Protection from the Protectors: Does the Competition Act Provide an Answer to the Misuse of Technological Protection Measures?

McOrmond suggested that this linkage of authorized content and devices may fall within the definition of tied selling: If you are a competitor of the members of the DVD CCA, or for any reason cannot sign on to their contractual obligations, you will not receive the keys to encode your own content or decode content. It should be reviewed by the Competition Bureau to determine whether such contractual obligations should be allowed. Tying the ability to access content encoded with DVD CCA keys requiring a DVD CCA-approved access device seems like a text- book example of “tied selling” under section 77 of the Competition Act. This article attempts to assess this claim. Specifically, it asks whether Part VIII of the Competition Act is capable of addressing these concerns, while permitting the potential benefits that rights holders seek. The argument proceeds in two parts. First, the analysis is contextualized by examining how challenges to the anticompetitive effects of TPMs have been treated in other jurisdictions. Although the details vary, the fundamental themes and issues of competition law tend to be similar around the world. Useful insights can be drawn from a comparative review of the global jurisprudence. Then, the analysis turns to two key sections of the Canadian Act. Sections 77 (Tied Selling) and 79 (Abuse of Dominant Position) may each potentially apply to the conduct of concern. These sections will be examined by testing them against the Apple iTunes ecosystem. A single vendor example will be easier to analyze than an alleged conspiracy. Moreover, the case represents a high-water mark in that Apple has a dominant position in both the content and the device businesses. If the Competition Act can restrain the anticompetitive exclusionary effect of TPMs in general, these facts should provide a suitable test case

Latex Variation in Hemp Dogbane (Apocynum Cannabinum)

Hemp Dogbane (Apocynum cannabinum) is a weedy perennial native to North America that can reproduce by seed or clonally. Shoots can emerge from vertically oriented crown roots or horizontally orientated lateral roots. This plant can be found readily throughout the nature park in small to large patches. We sampled from 6 populations, 3 within the quarry bottom and 3 outside of the quarry bottom. We looked at latex production to determine if it was influenced more by herbivory or water availability. In our analysis we discovered that water availability played a role in the amount of latex produced and that herbivory was deterred by latex production in nonquarry populations

Ex. 279-US-405

Report: The Relative Merits of the Modified Sag-Tape Method for Determining Instream Flow Requirement

Ex. 277-US-403

Report: The Relative Merits of the Modified Sag-Tape Method for Determining Instream Flow Requirement

Ex. 277-US-403

Report: The Relative Merits of the Modified Sag-Tape Method for Determining Instream Flow Requirement

Latex Induction and Effects of Herbivory on Apocynum cannabinum

Apocynum cannabinum, also known as hemp dogbane, is a species of perennial native to the U.S. This species has been found to be extremely plastic, meaning that its environment has significant effects on its phenotypic traits (Ransom et al. 1998). Plant-herbivore interactions, such as herbivory, can drive this plasticity. One of these responses includes the induction of Latex, a white sappy fluid that exits leaves and stems induced by damage (Agrawal and Konno 2009). This project investigates the effects of early-season vs. late-season herbivory on hemp dogbane, as well as how latex induction is influenced by these plant-herbivore interactions

Ex. 279-US-405

Report: The Relative Merits of the Modified Sag-Tape Method for Determining Instream Flow Requirement

Ex. 281-US-403

Report: The Relative Merits of the Modified Sag-Tape Method for Determining Instream Flow Requirement

Ex. 281-US-403

Report: The Relative Merits of the Modified Sag-Tape Method for Determining Instream Flow Requirement

Dogbane Under Stress: Habitat Differentiation of Anthocyanins in Apocynum cannabinum

The quarry in DePauw’s Nature Park, which was previously stripped of soil and layers of bedrock, offers an ideal study system for understanding how plants adapt to disturbances. The quarry bottom is particularly stressful for plants because of this loss in soil, high variability in water availability due to the poor porosity of the bedrock, and high light intensity. Therefore, plants that live there must have traits suitable for this harsh environment. One response elicited to stress in plants is the production of red pigments called anthocyanins. Anthocyanins are versatile and have been found to be protective in a multitude of ways; among their many functions, they have been shown to protect against tissue damage at high light levels and increase herbivore resistance. Using Hemp Dogbane, Apocynum cannabinum, as a study system, we asked whether anthocyanin content in stems differs between quarry and non quarry environments, if there is a relationship between pigmentation and herbivory, and how pigmentation is selected on in the two habitats