Category Archives: Technology

Subscriptions and Increasingly Intangible Intangibles: Where Does it Stop?

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Without wanting to say too much about my age, I was part of the first generation to play computer games as kids. Yeah [says the guys adopting his Grandpa Simpson voice]: Back then, you bought it and could keep playing it ad nauseam, which included table-top games like Monopoly and console games like Pacman on my Atari 2600.

Well, the least one can say is that those days are gone… far gone. In today’s world, the way software and media are increasingly packaged basically did away not only with physical copies but with perpetual licenses altogether, rather turning everything into a something “as a service”.

You want a movie? Blockbuster’s gone, so are most DVDs and Blu-Ray discs, as most everyone turned to the likes of Netflix to watch movies and tv shows. Streaming is now the standard way to go about it. Heck, a friend was recently telling me Disney recently decided to do away with one of their stapes and stop selling copies of their movies on DVDs and the like. From now on (or soon anyway), you want to watch a Disney flick, you catch it in theaters or you stream it on Disney+. That’s it.

I think this speaks volumes about what’s been going on with media over the past 20 years or so. With the advent of the Internet, we collectively realized that no one needs to own… anything, really.

in today’s world, that even extends to software, of course. With quite a few companies discontinuing their apps and desktop software, rather opting to provide an equivalent that you can use through a browser, for example, the very concept of buying something that you control, call your own and can decide to keep around (or not) is quickly disappearing, software-wise anyway.

Of course, once you no longer own it, the producer of software can modify it at will, or even discontinue certain whole functionalities, at which point there’s fairly little you can really do about it. You really liked that cross-cell funky calculation function in that online application? Well, too bad, the producer elected to discontinue it, starting… oh yeah… yesterday. Don’t like it? Too bad for you.

Recently, I even saw this pushed one step further, when I realized a computer I was under the impression I had purchased (ah ah, fool) simply essentially disappeared overnight from STEAM, the widely used gaming platform. Yup, the game editor decided to pull that particular title and, of yeah, the effect was to essentially prevent those who had “purchased” it (or rather thought they did) to access or use it any longer. You liked that game? Too bad, it’s gone.

Heck, I’ve even read about certain car manufacturers abroad “innovating” (see those quotes?), by charging car “buyers” (see em’ again?) a monthly fee for the benefit of certain functionalities in their new vehicles, such as heated seats for $18 a month, etc. Yeah, seems in today’s world, businesses all want in on that subscription model. It’s just too good to pass on, it seems. Anyway, I don’t pretend telling anyone anything about this they didn’t already know. Just slightly amusing (if not outright tragic) to realize this is happening and that there precious little you and I can do about it. It’s just, as they say, the way it goes.

Canada One Step Closer to Adopting C-27 and IA-specific Legislation

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The Canadian government reiterated last week that we’re collectively moving forward with the revamp of the country’s federal privacy legislation, including an offshoot meant to curb (better control, some would say) rampant and unrestricted adoption of artificial intelligence (“AI”) throughout. At the same time, the bill at issue (named C-27) moved to the second reading stage, bringing us one step closer to a formal adoption of this piece of legislation.

Bill C-27 will reinforce personal information protection throughout Canada but updating a law that is now more than 20 years old and, many would say, quite outdated. The new version of the personal information protection statute at issue will include provisions meant to generally empower individuals in a way that allows them to exercise control over their data, something the current version of the legislation has largely failed to do. Though it’s not quite GDPR, many see this new version of the Canadian privacy legislation as a much needed shot in the arm for our federal privacy regime.

At the same time, this project will likely also include Canada adopting a whole new statute meant to better control the use of AI (e.,g. by businesses), including new rules to try and minimize scenarios where AI is implemented in a way that is incompatible with personal rights and freedoms as well as Canadian values.

The Canadian government clearly says it intends to move forward with all of these. Now, it’s mostly a question of going through the rest of the legislative process, but there’s little doubt that this thing will become law before long. Stay tuned.

Businesses in Québec Should Prepare to Deal with “Assistants” to the Elderly

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Further to the adoption of Bill 18, Québec individuals, including the elderly, who may wish to do so will soon be allowed to appoint one or two “assistants” to help them -a role that will be legally recognized through an amendment being made to the Civil Code of Québec.

Many feel the various protection regimes currently available for vulnerable individuals in Québec leave a gap, especially for family members wishing to help parents and the like with their everyday lives. This sort of situation often includes helping parents understand situations they may find themselves in, asking questions (from government officials or businesses, for example) and interacting with third parties with which the elderly may be required to deal with day-to-day. A good example may be calling a bank, on behalf of a parent who is a client of the institution but unwilling or unable to call him/herself.

The new role of assistants is being created to help fill that gap and avoid often-seen situations where an organization may refuse to talk to a person who is not the citizen or the client at issue him/herself, unless the caller can show he/she has legal authority. To avoid this problem, assistants will be provided with a special status under Québec law, being understood that their role will NOT be to decide or make decisions for protected individuals, but rather to assist and speak for them, whenever it may be required.

After November 1, Quebecers who regularly require help will thus be allowed to designate a loved-on (who is willing to take on this role) to assist them. After going through the formal process of appointing this person, the name of the assistant will be entered into an online database to be hosted and made available by the Québec Curateur public (pursuant to the new C.c.Q. Article 297.10). Thereafter, anyone who needs to confirm whether a person they get contacted by has been duly authorized (as somebody else’s “assistant”) will be allowed to check the database.

One should note that this possibility will be available not only for the elderly but also for other individuals who would benefit from the help of a loved one day-to-day, including those with physical or intellectual limitations, etc.

This change to Québec law will require that for businesses and organizations update their protocols to take into account the possibility that users and customers may soon be contacting them through duly appointed intermediaries. Whenever this happens, assuming the proper verifications are made, businesses and organizations will be legally prohibited from refusing to interact with a customer’s assistant. Indeed, assuming the identity of the assistant is ascertained adequately, one will then be obligated by the Civil Code of Québec to deal with the assistant as the assisted person’s representative and intermediary.

Business and organizations operating in Québec should start training their staff and update their internal protocols, rules and procedures to allow for this change as to “assistants”.