Friday, May 31, 2024

Blacklock's Loses Bigly in Federal Court - Part I

May 31, 2024

 JUDGMENT in T-1862-15

THIS COURT’S JUDGMENT is the following:

1. It is hereby declared that, having purchased the only type of subscription

available, which was allowing the acquisition of the password needed to access

articles produced by Blacklock’s Reporter, Parks Canada’s use of the password in

the circumstances of this case constitutes fair dealing under section 29 of the

Copyright Act.

2. It is hereby declared that the licit acquisition and use of a password, if it is

otherwise a technological protection measure, does not constitute the

circumvention of the technological protection measures of the Copyright Act.

3. There is no order as to costs.

"Yvan Roy"

Judge

***

Federal Court docket for T-1862-15

https://www.ippractice.ca/file-browser/?fileno=t-1862-15 

More to follow - this is a 67 page and very thorough decision.


PS June 1, 2024:

Yet another Blacklock's big black eye in its long litany of losses: a week before its devastating loss in the Federal Court, Blacklock's loses badly & expensively in lengthy Ontario courts litigation to avoid paying its former lawyer, Yavar Hameed <canlii.ca/t/k4tlk> HT @MarkBourrie