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Internet

A global computer network through which the almost-instant delivery of data or files occurs between connected computers.

"A global super-network of ... computer networks used by ... individuals, corporations, organizations, and educational institutions worldwide."

Braintech Inc. v. Kostiuk (1999) 171 DLR 4th 46 (BCCA)

But this definition omits a core component of the Internet: almost-instant data or file exchange.

As the Canadian Copyright Board ventured in 1999:

"The essence of what the Internet is and what occurs on it can be stated in a few sentences.

"It is a telecommunications network.

"Its purpose is to transmit files containing data, including music as that term is commonly understood. In order for a transmission to occur, the following events must take place. First,  the file is incorporated to an Internet-accessible server. Second, upon request and at a time chosen by the recipient, the file is broken down into packets and transmitted from the host server to the recipient's server, via one or more routers. Third, the recipient, usually using a computer, can reconstitute and open the file upon reception or save it to open it later; either action involves a reproduction of the file, again as that term is commonly understood."1

 

References:

 

1.   Re SOCAN Statement of Royalties, Public Performance of Musical Works 1996, 1997,1998 (Tariff 22, Internet) 1 C.P.R. (4th) 417

 


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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