ACCESS TO JUSTICE VIA TECHNOLOGY
The new Civil Procedure Rules 2002 became effective on January 1, 2003. A technology neutral and robust approach was taken in the drafting of the rules. Of particular interest to lawyers who are technologically savvy is that portion of the rules which provide for evidence to be taken by video-link or other means...
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INTERNET PROTOCOL (IP) TELEPHONY - THE DEMISE OF TRADITIONAL REGULATORY PARADIGMS?
The Internet is an outgrowth of technological advancements in the telecommunications industry and in many ways threatens it, more precisely it has been said that the Internet threatens to turn existing regulatory ...
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A THEORY OF REGULATION AND TECHNOLOGY
I would like to think of government regulation as the systematic application of specialized knowledge and or techniques to the allocation of resources in giving effect to a particular policy position to regulate or not to regulate. This approach requires them to take into account all of ...
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SPREAD SPECTRUM WIRELESS AND COMMUNICATIONS POLICY: A RADICAL VISION
Spectrum is a communications resource which government is required to allocate. It must do so efficiently. This requires promoting competition while balancing the interests of the various stakeholders – government, the firms and the consumer. The current method of allocating spectrum falls short of this requirement. It is characterized by ...
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VoIP - A Regulatory Conundrum Under the Telecommunications Act 2003
The purpose of this paper is to discuss the regulatory treatment of Voice
over Inter Protocol (VoIP) and Voice over the Internet (VoI) (hereinafter VoIP) as an alternative to traditional circuit switched international telephony in Jamaica. As an alternative it offers opportunities for arbitrage and bypass in the international call market if it is not properly regulated...
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TELECOMMUNICATIONS IN JAMAICA - BUSINESS OPPORTUNITIES
Competition in communications is important in enhancing a country’s ability to enter the global market place. It provides opportunities for service providers, consumers and governments...
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COMPETITION AND CONVERGENCE - THE MEANS TO THE END
Presented at: The Office of Utilities Regulation 2nd Internet Forum Accelerating Internet Access: “National Development and Universal Access in the Social Sectors.” Jamaica Grande, Ocho Rios, St. Ann, JamaicaMay 26 – 28 2004.
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CONVERGENCE & COMPETITION: Issues on Internet Access in Jamaica
Jamaica commenced the liberalisation of its telecommunications sector in 2000. The aim was to keep pace with global trends where the sector has been transformed from monopoly to competition....
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BOOK PUBLISHING IN THE DIGITAL ERA
A book is a literary work within the meaning of the Canadian Copyright Act. Copyright protection is conferred on a literary work pursuant to section 5(1) of the thereof. The copyright subsists whether the work is published or unpublished and is for the life of the author plus fifty years. The right is ...
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REFLECTIONS ON TARIFF 22 AND COMMUNICATION TO THE PUBLIC
This decision is important or has implications for Sections 2.3, 2.4(1) and 3(1)(f) of the Canadian Copyright Act (hereinafter the Act). The implications include how section 2.3 is to be applied or interpreted and whether the current interpretation is in keeping with advances in technology and ...
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FILMMAKING AND COPYRIGHT: NEGOTIATIONS, RIGHTS AND RELEASES IN FILM CONTRACTS
Filmmaking is a complex business. It is the one entertainment industry that seems to embrace all aspects of copyright law relating to works and performances. Generally speaking a filmmaking contract would cover the acquisition of literary works, procurement of talent, distribution and ...
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IS MY FACE REALLY MINE?
By face I mean image. Does it depend on whether you are a celebrity or on whether your face has value that can be exploited? These two questions seem to address the same issue but I submit that they are different. In the first case, the person would have already made a name for himself and ...
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BUSINESS METHOD PATENTS AND "INHERENT PATENTABILITY"? - A COMPARATIVE ANALYSIS
Patent protection, like other protection of intellectual property, is a means of encouraging innovation. The protection is in the form of monopoly rights conferred on the patentee to commercially exploit the ...
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BY ANY MEANS NECESSARY – PIRATING v. PROTECTING COPYRIGHT!
Copyright policy has always been driven by the need to maintain a balance between the right holder and copyright pirates. The latter’s aim, it appears, is to benefit from the creativity of others by any means necessary.
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THE MUNRO COLLEGE - FALLOUT: WHEN ROLE MODELS STOP PLAYING
I have read with concern the recent fallout from the decision of the Minister to overturn the decision of the Munro School Board on account of a procedural error or irregularity. I am concerned that there is this ...
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ASPECTS OF CANADIAN ADMINISTRATIVE LAW: AUDI ALTERAM PARTEM
Audi Alteram Partem means to “hear the other side”. This is a fundamental principle of Natural Justice, which requires that persons who are aggrieved by administrative action have a right to know the allegations against ...
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ASPECTS OF CANADIAN ADMINISTRATIVE LAW: BIAS & INDEPENDENCE
In the Canadian Administrative law environment the principles governing unbiased decision making follows the evolution of this area of law from judicial classifications in the natural justice era to broad-based ...
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ASPECTS OF CANADIAN ADMINISTRATIVE LAW: TO REVIEW OR NOT TO REVIEW
Expertness in decision-making refers to the qualifications of the decision makers in the various administrative agencies. Expertness is intended to reflect the specialized nature and knowledge or skill derived from the ...
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THE ELECTRONIC TRANSACTION BILL
- Facilitate commerce by reliable electronic documents.
- Promote the development of the legal and business infrastructure necessary to implement secure electronic commerce....
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WHO OWNS THE INTERNET - IS IT A GLOBAL MONOPOLY
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