Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Canadian Appellate Court Orders Google To Block Website Worldwide
Almost 20 years ago, John Perry Barlow, the essayist, Grateful Dead lyricist and Electronic Frontier Foundation (EFF) founder, declared that governments had no sovereignty in cyberspace. “Your legal concepts of property, expression, identity, movement and context do not apply to us,” he wrote in his Declaration of Independence of Cyberspace, which went viral when published in 1996. “They are all based on matter, and there is no matter here.”
The courts in the Canadian province of British Columbia beg to differ. A recent ruling by the Court of Appeal for British Columbia affirmed a lower court decision ordering Google Inc. to block certain websites from its search engine ' not just in British Columbia but worldwide. Equustek Solutions Inc. v. Jack, [2015] B.C.A.C. TBEd. JN.039.
The ruling, the first of its kind in Canada and one with international significance for entertainment industry content owners and users, raises questions about the power that courts can wield over the Internet ' a question that is also being raised in other parts of the world. It challenges notions of free speech, extraterritoriality and an open Internet. And it raises the possibility that intellectual property owners will file more lawsuits in British Columbia as it develops a reputation as a venue willing to exercise its authority beyond its provincial borders.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?