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Industry committee You should read Professor Danaher, who actually does study this issue. He has found several studies saying that in fact it promotes the purchase at legal sites—
December 3rd, 2018Committee meeting
Barry Sookman
Industry committee This committee should understand the facts.
December 3rd, 2018Committee meeting
Barry Sookman
Industry committee I'd give the government 95% in terms of what they've done. I take off two and a half marks because of the public interest. Competitive market is the way to go. It creates less uncertainty and the speed would be much better. My last point is that they should have addressed harmon
December 3rd, 2018Committee meeting
Barry Sookman
Industry committee The rights that are established under the Copyright Act take into account the public interest. I don't think anybody has an absolute property right. It isn't in real property; it isn't in tangible property; and it isn't in copyright. I do believe, however, that effective rights
December 3rd, 2018Committee meeting
Barry Sookman
Industry committee I was. The Google v. Equustek case was the first case that established the possibility for global de-indexing orders against the search engine. We appeared in the British Columbia Court of Appeal and the Supreme Court of Canada, supporting the possibility that intermediaries who
December 3rd, 2018Committee meeting
Barry Sookman
Industry committee We agree on almost everything.
December 3rd, 2018Committee meeting
Barry Sookman
Industry committee Thank you very much, Mr. Masse. It's a great question. I don't think we can rewrite the act, but there are some things we can do that would have the most potent effect.
December 3rd, 2018Committee meeting
Barry Sookman
Industry committee The first one is that we improve enforcement through site blocking and search engine de-indexing. There's quite a bit of uncertainty in this area. There are powerful reasons why we should have it by court, and I'm happy to answer that if there's a question about it. The other on
December 3rd, 2018Committee meeting
Barry Sookman
Industry committee Mr. Albas, could I spend two minutes just to provide some additional insight on that?
December 3rd, 2018Committee meeting
Barry Sookman
Industry committee Okay. A famous U.S. lawyer who was very familiar with fair use in the United States, Lawrence Lessig, said that fair use in the United States is just the right to hire a lawyer, because there's a tremendous amount of uncertainly. Nobody knows until it's over how it's going to wo
December 3rd, 2018Committee meeting
Barry Sookman
Industry committee It's worth bearing in mind that while there's a five-year review, Parliament has quite a bit of scope to determine the extent to which they want to review the entirety of the act. Technology is changing. It's putting enormous pressure on all stakeholders. This is one of these are
December 3rd, 2018Committee meeting
Barry Sookman
Industry committee Thank you, Mr. Chair. I wish this were a debate about Access Copyright, so I could spend my seven minutes replying to what you've just heard. Thank you very much for the opportunity of having me appear today. I’m a senior partner in the law firm of McCarthy Tétrault. I also te
December 3rd, 2018Committee meeting
Barry Sookman