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Commentary


Bolstering Open-Source AI in the Era of Closed, Big Tech Models
A few years ago, open-source artificial intelligence (AI) models dominated conversations about AI. This vision for a democratized and collaborative AI ecosystem seemed bright. Fast forward to today and the contributions of open-source models are overshadowed and undervalued. Big tech players are monopolizing the AI industry, replaying a story the technology industry knows all too well.
Brianna Workman
Dec 4, 20244 min read


Overbreadth Successfully Invoked as an Independent Ground for Patent Invalidity – Finally!
The Federal Court in WhiteWater has invalidated patent claims solely on the independent ground of overbreadth for the first time in over forty years. This development marks a pivotal moment in Canadian patent law.
Lauren Hass
Nov 29, 20243 min read


In My Copyright Law Era
Taylor Swift's re-recording project, "Taylor's Version," highlights her battle to regain ownership of her music catalog and the role of copyright law in artists' rights. While rooted in U.S. copyright law, this movement could inspire Canadian artists to negotiate for similar re-recording clauses, potentially shifting the industry's norms around creative ownership.
Aram Ebrahimi
Nov 21, 20244 min read


The Federal Court of Appeal ruled against Facebook for breach of Canadian Privacy Law by failing to obtain meaningful consent and protect user data
In a landmark decision, the Federal Court of Appeal overturned a lower court decision involving Facebook’s (now known as Meta) breach of the Personal Information Protection and Electronic Documents Act (PIPEDA).
Clara Mustata
Nov 13, 20243 min read


Online Streaming Act showdown may spook streamers
The federal government may be risking a repeat of the Online News Act debacle by playing chicken with online streaming platforms over payments to Canadian cultural funds.
Drew May
Oct 28, 20244 min read


Get it Fast or Get it Right: the Trade-Offs of Using ChatGPT for Legal Purposes
For now, lawyers who use ChatGPT to save time must be comfortable with a certain amount of cut corners: the chatbot sprinkles inaccuracies in otherwise excellent answers and convincingly pretends to know about cases it has never heard of—these mistakes are too insidious to catch the eye of those in a hurry.
Eve Gaumond
Oct 23, 202413 min read


Libraries as Public Interest Users in the Copyright Balance
Canadian copyright cases often make reference to balancing protection of and access to copyrighted works, or to balancing the rights of creators against users or the public interest. However, these simple categories of creators and users ignore the variety within each of these categories...
Chris Irwin
Aug 7, 20244 min read


One year later, has the Online News Act actually helped the Canadian news industry?
The Online News Act aimed to help calm the financial seas for Canadian news organizations, but a year later the waters remain choppy with infighting, financial woes, and disappointment.
Drew May
Jul 28, 20244 min read


Personal Information in Mergers – Where is Consent?
It's time to rethink two of the business exceptions to PIPEDA’s consent requirements: the consent exceptions for prospective and completed business transactions.
Chris Irwin
Jul 8, 20244 min read


Do VR Headsets Give Bystanders Enough of a Heads Up?
Virtual reality headsets may be the next frontier in immersive entertainment, but the cutting-edge technology could also be the next frontier of privacy issues with a new way to secretly record people.
Drew May
Jun 20, 20244 min read
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