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ExpressVu case - Canada
>I inadvertently deleted the message I'm replying to about the Canadian
>minidish case, so new title... sorry.
All the case does IMO is rule that the Canadian statute at issue by its
terms prevents companies from offering non-Canadian DTV decoding services.
The case expressly leaves open the issue of whether that statute violates
the Charter (Canada's Bill of Rights equivalent), and it doesn't address
the reverse, selling Canadian DTV stuff to Americans. (The company involved
in the case did so and was stopped from doing so by ExpressVu because that
breached their contract with ExpressVu; the statute at issue does seem to
address provision of signals outside Canada or assisting in their decoding,
but the case does not address that question and there are at least a couple
of distinguishing issues if that were the question before the Court that
would have to be addressed.)
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Douglas J. Broda
Attorney at Law
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