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Canadian jurisprudence has largely focused on functional equivalency between physical and digital transactions when applying the principle of technological neutrality, but the jurisprudence has not addressed the differential treatment of converging technologies. The principle of technological neutrality requires that copyrights are to be interpreted so that incumbent and new disseminators are treated equally, unless otherwise provided by parliament. The supreme court grounds the principle of technological neutrality in the principle of prescriptive parallelism “the traditional balance between authors and users should be preserved in the digital environment.”102 this is, apparently, the majority’s response to rothstein j’s claim, in dissent, that “technological neutrality is.
It should come as little surprise, then, that the principle of technological neutrality, recently employed by the supreme court of canada when applying copyright law to online activities, seems similarly fundamental in the copyright realm—but also largely mythical and potentially obfuscatory. While balance between user and right‑holder interests and technological neutrality are important principles under canadian copyright law, they are interpretive principles which do not trump, and cannot change, the express terms of the act. Openai wants to help canada build a sovereign digital infrastructure for artificial intelligence, putting the country in a tough spot as it tries to distance itself from overreliance on u.s “the principle of technological neutrality is recognition that, absent parliamentary intent to the contrary, the copyright act should not be interpreted or applied to favour or discriminate against any particular form of technology.”
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