• 12 Posts
  • 28 Comments
Joined 1 year ago
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Cake day: June 9th, 2023

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  • I definitely don’t like the obnoxious copyright system in the USA, but what the IA did seems obviously wrong.

    The publisher-plaintiffs did not prove the “obvious wrong” in this case, however US-based courts have a curious standard when it comes to the application of Fair Use doctrine. This case ultimately rested on the fourth, most significantly-weighted Fair Use standard in US-based courts: whether IA’s digital lending harmed publisher sales during the 3-month period of unlimited digital lending.

    Unfortunately, when it comes to this standard, the publisher-plaintiffs are not required to prove harm, rather only assert that harm has occurred. If they were required to prove harm they’d have to reveal sales figures for the 27 works under consideration–publishers will do anything to conceal this information and US-based courts defer to them. Therefore, IA was required to prove a negative claim–that digital lending did not hurt sales–without access to the empirical data (which in other legal contexts is shared during the discovery phase) required to prove this claim. IA offered the next best argument (see pp. 44-62 of the case document to check for yourself), but the data was deemed insufficient by the court.

    In other words, on the most important test of Fair Use doctrine, which this entire case ultimately pivoted upon, IA was expected to defend itself with one arm tied behind its back. That’s not ‘fair’ and the publishers did not prove ‘obvious’ harm, but the US-based courts are increasingly uninterested in these things.

    edited: page numbers on linked court document.





















  • “We have new people whose life experiences have been radically different than ours. And so for those of us who have been here for decades or a long time, it gives us an insight into how people lived in other parts of the world, and now they’re with us and we want to learn about them. So we are one united community.”

    This is such a positive take from someone in leadership re: new immigration to their community. It can be difficult to manage unexpected population growth and the federal/provincial governments offer poor support to growing communities across Canada. Mr. Morrison and his neighbours deserve lots of credit and respect for welcoming new neighbours who’ve been through a lot. They sound like good people.



  • Just a reminder that many former government staff, ex-elected officials, family members and acquaintances of current politicians, etc. are now lobbyists and/or investors in the commercial cannabis sector. For example, Smitherman (CEO of CCC) worked for 4 decades in Ontario politics before becoming a lobbyist. As the retailer quoted in this article says, these politically-connected producers are the intended beneficiaries of pricing changes, not the retailers or customers.

    Unfortunately, this is standard business practice in Canada: now that they have achieved market dominance over less-connected peers, they look to the government to help protect their profits, which they will use to purchase struggling competitors to further consolidate the industry and allow them to raise wholesale prices in the future. Once only 2-3 major producers remain in the country, they will have spent two decades lobbying the government and can look forward to protectionist government intervention, price collusion, and guaranteed profits, not unlike Rogers/Bell/Telus enjoy today.