metaversum gmbh is the berlin-based startup company behind the 3d virtual world twinity .

the company was founded in july 2006 and is led by ceo jochen hummel , cmo dr. mirko caspar and cto christian von hardenberg .

the company has offices in berlin , kiev and singapore and is currently employing around 80 people .

metaversum gmbh

metaversum gmbh is on facebook . to connect with metaversum gmbh , join facebook today .
metaversum gmbh is the berlin - based startup company behind the 3d virtual . . .
moritz haltermann , ceo der deutschen firma korn gmbh , freut sich . . .
hq equita gmbh ( „hq equita“ ) hat mit dem schwedischen investor . . .
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metaversum – twinity opens for global public beta – itsreal – mayor opens virtual berlin – whilst twinity becomes open beta metaversum gmbh , developer and operator of the 3d online world twinity , today entered its public beta phase . at the press conference in berlin , berlin’s mayor klaus wowereit opened the virtual counterpart of germany’s capital city in twinity .
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, 07 september 2008 – at a press conference in berlin metaversum gmbh gave the starting signal for the public beta phase of its virtual world twinity . during this test phase , internet users can venture out and explore virtual berlin from anywhere in the world . singapore , london , and many other international metropolises are set to follow in the near future .
the autonomous system ( as ) number 43640 is assigned to metaversum gmbh . as43640 is assigned on 2007 - 09 - 05 by the regional internet registry ripe . the country of registration is germany . no domains are hosted on as43640 . no name servers are hosted on as43640 . there are no ipv4 prefixes announced by as43640 . there are no ipv6 prefixes announced by as43640 .
metaversum has previously talked about its goals as “selective mirroring . ” rather than trying to model the entire earth–re - creating google earth with avatars–the goal is to pick and choose the highlights . that’s particularly true at the beginning . later , metaversum will look at other options and consider opening the world–and its open spaces—to third parties .
our vision is clear , ” said jochen hummel , ceo of metaversum gmbh . “this is a trusted environment within a virtual world , lifelike , and based on real metropolises . people can live , work , and have fun here . they can also beam themselves straight into the world’s most attractive cities with a single click . with the launch of our public beta phase , we have laid the foundation for twinity’s international rollout . ”
metaversum announced last week that its upcoming mirror world , twinity , had begun opening outdoor areas in its private beta . the virtual world is built around real - world metropolises , but , until now , avatars had been limited to indoor spaces . sections of berlin , now open , are the first to get the treatment , but metaversum says it is already at work on other regions of the city as well as additional international metroplises .
metaversum metaversum is a highly innovative company with trailblazing visions for the future of web 2 . 0 and 3d platforms . the company was founded by two internationally successful entrepreneurs from the it industry and a former corporate consultant & media manager . it has dedicated itself to a highly ambitious goal : the development and implementation of groundbreaking concepts for internet communities and virtual worlds . the berlin - based start - up , which is financed by a very successful german venture capital company , is currently developing a social community platform and a massive multiplayer online virtual world .
twinity , a virtual world from german company metaversum which is currently in private beta , has announced the completion of an in - world replica of berlin’s hackescher markt and the surrounding area . they claim that this is the first time that germany’s capital has been rendered in 3d by a virtual world .
“we are currently testing about 6 square kilometers around the hackescher markt and alexander platz districts of berlin , ” dr . mirko caspar , cmo metaversum , said via email . “as a comparison , this area is approximately the size of 100 islands in second life . this represents just a small part of what we are planning to implement , with much more to come in the near future . ”
“it is a central part of our business model , ” caspar explained . “we already have a lot of real - world businesses with their real - life locations in twinity’s virtual berlin : shops , galleries , clubs , cafés , bars , etc . some sell virtual goods , some already link to their online shops and offer their real world products . metaversum and our growing base of third - party developers help real world businesses create their virtual locations in twinity . through this collaboration , businesses in twinity are able to interact and engage directly with both a local and international user base by offering virtual , real and augmented services . connecting and linking real and virtual spaces is at the core of our vision . ”
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exitreality is a social entertainment company and producer of the award - winning twinity virtual world . twinity is the place to party online , an immersive and connected virtual environment that complements and amplifies the interests of the youth demographic : music , pop culture , fashion , celebrities , self - expression , communication , community and social networking . twinity makes it possible for media partners and brands to connect with this influential demographic in compelling and interactive new ways through a vibrantly created , expertly targeted social entertainment world . exitreality is a private company with offices located in london , san francisco , melbourne .
danny stefanic has been involved in virtual reality for 17 years . he has been working on the 3d internet for 6 years and founded the international virtual reality association inc . in 1994 . he produced virtual worlds technology with netscape in 1996 . he has been called a visionary by his peers and deemed by wall street to be one of the pioneers in his field . he has successfully developed several startups including an internet 3d studio , a shrink - wrap 3d e - commerce software company , and several businesses in the immersive imaging sector . he has also licensed 3d and immersive imaging technology to several companies including ipix . he has a b . a . from a melbourne university in software engineering and computer science .
the electric sheep company the electric sheep company is unlocking the potential of virtual worlds as a medium for business and community . three - dimensional online worlds - with linden lab ' s second life at the forefront - are moving away from entertainment - only content and towards becoming a serious , flexible platform for business , creativity and community akin to the world wide web . the electric sheep company seeks innovative solutions that combine technology and community to help continue this trend . the challenges are similar to those faced in building the web ' s infrastructure - how to find useful content , how to create secure business transactions - as well as many new and unique problems . we offer products and services that address these problems and put the community ' s needs first . we have begun to work on the problem of how to apply modern search technologies towards finding second life content , both in - world and on the world wide web . we are interested in other projects relating to our stated goals , and welcome proposals for collaboration . urltoken
american cancer society in october 2001 , the american cancer society national executive leadership , after several years of analysis and exploration , decided to create a society
innovation center .
veteran division and nho executive mike mitchell assumed the new role of national vice president and executive director of the futuring and innovation center in march 2002 . the center is charged with developing an organizational wide culture of innovation , funding breakthrough business prototypes that have the potential to help acs meet mission and goals , and scanning the environment for emerging and potentially important trends for the society . the team consists of division and nho staff members who scan the business environment for emerging and trends that could impact acs in the long term , and for innovative business practices to use in better serving our constituencies . a major fic initiative is
springboard
. an internal market for innovative thinking , springboard encourages staff and volunteers at all levels to submit fresh business concepts of breakthrough services , improvements in business processes and new technologies for development funding . the springboard theory : continuous innovation can help achieve long - term , sustainable competitive advantage and help acs reach our mission and goals . urltoken
online game services inc . based in the heart of silicon valley , online game services inc . has been tailoring its game service provider business model to the needs of the north american market since june 2004 and now works with a range of game companies to provide fully managed best - of - breed hardware and infrastructure solutions . its core aim is to reduce the risks and capital outlay usually associated with online game deployment , while providing players with the best possible gaming experiences . ogsi ' s ' pay as you grow ' model offloads a lot of the risk typically associated with building a large infrastructure prior to game launch , and also allows smaller organizations to realize the economies of scale often reserved only for the larger companies . urltoken
in july 2004 , a team of netscape veterans founded the multiverse network , inc . , a company aiming to become the world’s leading network of massively multiplayer online games ( mmogs ) and 3d virtual worlds . multiverse has pioneered a new technology platform designed to change the economics of virtual world development by providing independent game developers with the resources they need to enter and compete in the $ 2 billion online game market .
when multiverse ' s team of world - class engineering and business professionals worked at netscape in the very early days , they helped architect the internet - based platforms now used by hundreds of millions of people worldwide . other ground - breaking companies they have made significant contributions to include borland , silicon graphics , excite , and netflix . the full multiverse team also includes video game industry veterans .
multiverse ' s unique technology platform will change the economics of virtual world development by empowering independent game developers to create high - quality , massively multiplayer online games ( mmogs ) and non - game virtual worlds for less money and in less time than ever before . multiverse solves the prohibitive challenges of game creation by providing developers with a comprehensive , pre - coded client - server infrastructure and tools , a wide range of free content - - including a complete game for modification - - and a built - in market of consumers . the multiverse network will give video game players a single program - - the multiverse client - - that lets them play all of the mmogs and visit all of the non - game virtual worlds built on the multiverse platform .
for the first time , indie developers will have the opportunity to create the virtual worlds they ' ve been dreaming about . and many of these new worlds will attract players who are completely ignored by today’s mmog publishers .
the arden institute the arden institute is a research center at indiana university whose aim is to promote innovative research on synthetic worlds : crafted online spaces that host thousands of users on a persistent basis . to this end , the institute supports research activities and hosts an annual conference , the ludium , whose output is published exclusively on this website . the arden institute is an initiative of edward castronova , associate professor of telecommunications , indiana university . urltoken
sony computer entertainment us , research and development computer entertainment is perpetually expanding into new areas . through publications , seminars , developer conferences , sample code , and demonstrations , sce us r & d ; ' s goal is to accelerate the application of new technologies to the games and entertainment products of tomorrow . urltoken
millions of us is a company dedicated to helping businesses understand and harness the power of virtual worlds .
once the stuff of science fiction , virtual worlds are becoming central to the future of marketing , technology , entertainment and brand - building . we believe this has to do with consumers ' desire to be engaged in a dialogue by the companies they love . we also feel that in the future , wise companies will use virtual worlds as places to assemble active communities of their most passionate supporters . we believe that the future starts today . and we ' re not alone . urltoken
rivers run red a new breed of agency breaking ground in innovation and ideas marketing , branding and creative services . urltoken
state of play iii : social revolutions is the third annual state of play conference on the future of cyberspace convened by the institute for information law & policy at new york law school , the information society project at yale law school , and the berkman center for internet and society at harvard law school . this year , we focus on social relationships in the metaverse and how to build vibrant , flourishing , creative places .
the conference will be held on october 7–8 , 2005 at new york law school in tribeca , new york city . we expect this third event to be the best yet , drawing leading voices in the online virtual world and videogame space together with legal and social thinkers to explore the next - generation of cyberspace and the legal implications of its massively - multiplayer , immersive and graphical environments . urltoken
themis group themis group , inc . is a community and communications services company catering to games , technology , and entertainment enthusiasts . founded by thomas kurz and alexander macris in 2001 , themis group undertook a mission to demonstrate the underlying importance and financial relevance of collaborating effective community management with creative communications in targeting the millennium consumer . in doing so , themis group created an entirely new entertainment services industry and redefined the term
integrated marketing
as well as the term ' s underlying value proposition . as the constituent businesses that make up themis group have expanded , management continues to maintain its focus on the elements that bind and grow digital communities . aggregating knowledge through its content network and community management efforts , themis group continues to provide corporations with the most effective tools for capturing and monetizing the attention of the consumers that make up today ' s savvy global netset . urltoken
the institute for the future focuses on emerging trends and discontinuities that will transform the global marketplace . our research focuses on :
our research generates the foresight needed to create insights about the future business environment that lead to action . the results are customized winning strategies and successful new businesses . urltoken
uber is jumping in with gv in an investment into scooter heavyweight lime . the funding announcement comes as the latest of many for the scooter sector .
tencent wants to list its music in the united states . here ' s what you need to know .
thinking carefully about selling your company can mean the difference between a sad shutdown , a below average acquihire , or an outright bidding war . unlike investors , entrepreneurs don’t get to . . .
sleep is important . startups who recognize that are trying to cash in with companies that are either selling mattresses , or mattress - related products , to consumers .
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the as / bgp report is calculated for every allocated as number . the report is updated on a weekly basis , last updated on 2018 - 07 - 08 .
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singapore , london , and many other international metropolises are set to follow in the near future . read more at : urltoken
. at the press conference in berlin , berlin’s mayor klaus wowereit opened the virtual counterpart of germany’s capital city in twinity .
singapore , london , and many other international metropolises are set to follow in the near future .
during the launch event , berlin’s mayor klaus wowereit was presented with the symbolic key to the virtual city . “innovative projects from berlin like twinity enable people from all around the world to experience the creative metropolis of berlin on the internet . this opens up a whole new dimension to berlin . we’re especially happy to see how many new international visitors and inhabitants virtual berlin has already gained in the last few days , ” commented wowereit .
germany’s capital is the first city to be rendered in the virtual world . twinity members can now experience virtual berlin first hand . from the brandenburg gate to alexanderplatz and hackescher markt , members can visit virtual galleries , bars , and clubs , go shopping , meet new people , and even move in and furnish their own virtual apartments . during the public beta phase , twinity will be constantly tested and updated , new content will be added , and the platform will be optimized with the help of member feedback .
in this special section of knowledge @ emory , professors from goizueta business school and industry experts in the field of virtual worlds offer their insight on this growing internet - based market . from the industry leader second life to the newest entry in the game , google’s own lively , the activity , interest , and investment in the virtual world industry is strong .
the stories in this special report analyze the history and trends in the marketplace , as well as the academic and business applications of virtual worlds . now , well - known names such as second life , entropia universe , and cyworld have competition from a host of other sites , including ones devoted to virtual pets , cartoon characters , tv shows , and more . researchers in academia , health care , and various parts of corporate america are exploring marketing and research applications of virtual worlds , using second life and other virtual worlds as the jumping off point for their work .
twinity blog » blog archive » twinity interview on the late show on metaverse tv .
the replication goes beyond simple buildings . users are able to enjoy the city’s culture , visiting virtual bars and cafes , galleries and shops . it’s also a sizeable area which has been brought into the virtual world : a total of six square kilometres .
such a process is inevitably expensive ; the accuracy of the 3d design must be far greater than normally required in a virtual world , not to mention the need to gather data from the location itself . virtual worlds who chose to go down this route will also not be able to rely up the user generated environments – far cheaper – to the same extent . at this stage , twinity only allows users to customise apartments .
however , the rewards are also potentially significant . it may be easier to persuade a company , such as a shop , to maintain a virtual presence if it is tied to their real - world presence – it provides natural ad targeting , in that people who live in or visit the real world area are more likely to visit the virtual replica . in addition , potential use cases for the world are greatly expanded . if i were planning to visit berlin , i may well check out twinity’s replica of hackescher markt before setting out to get a feel for the place and decide where to visit . it will be interesting to see whether twinity is successful in its mission to develop more urban areas , despite the costs .
“our vision is that people using real identities and realistic avatars are looking for a familiar environment to extend their real lives into a virtual space , ” explained caspar . “we have chosen to replicate the most vibrant major cities of the world first – the rest we will handle as opportunities arise . if anyone wants us to build a dedicated outdoor space or a city that is not on our roadmap , we’ll definitely look at the proposal . in the future , we will consider allowing certain third - party developer partners to work on realistic outdoor environments . ”
for other mirror worlds , like everyscape , part of the business model is in bringing real - world businesses to its virtual spaces . the beta of twinity already features in - world attractions , groups , and businesses , and opening the outdoor space of the hackescher markt creates more opportunities for the galleries , cafes , and shops from real berlin .
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die vc - datenbank liefert ihnen details zu über 3 . 100 vc - investments in startups im deutschsprachigen raum seit 2005 .
informationen zu investoren , finanzierungssumme , branche / sektor , kurzprofil des startups und kontaktdaten .
thillmann architekten aus koblenz schliessen sich der lindschulte - gruppe an und . . .
) - - virtual worlds management , the leading international trade media company focused on virtual worlds , announced today mark kingdon , ceo of linden lab , will deliver a keynote address at the virtual worlds london conference , monday , 20 october 2008 , at the queen elizabeth ii conference centre . kingdon will discuss the evolution of virtual worlds as a communications medium and what is next for linden
virtual worlds london - urltoken - taking place 20 - 21 october 2008 , is the premier european event for businesses seeking to understand and maximize business strategies within virtual worlds . the conference features two dedicated tracks with leading worldwide speakers . discussions will include best practices and key insights from industry leaders .
clearly , linden lab and mark kingdon are at the forefront of the entire virtual worlds industry , an industry that is charting a new course for communications and media in an age of 3d connectivity ,
said christopher sherman , executive director of virtual worlds london .
we look forward to hearing mark
s perspective on how new innovations will allow virtual worlds will substantially change the nature of communications .
mark leads the day - to - day management and operations of linden , working closely alongside linden lab founder , former ceo and current chairman philip rosedale . prior to joining linden lab , mark served as chief executive officer of organic inc . a leading digital communications agency , building its reputation as a groundbreaking , innovative provider of user - centered design .
virtual worlds london features world - class speakers knowledgeable in all aspects of virtual worlds platforms and implementation . mark is joined by fellow keynoter niniane wang , engineering lead for google
online registration at urltoken is open . attendees can save gbp 400 by taking advantage of the early - bird registration - only gbp 595 - until 19 september 2008 . after that time online registration is gbp 795 . onsite registration is gbp 995 .
all attendees receive an exclusive copy of the new market research report virtual worlds markets : key strategies for 2008 - 2009 . attendees also gain access to virtual worlds passport , the private online attendee network .
virtual worlds london is supported by industry leaders from around the world , including : second life grid , rivers run red , electrotank , multiverse , metaverse mod squad , mycosm , the electric sheep company , qwaq , parature , kzero , smeet , fatfoogoo and k zero .
virtual worlds london takes place at the queen elizabeth ii conference centre . in the very heart of westminster , the queen elizabeth ii conference centre is a prime purpose - built venue uniquely situated in the shadow of big ben , westminster abbey and the london eye .
virtual worlds london is owned and operated by virtual worlds management ( vwm ) , the leading virtual worlds trade media company since 2003 . providing comprehensive media and events , vwm produces the annual virtual worlds expo ( 3 - 4 september 2008 in los angeles , ca ) , virtual worlds london ( 20 - 21 october 2008 ) and virtual worlds conference ( spring 2009 in new york city ) . vwm also publishes the industry news authority , the urltoken blog .
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cch canadian limited is one of the four operating units of wolters kluwer tax & accounting .

cch canadian ltd. is a provider of solutions in the area of tax , accounting , law , human resources and financial planning .

cch canadian

principal subsidiaries : cch publishing inc . ; legal information services ; computax inc . ; cch canada ; cch europe ; cch asia ; cch australia ; cch new zealand ; matthew bender & co ; mccord co .
hall , gordon and m . , mercer . handbook of canadian pension and benefit plans , 11th ed , toronto : cch canadian , 1996 .
and , until i write a complete resource page for cch canadian , here are some references : cch canadian ltd . v . law society of upper canada , 2004 scc 13 . canadian association of university teachers . ( december 2008 ) fair dealing . intellectual property advisory , no . 3 .
canlii connects - cch canadian ltd . v . law society of upper canada : most cited paragraphs / paragraphes les plus cités
cch site builder - have a professional web site in less than 30 minutes .
canadians were reminded of this in 2002 through the court of appeals’ iteration of cch canadian . in the final round of cch canadian , in 2004 , the supreme court justices also brought attention to section 30 . 2 ( 1 ) . paragraph 83 of that decision states :
professionals that use cch workflow - powered by xcm can link xcm projects to and access on - premise cch document files as well as share data with prosystem fx practice management .
“this strategic partnership represents a significant opportunity for cch to further improve the profitability of our customers , ” said doug finley , president of cch canadian . “partnering with xcm allows us to immediately provide our canadian clients with state of the art workflow automation that will make them more efficient and productive . ”
cch knowledgeconnect - captures your firm’s intellectual assets in one place , accessible anytime , anywhere .
welcome to the cch accountants ' suite - the most comprehensive suite of intelligently integrated tools for accounting professionals .
canadian foundation for children youth and the law v . canada ( . . .
barrie public utilities v . canadian cable television assn . : mo . . .
readers may remember that user rights gained prominence in canada in 2004 , via cch canadian . writing for the supreme court of canada , in a decision supported with unanimity , chief justice beverley mclachlin states :
canadian association of pension supervisory authorities , consensus for pension reform . ( 1982 ) .
collins , kevin . women and pensions . canadian council on social development . ottawa : 1978 .
clark , hart . d .
background paper on features of interest and concern to women in the canadian income system .
canadian advisory council on the status of women . ottawa : 1980 .
azoulay , dan andre . canadian political parties ; historical readings . toronto : irwin pub . , 1999 .
barrie public utilities v . canadian cable television assn . , 2003 scc 28 , [ 2003 ] 1 scr 476
burbridge , john . social security in canada : an economic appraisal . toronto : canadian tax foundation , 1987 .
castell hopkins , j .
voluntary contributions to war funds ,
canadian annual review . toronto : 1914 .
ismael , j . s . , ed . canadian social welfare policy : federal and provincial dimensions . kingston : 1985 .
yesterday marked the seventh anniversary of the cch canadian decision . in this blog i have tended to focus on the fairness test that took form from the ruling and its implication for the importance of a multi - facetted inquiry into every act of copying . the anniversary date is a good time to remember that the case covered much more .
this exception was not relied upon in cch canadian : “the law society’s dealings with the publishers’ works were fair . thus , the law society need not rely on the library exemption . however , were it necessary , it would be entitled to do so ( para . 84 ) . ” but section 30 . 2 should not be forgotten .
rice , james j . , and michael j . prince , changing politics of canadian social policy . university of toronto press , 2000 .
canadian foundation for children , youth and the law v . canada ( attorney general ) , 2004 scc 4 , [ 2004 ] 1 scr 76
struthers , j . no fault of their own : unemployment and the canadian welfare state 1914 - 1941 , 4th ed . toronto : 1983 .
baetz , reuben c .
the significance of the conference for canada ,
in proceedings of the canadian conference on aging . toronto : 1966 .
blair , r . s , jack , mcleod . the canadian political tradition ; basic readings , scarborough , ont . : nelson canada , 1993 .
newton , janice . the feminist challenge to the canadian left , 1900 - 1918 . montreal : mcgill - queen ' s university press , 1995 .
novak , mark w . aging and society ; a canadian perspective , 3rd ed . , scarborough , ont . , canada : nelson , 1993 .
the law society of upper canada ( lsuc ) has a reference / research library offering a custom and self serve photocopy service . cch canadian ( cch ) sues seeking a declaration of subsistence and ownership of copyright in 11 specific works , a declaration that lsuc has infringed on their copyright , and a permanent injunction preventing further copying . lsuc denies the infringement and files a counterclaim for declaration that copyright is not infringed when a single copy of a reported decision , case summary , statute , regulation or a limited selection of text from a treatise is made by the great library staff or patron for research purposes .
desbarats , peter . the hecklers ; a history of canadian political cartooning and a cartoonists ' history of canada , toronto : mcclelland and stewart . 1979 .
harevan , tamara .
an ambiguous alliance : some aspects of american influences on canadian social welfare , 4th . ed .
histoire sociale . 1969 .
townson , monica . pensions under attack : what ' s behind the push to privatize public pensions . ottawa : canadian centre for policy alternatives , 2001 .
guillemette , rev . andré - marie .
future activity on behalf of the aging .
in proceedings of the canadian conference on aging . toronto : 1966 .
binnie’s remarks were later given added thrust in cch canadian . reminding us that fair dealing “was always available , ” mclachlin continued with : “research must be given a large and liberal interpretation in order to ensure that users’ rights are not unduly constrained ( para . 49 - 51 ) ” . and after a multi - factor examination of the copying under scrutiny ( building and improving upon the four factors of american fair use ) the court declared fair dealing .
ascah , louis . the great pension debate : federal and provincial pension reform - missing , misleading and shrinking : proposals . the canadian centre for policy alternatives . ottawa : 1991 .
gee , e . m . and s . a . mcdaniel .
pension politics and challenges : retirement policy implications
canadian public policy vol . 17 . ( 1991 ) .
strong - boag , v .
mothers ' allowances and the beginnings of social security in canada .
journal of canadian studies , 14 : 1 , ( spring 1979 ) . 5th .
cch workflow - powered by xcm provides real - time access to client information , helping professionals manage their firm’s various processes and offices more efficiently . the new solution automates the firm’s workflow processes , saving an average of 90 minutes per person per day , according to preliminary results from xcm solutions’ annual client survey .
simeon , richard and ian robinson . state , society , and the development of canadian federalism . toronto : university of toronto press , 1990 . ( the collected research studies / royal commission on the economic union and development prospects for canada ) .
carman , francis a .
canadian government annuities , a study of their relationship to poverty in old age ,
new york , academy of political science . quarterly vol . 30 , no . 3 ( sept . 1915 ) , pp 425 - 447 .
tupper , charles , sir . speech of the honourable provincial secretary [ i . e . charles tupper ] on the union of the colonies , [ s . 1 , s . n . ] 1987 , 1865 1 microfiche ( 12 fr . ) . half title .
dr . tupper addressed the house as follows
- p . [ 3 ] .
[ from the official reports of april 10 , 1865 ] in double columns . filmed from a copy of the original publication held by the metropolitan toronto library , canadian history department , ottawa : canadian institute for historical microreproductions .
no evidence the copiers were used in manner inconsistent with copyright law . the court held that the court of appeal erred in finding that lsuc ' s posting of the notice constitutes an express acknowledgement that copiers will be used in an illegal manner . lsus lacks sufficient control over the works patron chooses to copy , purposes for copying , or photocopiers themselves . lsuc does not have to go out and prove that people who use copiers or take advantage of the custom photocopy service have done so in accordance with the law ; the burden of proof rests on cch ( can rely on the fair dealing exception ) .
toby , the american tour of messrs . brown , james and robinson ; being the history of what they saw & did in the united states , canada and cuba by toby , new york , d . appleton , 1981 1872 2 microfiches ( 81 fr . ) . filmed from a copy of the original publication held by the university of british columbia library , ottawa : canadian institute for historical microreproductions .
the postwar era remained highly competitive for legal and business reference publishers , with corporation trust , prentice hall , and commerce clearing house all seeking to exploit new market niches . when commerce clearing house created the business law reference reporter , prentice hall sued the company for copyright infringement . the protracted legal battle , although ultimately inconclusive , severely damaged commerce clearing house ' s financial reserves . in 1927 , in order to preserve his business , kixmiller merged commerce clearing house with corporation trust . the new corporation took the name commerce clearing house , inc . , ( cch ) although corporation trust ( and the thorne family ) assumed the controlling interest in the company .
encouraging as the decision was , it by no means assured anyone of success in the long - term pursuit of balance in copyright law . in a comment upon the case , teresa scassa wondered if it was “too little , too late . ” the predilection of the world then ( as it is now ) was to adopt more expansive copyright and the canadian government of the day showed no signs of taking a different course of action . she wrote :
the case offered much to canadians . fair dealing emerged as a robust principle instead of merely a defense against infringement . institutions were provided instruction in how to shape their practices to be in accordance with the law . yet a curious byproduct of the ruling seems to be more confusion over when and how to apply fair dealing . and forgotten is a tangential remark : canadian libraries already had the right to stand in the shoes of their patrons for acts of fair dealing .
… [ w ] hile the canadian supreme court’s new balancing approach offers users greater scope under the existing copyright legislation than they have ever realistically been able to hope for , it is an approach that may be anachronistic , insufficient and ultimately against the grain of current legislative and international directions . the court may well be situating itself as the last champion of a much beleaguered underdog – the ordinary user , and in this respect , the effort is welcome ( p . 97 ) .
north of 49 , posted february 24 , 2015 : “the proximity of the united states to canada occasionally leads to some confusion north of the 49 th parallel ; in common parlance , fair use eclipses fair dealing . i cannot resist reminding others : we are canadian ; our exception is fair dealing . yet it is only appropriate to also say that canada has benefited greatly by american fair use . from our vantage point , we were able to appreciate the opportunity provided by flexibility in the language of exceptions , suffer the worst of fair use’s growing pains by proxy , and step ahead of such pain in our own development of exceptions . ” to read more , see link or pdf .
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were the law society ' s dealings with the publishers ' works
fair dealings
under s . 29 of the copyright act ?
the publishers’ works are original and protected by copyright act . applied a test for originality :
lsuc can rely on it’s general practice under the 1996
access to law policy
to establish fair dealing . applied a test for fair dealing :
the copyright act has dual objectives , to balance public interest in the encouragement and dissemination of works and obtaining a just reward for the creator ; the balance among these and other public policy objectives lies not only in recognizing the creator’s rights but in giving due weight to their limited nature .
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/ * * * beep boop beep : computing computing . * bip boup bip : calcul calcul . * * / i analyzed 100 cases citing the present reference . the following paragraphs were the most frequently cited : - i found 8 citations for paragraph 9 - i found 5 citations for paragraph 8 - i found 5 citations for paragraph 16 - i found 3 citations for paragraph 25 - i found 3 citations for paragraph 85 - i found 2 citations for paragraph 10 - i found 2 citations for paragraph 23 * * * j ' ai analysé 100 décisions citant la présente référence . les paragraphes suivants étaient les plus souvent cités : - j ' ai trouvé 8 mentions du paragraphe 9 - j ' ai trouvé 5 mentions du paragraphe 8 - j ' ai trouvé 5 mentions du paragraphe 16 - j ' ai trouvé 3 mentions du paragraphe 25 - j ' ai trouvé 3 mentions du paragraphe 85 - j ' ai trouvé 2 mentions du paragraphe 10 - j ' ai trouvé 2 mentions du paragraphe 23
medovarski v . canada ( minister of citizenship and immigration ) ; esteban v . canada ( minister of citizenship and immigration ) , 2005 scc 51 , [ 2005 ] 2 scr 539
resurfice corp . v . hanke : most cited paragraphs / paragraphes . . .
named person v . vancouver sun : most cited paragraphs / paragra . . .
chieu v . canada ( minister of citizenship and immigration ) : mos . . .
“xcm solutions has become a key piece of the technology equation for firms re - engineering paper - based processes as they move toward a paperless environment , ” said mark albrecht , cpa , mst , founder and ceo of xcm solutions .
sherman , stratford p . ,
the company that loves the u . s . tax code ,
source : international directory of company histories , vol . 14 . st . james press , 1996 .
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the fair dealing exception , like other exceptions in the copyright act , is a user’s right . in order to maintain the proper balance between the rights of a copyright owner and users’ interests , it must not be interpreted restrictively ( para . 48 ) .
all rights reserved . no part of this publication may be reproduced or transmitted in any form or by any means , electronic or mechanical , including photocopying , recording , or any information storage and retrieval system , without permission in writing from the publisher .
if one unpacks this passage , the first sentence is correct . all the rights offered within copyright law have been reserved to the benefit of the copyright holder . at this juncture though , one should remember that extensive as those rights are , copyright holders are not permitted the right to refuse exceptions defined within the same law . copyright holders cannot pick the parts of the copyright act they wish to accept , and the parts which are to be dispensed with . but the sentence that follows in the passage tries to do exactly that ; it categorically denies unauthorized use , despite the fact that fair dealing , fair use , and a host of other exceptions , can allow reproduction and transmission , by whatever means , without the consent of the publisher .
fair dealing / fair use week sparked an outpouring of dialogue about our exceptions for unauthorized use . my favorite was jonathan band’s description of the many sightings of fair use in the daily life of a legislative assistant .
and , it was with great pleasure that i contributed the following posts to harvard library and the office for scholarly communication , and university of toronto scholarly communications and copyright office . my thanks to kyle courtney and daniela cancilla for the invitations to participate with their respective universities .
under s . 30 . 2 ( 1 ) , a library or persons acting under its authority may do anything on behalf of any person that the person may do personally under the fair dealing exceptions to copyright infringement ( para . 83 ) .
i concluded in the main appeal that the law society’s dealings with the publishers’ works were fair . thus , the law society need not rely on the library exemption . however , were it necessary , it would be entitled to do so ( para . 84 ) .
what surrounded the decision with acclaim from public interest advocates , and loathing from some copyright owner representatives , was the recognition by the court that the system of copyright is inherently about nuance—that copyright does not support a blanket prohibition on all copying .
excessive control by holders of copyrights and other forms of intellectual property may unduly limit the ability of the public domain to incorporate and embellish creative innovation in the long - term interests of society as a whole , or create practical obstacles to proper utilization . this is reflected in the exceptions to copyright infringement … which seek to protect the public domain in traditional ways such as fair dealing … ( para . 32 ) .
returning to scassa’s comment , she drew particular attention to mclachlin’s instruction that the availability of a license is not relevant to a decision of fair dealing . scassa wrote : “this is an extremely important statement for libraries and universities which have struggled with the costs of reprography licenses to protect them against copyright infringement actions ( p . 95 ) . ”
tucked into my books is an old newspaper clipping titled “photocopying not an automatic infringement of copyright laws . ” in a space of 12 cm x 15 cm , reporter janice tibbetts succinctly captured and conveyed the main issues : ( 1 ) that copying in itself can be permissible within the mandate of copyright ; ( 2 ) a library can provide copying services ( subject to careful consideration ) for its patrons ; ( 3 ) the mere provision of equipment that could be used for copyright infringement is not authorization of infringement ( emphasis added ) ; and ( 4 ) a higher standard on the meaning of “originality” in terms of what qualifies for copyright protection .
as some readers may recall the principle complaint in the case was the practice of the library of the law society of upper canada making copies of copyrighted material at the request of patrons . key to the favourable outcome was the library’s clearly defined policy governing the requests for copies . writing for the court , chief justice beverly mclaughlin noted :
( the complete access policy is quoted in the ruling ; see paragraph 61 . )
this comports with the purpose of the fair dealing exception , which is to ensure that users are not unduly restricted in their ability to use and disseminate copyrighted works . persons or institutions relying on the s . 29 fair dealing exception need only prove that their own dealings with copyrighted works were for the purpose of research or private study and were fair . they may do this either by showing that their own practices and policies were research - based and fair , or by showing that all individual dealings with the materials were in fact research - based and fair ( emphasis added , para . 63 ) .
notably , while the library’s clientele included commercial law firms this was not a bar to the finding of fair dealing .
in 1999 , amendments to the copyright act came into force allowing libraries , archives and museums to qualify for exemptions against copyright infringement : s . c . 1997 , c . 24 . under s . 30 . 2 ( 1 ) , a library or persons acting under its authority may do anything on behalf of any person that the person may do personally under the fair dealing exceptions to copyright infringement ( para . 83 ) .
section 30 . 2 . ( 1 ) reads as : “it is not an infringement of copyright for a library , archive or museum or a person acting under its authority to do anything on behalf of any person that the person may do personally under section 29 or 29 . 1 . ”
section 29 and 29 . 1 of the copyright act apply to research or private study , and , criticism and review , with the attendant conditions . libraries et al . should take note of section 30 . 2 ( 2 ) ; it is very specific to the purpose of research and private study ; it allows reproduction of complete , single copies of articles taken from scholarly , scientific or technical periodicals . to qualify for section 30 . 2 the library must be a nonprofit entity .
today was an eventful day . ministers clement and moore set the stage for amendment to the copyright act with their op / ed in the national post . the ministers emphasized the importance of facilitating creative effort in canada . to that end , the parliamentary process for amending the act has begun with the notice paper .
when courts adopt a standard of originality requiring only that something be more than a mere copy or that someone simply show industriousness to ground copyright in a work , they tip the scale in favour of the author’s or creator’s rights , at the loss of society’s interest in maintaining a robust public domain that could help foster future creative innovation . … by way of contrast , when an author must exercise skill and judgment to ground originality in a work , there is a safeguard against the author being overcompensated for his or her work . this helps ensure that there is room for the public domain to flourish as others are able to produce new works by building on the ideas and information contained in the works of others [ para . 23 ] .
the term public domain is also not defined in our act . connotation of the phrase ranges from the benign ( that which is freely available to the public ) to an aura of degradation ( to fall into the public domain implies a loss of stature ) . common to both interpretations is the belief that material in the public domain is absent copyright , either through expiry or ineligibility . as i have noted the world intellectual property organization defines the public domain as , “… the realm of works which can be exploited by everybody without any authorization . ” this includes work lacking copyright protection , however , it also includes currently copyrighted material accessed in accordance with exceptions detailed in our act . including fair dealing .
i had the pleasure of chatting with librarians on friday , yet i always leave such events with the same guilty feeling i have after spending time with my mother . librarians and mothers look after us , even when we don’t know that they are doing it . and on those days ( many in my case ) when i explicitly ask for help from either party – i get far more than i had imagined possible .
but guilt is a less - than - practical emotion . theoretically , one should use that same mental energy in a productive fashion . so the solution seems easy enough – give back a little of the wealth of help that keeps coming my way . well , i tried that with my own mother yesterday . my daughter and i took her out for a shopping session and dinner in an indian section of town . by the end of it , my groceries had been bought ( by mother ) , our dinner paid for ( by mother ) , and i was wearing a pretty new necklace ( also courtesy of mother . ) seriously , i didn’t plan it this way .
which leaves the library community as my only source of guilt - alleviation . all i can really give are recitations of copyright lore . so here’s one that might be of interest . for fair dealing , librarians can stand in the shoes of their patrons .
30 . 2 ( 1 ) it is not an infringement of copyright for a library , archive or museum or a person acting under its authority to do anything on behalf of any person that the person may do personally under section 29 or 29 . 1 . 30 . 2 ( 1 ) ne constituent pas des violations du droit d’auteur les actes accomplis par une bibliothèque , un musée ou un service d’archives ou une personne agissant sous l’autorité de ceux - ci pour une personne qui peut elle - même les accomplir dans le cadre des articles 29 et 29 . 1 .
in 1999 , amendments to the copyright act came into force allowing libraries , archives and museums to qualify for exemptions against copyright infringement : s . c . 1997 , c . 24 . under s . 30 . 2 ( 1 ) , a library or persons acting under its authority may do anything on behalf of any person that the person may do personally under the fair dealing exceptions to copyright infringement .
today i don’t have to cook . the leftovers from yesterday’s feast are in my fridge ( along with the added treats m . bought us from the sweet shop ) . must make a phone call now…
laura murray has posted her contribution to the recent ottawa roundtable concerning revisions of the copyright act . ( thank you laura . ) i share her concern that fair dealing’s usefulness will be eradicated if implicated within licensing programs . as it is , the academic community tends to bestow more rights upon copyright owners than the law actually provides .
for various reasons , there is a presumption that use of copyrighted material relies on permission from the copyright holder . past efforts to protest have been met with indignation , and academic representatives were seen as wanting everything for free . i have written on this issue before , with respect to the consultations of 2004 :
…a frequent theme of discussion was that manufacturers of tables , chairs , and software are not asked to give away their work for free , so why should creators be requested to do so ? lost in the argument was the fact that no - one had asked creators to make their work available for free , instead , free work was asked to be made available—that existing free rights of access to copyrighted work should be respected and protected .
i hope the efforts of laura and many others come to fruition , and that fair dealing receives the support of the federal government of canada . but to what extent will the academic community , as a whole , utilize fair dealing ? the palpable unwillingness to engage with fair dealing as it is currently available is alternately puzzling and disturbing . particularly in light of the strong support provided to fair dealing by the supreme court of canada .
apart from the broader constituency of canadians as a whole , the academic community is the largest stakeholder in canada which benefits by fair dealing . students , teachers , researchers , and administrators all rely upon this modest measure of unauthorized reproduction . given that the supreme court justices also noted the “relevance of a custom or practice of a particular trade or industry” upon a decision of fair dealing , fair dealing’s legitimacy within academia rests upon academic engagement .
this work is licensed under a creative commons attribution - noncommercial - sharealike 4 . 0 international license . follow @ fairduty
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