Abstract

Three of the five copyright decisions released concurrently last summer by the Supreme Court of Canada were cases that concerned internet or digital technologies. This article offers a review and analysis of the Entertainment Software and Rogers decisions in connection with the s. 3(1)(f) telecommunication right, and the Bell case with respect to fair dealing under s. 29 of the Copyright Act. The focus is on the effort by the Supreme Court to negate the otherwise troublesome copyright implications for internet technologies by expanding the principle of technological neutrality and, in some instances, adopting a perspective of functional equivalency between digital activities and their real space counterparts.

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