Is Canadian law stacked in favor of big publishers?

November 21st, 2008
  • I just read that a number of people who were accidentally sold the new Harry Potter book were ordered by a judge to not even look at it until the official release of the book. I'm outraged - this is an accidental breach of contract between the bookseller and the publisher, not between the consumer and the publisher. I find it hard to believe that a judge can have that sort of power - to protect a CHILDREN'S FANTASY BOOK. Is this really possible? Where are we going in the Western world when this can happen?


  • Hello pcventures, Michael Geist, Canada Research Chair in Internet & E-commerce Law, University of Ottawa, Faculty of Law, takes a similar view. Here are his posts on the subject: "Court Orders Harry Potter Purchasers to Return Book" (Jul. 11/05) Michael Geist http://www.michaelgeist.ca/index.php?option=com_content&task=view&id=886&Itemid=85 "More on Harry Potter" (Jul. 12/05) Michael Geist http://www.michaelgeist.ca/index.php?option=com_content&task=view&id=887&Itemid=85 "The Harry Potter Injunction" (Jul. 12/05) Michael Geist http://www.michaelgeist.ca/index.php?option=com_content&task=view&id=889&Itemid=85 Professor Geist's posts link to other information on the controversy, including the publisher's view and the injunction itself. For your convenience, here are a few useful pages: "Re: Injunction Notice" (July 13, 2005) Raincoast Books http://raincoast.com/harrypotter/injunction-commentary.html "Important Notice" (July 9, 2005) [text of injunction] Raincoast Books http://raincoast.com/harrypotter/injunction.html "B.C. store lets slip the new Harry Potter," by James Adams (July 12, 2005) The Globe and Mail http://www.theglobeandmail.com/servlet/story/RTGAM.20050712.wxharry12/BNStory/Entertainment/ - justaskscott Search strategy -- Searched on Google News for: "harry potter" "canadian judge" Browsed links from Michael Geist posts.


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