teletravail-surveillance-employes-hubstaff-logiciel Une application de géolocalisation mal sécurisée a laissé fuire les données personnelles et géographiques de plus de 238 000 de ses utilisateurs en les stockant sur un serveur non protégé par un mot de…

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    Rossita StoyaNova

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    Charte canadienne numérique

    Les 10 principes de la Charte canadienne du numérique

    June 5, 2021

    BGI, le géant de la génétique chinois échappe aux lois canadiennes de protection des données

    May 6, 2021

    Clearview au Canada: les résultats de l’enquête ne surprennent pas

    June 10, 2021
  • Déverrouillage d’appareils électroniques par les forces de l’ordre; Données conservées chez des tiers états-uniens

    January 19, 2021 /

    De plus en plus de services policiers au Canada, à l’instar de l’Agence des services frontaliers, font l’acquisition de technologies permettant de déverrouiller un téléphone cellulaire ou une tablette protégés par un mot de passe. Pour effectuer ce type de déverrouillage, les agents doivent obtenir une autorisation judiciaire (mandat). Or, ce n’est pas l’autorisation judiciaire qui pose problème en l’espèce, mais un détail beaucoup plus insidieux. Ainsi, on apprend que pour épargner de l’argent sur les licences des logiciels de déverouillage, certaines services policiers ont décidé de stocker les données ainsi obtenues sur des plateformes info-nuagiques (cloud) appartenant à des tiers du secteur privé, situés aux États-Unis. Ce constat oblige…

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    Rossita StoyaNova

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    Charte canadienne numérique

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    June 5, 2021

    Clearview au Canada: les résultats de l’enquête ne surprennent pas

    June 10, 2021

    BGI, le géant de la génétique chinois échappe aux lois canadiennes de protection des données

    May 6, 2021
  • Lawyers And Open-Source Software

    September 21, 2020 /

    Here is an excellent article in Canadian Lawyer warning of IP landmines to avoid when using OSS. https://www.canadianlawyermag.com/practice-areas/intellectual-property/in-house-counsel-should-exercise-caution-when-using-open-source-software-dentons-lawyer/333174  

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    Rossita StoyaNova

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    Facebook Hit With $175M Patent Infringement Verdict In Instagram Live

    September 22, 2022

    UK Law Society, Future Worlds 2050

    July 1, 2021

    Miramax and Tarantino Lawsuit To Clarify NFT Rights

    August 22, 2022
  • Protected: Queering: From Alt-Art to Mainstream

    July 1, 2022 /

    There is no excerpt because this is a protected post.

    read more
    Rossita StoyaNova

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    Miramax and Tarantino Lawsuit To Clarify NFT Rights

    August 22, 2022

    Andy Warhol Foundation v. Goldsmith, More Fair Use Before SCOTUS

    October 13, 2022

    Metaverse Fashion Week 2022 and What on Earth Are NFT’s?

    July 11, 2022
  • Protected: From Fully Remote to Hybrid Work With Significantly Reduced In-Person Hours

    July 1, 2022 /

    There is no excerpt because this is a protected post.

    read more
    Ria Siano

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    Augmented Reality Art Exhibitions

    July 29, 2021
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  • Andy Warhol Foundation v. Goldsmith, More Fair Use Before SCOTUS
  • Facebook Hit With $175M Patent Infringement Verdict In Instagram Live
  • Galaxy Report On NFT Rights; What About Web3 to Web2 User Generated Content
  • Miramax and Tarantino Lawsuit To Clarify NFT Rights
  • $23M Royalties Scam On Youtube – Tip of The Iceberg – Reveals Voluntary Blindness
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