The Archives

Everything written by Neil Turkewitz on law, economics, and more

Why the Canadian Supreme Court’s Equustek decision is a good thing for freedom — even on the Internet

I recently published a piece in the Hill welcoming the Canadian Supreme Court’s decision in Google v. Equustek. In this post I expand (at length) upon my assessment of the case. In its decision, the Court upheld injunctive relief against Google, directing the company to avoid indexing websites offering the infringing goods in question, regardless ... Why the Canadian Supreme Court’s Equustek decision is a good thing for freedom — even on the Internet

Copyright and the Public Interest: The Importance of Ensuring that Righteousness of Purpose Doesn’t Trump Principle

I recently became aware of a decision from the High Court in South Africa that examines an interesting intersection of freedom of expression, copyright and contract. It addresses the issue of how to define the public interest in an environment of relatively unguarded rhetoric about the role of copyright in society that is worth exploring. ... Copyright and the Public Interest: The Importance of Ensuring that Righteousness of Purpose Doesn’t Trump Principle

The song remains the same: Exceptionalists against the application of the law

In a recent article for the San Francisco Daily Journal I examine Google v. Equustek: a case currently before the Canadian Supreme Court involving the scope of jurisdiction of Canadian courts to enjoin conduct on the internet. In the piece I argue that a globally interconnected system of free enterprise must operationalize the rule of law through continuous ... The song remains the same: Exceptionalists against the application of the law

The Internet Association’s vision for the future looks a lot like the past

Last week, the Internet Association (“IA”) — a trade group representing some of America’s most dynamic and fastest growing tech companies, including the likes of Google, Facebook, Amazon, and eBay — presented the incoming Trump Administration with a ten page policy paper entitled “Policy Roadmap for New Administration, Congress.” The document’s content is not surprising, ... The Internet Association’s vision for the future looks a lot like the past