8/6/2019 Katz Application for Extension and request to Commissioner of Competition

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Faculty of Law, 78 Queens Park, Toronto, ON, Canada M5S 2C5

ARIELKATZ

ASSOCIATE PROFESSOR

INNOVATIONCHAIR,ELECTRONICCOMMERCE

ASSOCIATE PROFESSOR

INNOVATIONCHAIR,ELECTRONICCOMMERCE

June 15, 2011 - BY EMAIL -

Mr. Gilles McDougall

Secretary GeneralThe Copyright Board of Canada

56 Sparks Street, Suite 800Ottawa, Ontario

K1A 0C9

Dear Mr. McDougall,

Re: Applications to:

(1) Extend the Time for Responding to the AUCC Application regarding

Transactional License; and

(2) Invite the Commissioner of Competition to Intervene in this Case

In response to the Boards decision from June 9, 2011, I wish to request an extension for

responding to the AUCC application from June 8, 2011. I also wish to request the Board to

solicit the opinion of the Commissioner of Competition, as an intervener or otherwise as the

Board may see fit.

The reasons for these requests are the following:

As you will know, I have to respond to Access Copyrights interrogations by June 17, and

respond to the AUCC Application by June 16. As a practical matter, responding to both at thesame time creates a serious difficulty for me.

Not less important is the fact that the AUCCs allegation suggest that many of the concerns that I

raised in my objections to the Interim Tariff have indeed materialized despite the Boards efforts

to mitigate them. Naturally, I take these issues very seriously. Nevertheless, I am not completelypersuaded that amending the Interim Tariff to require Access Copyright to grant transactional

licenses on a per copy basisas the AUCC requestsis necessarily the optimal remedy for these

issues. In fact, I am concerned that ordering Access Copyright to grant transactional licenses

might actuallyunder some circumstancesaggravate the problem. In order to develop aninformed opinion, it would also be highly beneficial for me to read and consider Access

Copyrights response, including its proffered justifications for the alleged change in its licensing

practices.

I would also add that if true, the AUCCs allegations amount not only to bad faith,

misconduct and gross abuse of the collective administration of copyrights as AUCC counsel

writes, and not only an improper use of collective monopoly power in some general sense.

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