MI2N
Music Industry News Network
SUNDAY, NOVEMBER 19TH
Advanced Search
MusicDish Advertising Network
HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Business News (more headlines) 07-06-2017

Supreme Court Of Canada Rules That Search Engines Can Be Compelled To Remove Illegal Sites From Results

Bookmark and Share

Music Canada welcomes landmark Supreme Court of Canada decision in Equustek Solutions v. Google upholding a ruling that Google can no longer provide search results anywhere in the world that point to a website that unlawfully sells the intellectual property of another company. Music Canada joined several other creative industry associations as interveners supporting Equustek in the case.

The case establishes principles that will guide the responsibilities of Internet intermediaries to reduce or eliminate harms amplified by their activities. In the case, Google admitted that it employs a team of more than 40 employees to remove search results to material that offend its company policies, but resisted a court order compelling it to do the same with respect to sites trafficking in goods created from stolen trade secrets.

The Supreme Court ordered Google to stop directing people to the illegal sites. It rejected Google's approach of only de-listing individual pages within sites, which a lower court described as promoting a "Whack-A-Mole" approach to online infringement. It also rejected Google's claim that, as a non-party, it was "immune" to court orders. It concluded that Google was "the determinative player in allowing the harm to occur" and suggested it had a "duty to assist the person wronged".

Importantly, today's decision also ensured that the order applies worldwide and across all of Google's search engines, a crucial development given that the Internet has largely dissolved boundaries between countries and allowed virtual wrongdoers to move from jurisdiction to jurisdiction in search of the weakest enforcement setting.

In particular, the Supreme Court emphasized "The problem in this case is occurring online and globally. The Internet has no borders – its natural habitat is global. The only way to ensure the interlocutory injunction [order] attained its objective was to have it apply where Google operates – globally."

The only way to protect the plaintiff was to prevent the search results from being displayed where they do the most harm: on Google's global search results.

Last, the Supreme Court concluded that freedom of expression concerns raised by Google and its supportive interveners were at best theoretical. The speech contained on the sites did not engage any freedom of expression values, but rather violated multiple court orders. The Supreme Court found that "most countries will likely recognize… the selling of pirated products as a legal wrong" and that freedom of expression does not require Google to engage in "the facilitation of the unlawful sale of goods."

Music Canada, together with the International Federation of the Phonographic Industry (IFPI), has been actively involved in this case since it was first appealed to the British Columbia Court of Appeal. Both the Supreme Court and the British Columbia Court of Appeal referred to their assistance in rendering their decisions.

"Today's decision confirms that online service providers cannot turn a blind eye to illegal activity that they facilitate; on the contrary, they have an affirmative duty to take steps to prevent the Internet from becoming a black market," said Graham Henderson, President and CEO of Music Canada. "This is welcome news for creators of all stripes who rely on the Internet as their primary market and for whom illegal online activity can instantly wipe out careers and destroy investment in new releases. Today's decision provides a vital remedy to address illegal online activities and enforce the rights of creators."

Bookmark and Share

back | top



MusicDish Advertising Network

Mi2N Music PR

LOVE MY COUNTRY! Is The Ultimate Compilation Series Featuring 20 Hot New Hits

Getting Restless

Your Favorite Color Releases "Heartache"

Melvin Alan Album "Wonderful Life"

Jean Louisa Kelly Presents A Personal Collection Of Songs From The American Standards And Musical Theater

halie and the moon Signs Distribution Deal For Asia With JVC Kenwood Victor Entertainment

Deadline Looms - The 14th Annual Acoustic Music Awards



MusicDish*China Song Blast
Promote Your Music Single In China

News Headlines
Mi2N EDITOR'S PICKS
» Kobalt Capital Closes Second Music Royalties Fund With $600 Million In Investment Capacity
» Rare 78rpm Records Are Being Digitized Using Prism Sound Titan Audio Interfaces
» Asylum Records Relaunched In U.S.
» Emiko Releases New Music Video Highlighting Survivors Of Sexual Abuse
» Billboard Single “God With Us” By CLARĒTA Haddon Gains Mainstream Radio Traction
» Jon Batiste Becomes Music Director Of The Atlantic
» Amazing Music Tracks - Free Music Licensing
» Rick Vines All Stars Travel To SPACE! Mon Dec 4th!
» LOVE MY COUNTRY! Is The Ultimate Compilation Series Featuring 20 Hot New Hits
» New Rock Band Cathedral Reign Recording New Music


Get your music news covered...
Have your press release written
by the pros at Mi2N

Articles
MUSICDISH E-JOURNAL
» Women Make An Impact On The 2018 MPG Awards Shortlist
» The Nashville Musicians Sound Healthcare Plan Rolls Out
» Streaming & Listening Diversity - Spotify Case Study
» Two-Sides Of Copyright Finance: Sound Royalties & Kobalt
» Career Moves: ROLI, Live Nation Sweden, Music Glue, BBR Music Group, Warner/Chappell Music Spain & Blue Night Soundscapes
» Europe's Digital Music Leaders Form Alliance
» Pandora Subscriber Base Grows To Over 5 Million
» Hybrid Studios Announces Online Mastering Services
» Music Industry Betting On VR & AR For New Revenue
» Sound Royalties Unearths Millions In Undistributed Royalties
» MusicDish*China October China Label Music Releases And Charts
» Deezer Becomes Miami Dolphins' Official Music Partner

Mi2N's Music PR distribution service guarantees online exposure for your press release. Choose from seven (7) different packages.


HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Copyright © 1997-2017 MusicDish LLC, all rights reserved. Text, graphics, and HTML code are protected by US and International Copyright Laws, and may not be copied, reprinted, published, translated, hosted, or otherwise distributed by any means without explicit permission.