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Business model for copyright trolling not viable in Canada

Originally published in AdvocateDaily.com

Although there have been some calls for Canadian courts to weigh in on copyright misuse by trolls, Toronto intellectual property lawyer John Simpson tells Law Times that he is more relaxed about the lack of judicial guidance on this issue, partly because the business model for trolls is not viable in this country.

“I think rights owners are making the most that they can of the notice-and-notice regime, which is to say not much,” says Simpson, principal of Shift Law.

As Law Times notes, some parties have raised concerns about the notice-and-notice copyright regime that came into force in early 2015 as part of the 2012 Copyright Modernization Act.

The regime requires Internet service providers to forward notices from copyright owners to users whose Internet addresses are identified as potential sources of infringement, says the article.

“Owners of pornographic content are probably making the most of the system because illegal downloaders of this content are typically embarrassed about getting caught and want a quick resolution,” says Simpson.

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