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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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