Law Bytes

Canada’s largest media companies came together recently to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. I wrote about the suit, suggesting that the primary motivation behind the suit was likely the hope to kickstart settlement discussions with the hope of a licence. Robert Diab, a law professor at Thompson Rivers University, raised similar thoughts in his own piece on the lawsuit. Robert joins the Law Bytes podcast to discuss the case and its implications for copyright and AI in Canada.

The Standing Committee on Canadian Heritage has for the past month been conducting a study on protecting freedom of expression. The counters of the study aren’t entirely clear. In fact, after I was invited to appear, I asked for some sense of what the committee was looking to address. There wasn’t much detail, which has really left it open for witnesses to cover whatever issues they like.  I chose to focus my time on two issues: the expression implications of Canadian digital policy and the chilling effect of antisemitism. The two issues have really dominated my attention in recent months. Digital policy – including Bills C-11, C-18, C-63, and S-210 for years now and the antisemitism issues an enormous concern post October 7, 2023.   This week’s Law Bytes podcast takes the listener into the hearing room and the wide range of questions from Liberal, Conservative, and Bloc MPs my opening statement sparked.

Consumer frustration with just about everything associated with Canadian communications services is well known. The list of concerns is long: high prices, contracts that lock in consumers but not providers, gaming prices to make comparison shopping difficult, and confusing consumer codes among them. As politicians have begun to take notice, the CRTC has suddenly become more active with several consultations and new consumer focused initiatives.   My colleague Marina Pavlović, a law professor at the University of Ottawa, has been at the forefront of consumer rights law and communications services for many years. She joins the Law Bytes podcast to talk about the ongoing consumer challenges and the latest CRTC developments.

The recent announcement of a Canadian government decision to ban the corporate offices of TikTok but leave the app untouched has left many puzzled since the approach may actually make matters worse. The potential privacy and security risks associated with the app will remain but the ability to hold the company accountable will be weakened. While the government has downplayed the impact of the decision, the reality is that a TikTok exit from Canada will have an impact on Canadian digital creators. This Law Bytes podcast breaks down the implications, including a discussion with Scott Benzie, the Executive Director of Digital First Canada, who identifies the digital creator concerns. The podcast can be downloaded here, accessed on YouTube, and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Credits: CBC News, Ottawa Bans TikTok’s Canadian Operations - But Not the App, November 7, 2024