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
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