The Canadian Federal Court of Appeals has rejected an appeal. The appeal sought to overturn a decision regarding the blocking of an IPTV website.
TekSavvy, a prominent Internet Service Provider, filed the appeal. It challenged a 2018 ruling that mandated the company to block access to IPTV Provider GoldTV.
This “site-blocking order” was unprecedented. Subsequently, it faced significant opposition from Internet Service Providers and various third parties.
TekSavvy and others argued that this type of ruling could set a dangerous precedent, potentially leading to numerous similar situations. They highlighted that site-blocking measures infringe upon net neutrality and freedom of expression.
This case garnered significant attention in Canada. Many viewed it as a victory for copyright holders.
Judge Patrick Gleeson was responsible for the decision to compel ISPs to block GoldTV’s website. He acknowledged that site blocking isn’t foolproof, as users can bypass it using a VPN or other methods.
However, he asserted that blocking access to the GoldTV website would still have a meaningful impact.
Evidence shows that site blocking won’t completely eliminate access to infringing services. However, it also shows a significant decrease in visits to these websites where site-blocking is used.
I believe a site-blocking order will effectively limit access to GoldTV Services.
In its appeal, TekSavvy contended that the blocking order jeopardizes the open internet. They also argued it lacks legal basis under Canada’s Copyright Act.
Several other entities, including the Canadian Domain Registry (CIRA) and the University of Ottawa’s legal clinic, joined TekSavvy in opposing the blockade.
CLICK HERE for CIRA Press Release
Justice George Locke dismissed the appeal. He stated that GoldTV is undeniably violating the plaintiffs’ copyrights. Since attempts to halt the service directly have failed, the site-blocking injunction becomes the necessary course of action.
The Judge concluded that the Federal Court has the authority to issue a site-blocking order. I find no flaw in his reasoning or the legal test he applied. Therefore, I see no reason for this Court to overturn his decision.
– Justice George R. Locke
This ruling could be pivotal, potentially influencing future court orders and lawsuits.
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