David Canton is a business lawyer and trade-mark agent with a practice focusing on technology issues and technology companies.



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July 13, 2005

Cell phones and driving

David Canton @ 7:55 am

Many jurisdictions have banned talking on cell phones while driving unless a hands free phone is used.

Yet another study has shown, however, that it is not holding the phone to your ear that is distracting, it is the attention you are paying to the call.

And how does that compare to other distractions such as drinking coffee, tuning the radio, or telling your kids in the back seat to be quiet?

Another example of knee-jerk legislation where the legislators try to correct a perceived wrong without really taking the time or energy to understand the problem.

Lets all take some responsibility and curb cell phone use (and all those other distractions) when driving. Make that quick call or tune the radio at a red light – call the person back when out of heavy traffic.

Read a Wired post
Read a Techdirt post

July 12, 2005

Microsoft, open source, and the music industry

Tags: — David Canton @ 7:33 am

ZDNet has an article called Microsoft learns to live with open source. It talks about how Microsoft is at least to some extent making its products useable with open source software, and even publishing some development tools in open source.

Many had predicted that open source software was one of the biggest competitive threats Microsoft has ever faced. Microsoft will no doubt continue to promote the advantages of its own products over open source competitors – but it sees that cooperating with open source makes sense.

This is noteworthy on its own, but it also illustrates a bigger picture. One of Microsoft’s strengths is that it looks to the future and embraces whatever it needs to remain on top – even if it means dramatic reversals in its thoughts or business plans.

Compare that to the music industry that steadfastly sticks to the past – and tries to stop new technology and force people to fit within their traditional model.

I wonder if that has anything to do with Microsoft being so successful, and the music industry complaining about lower sales?

Read the ZDNet article

July 11, 2005

Guidelines useful in blogging

Tags: , — David Canton @ 7:33 am

DAVID CANTON – For the London Free Press – July 9, 2005

Read this on Canoe

The phenomenon of corporate blogging is emerging as an important tool for companies to interact with current and potential customers.

A blog is a mix of online journal and website, and functions as an individual interaction rather than a formal corporate communication.

Employees might use blogs to post comments on their company’s new product releases or even their thoughts on the latest movie. It can be akin to writing letters to readers.

A blog can be used as a marketing tool that shapes the public’s perception of the company. A single employee can become an important contact for customers. As a result, many businesses are encouraging blogging on the job.

However, corporate blogging has its drawbacks.

(more…)

July 8, 2005

Keystroke logging illegal?

David Canton @ 7:39 am

There have been recent reports saying that keystoke logging (an employer adding software to monitor the keystrokes of employees) has been declared illegal. They are based on a decision of the Alberta Privacy commissioner.

The decision really does not go that far however. Yes, it came down hard on the intrusiveness of it, and decided that it violated the privacy legislation.

It was, however, based on public sector privacy legislation as it affected a public library, not private sector privacy legislation. And it merely decided that in this case there were other means available to determine if the employee was making improper use of work time and resources.

Read the decision
Read a Slashdot post
Read a Globe and Mail article

July 7, 2005

Cellphone Cameras raise issues

David Canton @ 8:25 am

DAVID CANTON – For the London Free Press – July 2, 2005

Read this on Canoe

Although cellphone cameras have been in Canada for more than three years, new questions are arising regarding their use.

Many businesses have considered how cellphone cameras affect them. The result has been numerous bans — such as in gym club locker-rooms and in places containing sensitive information.

Recently, the legal profession has showed interest in how cellphone cameras may affect their practice and clients.

Cellphone cameras can be a benefit or burden to a lawyer, depending on which side you are on. In an insurance defence case, a lawyer may, under the guise of using a cellphone, take a picture of a plaintiff and use it to question the legitimacy of the alleged injury.

This sort of activity raises consent and privacy issues. The use of personal pictures is governed by the Personal Information Protection and Electronic Documents Act.

(more…)

July 6, 2005

Big Brother can drive your car

David Canton @ 8:46 am

A plan was recently announced in London, England to put tracking devices on cars to monitor them in the congested downtown areas. It could result in lower fees for the “congestion charge” of 8 pounds per day – essentially a toll for driving there.

Recent reports say that the technology can actually be used to monitor the location and speed of cars, and apply the brakes and lift the accelerator if the car exceeds the speed limit.

Very spooky.

Read a Slashdot post
Read an Engadget post

July 5, 2005

The Stealth Trade-mark

Tags: — David Canton @ 8:39 am

A few sources are commenting on the Chicago man who claims to have a trade-mark in the word “stealth”, and has a habit of sueing anyone who uses it.

The problem is that a trade-mark is only for the specific wares or services you use if for, not for the word in general. Apparently some defendants have settled with him to avoid litigation despite this fact.

The articles make for interesting reading.

Read a New York Times article
Read a Techdirt post
Read a Groklaw post

July 4, 2005

Privacy is good for business

Tags: , — David Canton @ 7:52 am

While some businesses embrace privacy principles and at least try to get it right, many still don’t bother. Especially small and mid size businesses that think their customers won’t care, and the regulators won’t bother them.

It has been said that roughly 25% of individuals pay very close attention to privacy issues, which means that at least 25% of any given business’s customers will pay close attention.

David Fraser has 2 recent entries in his The Canadian Privacy Law Blog that provide evidence that it pays to deal with privacy.

First, a reference to an article that sets out how much it costs to deal with a privacy breach.

Second, a reference to a survey that shows people actually make buying decisions based on what they read in a privacy policy. And that hard to understand privacy policies are as bad as no privacy policy.

Read David’s privacy breach cost post
Read David’s policy survey post

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