Canadian Broadcasting Corp. v. SODRAC 2003 Inc.

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Supreme Court of Canada

The Supreme Court of Canada has ruled on the case Canadian Broadcasting Corp v SODRAC 2003 Inc, on appeal from the Federal Court of Appeal, with Justices Abella and Karakatsanis dissenting. The judgment reads: “The appeal should be allowed; the 2008‑2012 licence and the interim licence should both be set aside and the decisions of the Copyright Board should be remitted to the Board for reconsideration.” The article also cites Osgoode Professor Carys Craig’s chapter “Technological Neutrality: (Pre)Serving the Purposes of Copyright Law” in the Michael Geist compendium The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, specifically, “where there is no clear and pre-existing functional equivalent, courts should avoid emphasizing the details of particular technological systems and instead interpret copyright’s core concepts in a manner applicable across technologies.”

To read more about this latest precedent in Canadian copyright law, you can view the full judgment here:

http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/15646/index.do?r

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