fmc-law.com RSS Feeds - Publications - Intellectual Property (IP)http://www.fmc-law.com/upload_net/rss/en/Intellectual_Property.xmlThu, 31 May 2012 10:01:22 GMTen-us5In this article, Jacob Kaufman discusses Crookes v. Newton, a decision of the Supreme Court of Canada that the creation of a hyperlink to allegedly defamatory material was not publication of that material. In Crookes, Justice Abella, writing for the majority, held that creating a hyperlink to allegedly defamatory material was not publication of that material as communicating that something exists or where it exists is different from actually communicating it. Subjecting hyperlinks to the traditional publication rule "would be like trying to fit a square archaic peg into the hexagonal hole of modernity". Justice Abella clarified that creating a hyperlink could be defamatory where the hyperlink, in itself, conveyed defamatory meaning. The ruling did not address so-called 'embedded' or 'automatic' links that actually project content from a secondary website onto the primary website. Additionally, it may be an open question whether this ruling applies in Ontario due to the different statutory context. Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Kaufman_Jacob_Hyperlinks_Not_Publications.aspxTue, 14 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Kaufman_Jacob_Hyperlinks_Not_Publications.aspx