Months after the Supreme Court of Canada delivered a stinging defeat to Canadian copyright collective Access Copyright by ruling for an expansive approach to fair dealing and the government passed copyright reforms that further expanded the scope of fair dealing, Access Copyright responded yesterday with what amounts to a desperate declaration of war against fair dealing. Access Copyright has decided to fight the law - along with governments, educational institutions, teachers, librarians, and taxpayers - on several fronts. Most notably, it has filed a lawsuit against York University over its fair dealing guidelines, which are similar to those adopted by educational institutions across the country. While the lawsuit has yet to be posted online, the Access Copyright release suggests that the suit is not alleging specific instances of infringement, but rather takes issue with guidelines it says are "arbitrary and unsupported" and that "authorize and encourage copying that is not supported by the law."
Most of Access Copyright's longstanding arguments were dismissed by the Supreme Court this past summer. To suggest that a modest fair dealing policy based on Supreme Court jurisprudence and legislative reforms is "arbitrary and unsupported" is more than just rhetoric masquerading as legal argument. It is a declaration of war against fair dealing.
Researcher Yarden Katz scraped the database of Intellectual Ventures, a giant business that buys up patents, but produces nothing but lawsuits (previously), and discovered that IV claims ownership of nearly 500 patents that were created at public expense by researchers employed by public universities, and another 100 or so patents filed by the US Navy.
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