Keywords
CBC v. SODRAC, technological neutrality, non-interference, reproductions
Abstract
This article explores technological neutrality in the factual context of CBC v. SODRAC, heard before the Supreme Court of Canada in March of 2015 with decision pending at the time of publication. After outlining the history of the case in the first part, this article concludes with an application of the principle of technological neutrality, as non-interference, to the case. The only result coherent with the Supreme Court’s prior case law is to not treat non-usable or dormant incidental copies as reproductions under the Act. The status of permanent copies that serve a useful and identifiable purpose, e.g. archived copies, is less clear though it would not necessarily create incoherence in the law to recognize them as reproductions.
Recommended Citation
Cameron J. Hutchison, "Technological Neutrality Explained & Applied to CBC v. SODRAC" (2015) 13:1 CJLT.
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Computer Law Commons, Intellectual Property Law Commons, Internet Law Commons, Privacy Law Commons, Science and Technology Law Commons