The Canadian Supreme Court believes it has jurisdiction over the entire Internet.

[Harshaw]

Worldwide.

Google Loses Supreme Court of Canada Case Over Search Results | Fortune.com

The Supreme Court of Canada ruled against Google on Wednesday in a closely-watched intellectual property case over whether judges can apply their own country's laws to all of the Internet.

In a 7-2 decision, the court agreed a British Columbia judge had the power to issue an injunction forcing Google to scrub search results about pirated products not just in Canada, but everywhere else in the world too.

Those siding with Google, including civil liberties groups, had warned that allowing the injunction would harm free speech, setting a precedent to let any judge anywhere order a global ban on what appears on search engines. The Canadian Supreme Court, however, downplayed this objection and called Google's fears "theoretical."

Look, I'm friendly to IP protection, but this is preposterous. Canada has jurisdiction over Canada.

There's very little difference between this and, say, following the recent case in Germany over hate speech on the Internet, a German court trying to shut down a website hosted in Pennsylvania because it runs afoul of German "hate speech" laws.

Of course, the Canadian courts are hardly the first to try to do this.

 

[Captain Adverse]

Worldwide.

Google Loses Supreme Court of Canada Case Over Search Results | Fortune.com

Look, I'm friendly to IP protection, but this is preposterous. Canada has jurisdiction over Canada.

There's very little difference between this and, say, following the recent case in Germany over hate speech on the Internet, a German court trying to shut down a website hosted in Pennsylvania because it runs afoul of German "hate speech" laws.

Of course, the Canadian courts are hardly the first to try to do this.

Good luck trying to enforce it anywhere outside of Canada.

Moreover, all Google has to do is deny access to IP's originating in Canada. Then see if Bing or any of the others end up in the same boat.

 

[Napoleon]

So how do they plan on enforcing this order?

 

[Carjosse]

Worldwide.

Google Loses Supreme Court of Canada Case Over Search Results | Fortune.com



Look, I'm friendly to IP protection, but this is preposterous. Canada has jurisdiction over Canada.

There's very little difference between this and, say, following the recent case in Germany over hate speech on the Internet, a German court trying to shut down a website hosted in Pennsylvania because it runs afoul of German "hate speech" laws.

Of course, the Canadian courts are hardly the first to try to do this.

There is a massive difference between that and this, the Canadian government wants Google to remove results form its whole service because a Canadian company had its copyright violated. If you do not agree with this American movie studios should not be able to take down foreign hosted torrent websites. Americans have been doing this for more than a decade now and it is not just limited to the internet.

 

[Fenton Lum]

And america, the only nation ever to drop nukes, thinks it gets to tell the world who can have them and who cannot, but I reckon those Canadians are just not "exceptional".

 

[Harshaw]

There is a massive difference between that and this, the Canadian government wants Google to remove results form its whole service because a Canadian company had its copyright violated. If you do not agree with this American movie studios should not be able to take down foreign hosted torrent websites.

One country can only enforce its copyrights in another country through treaty with that country.

 

[Carjosse]

One country can only enforce its copyrights in another country through treaty with that country.

And we have that with the United States, and Google is a US based company, bound by US law. In fact we have one with most of the world.

 

[Harshaw]

And we have with the United States, and Google is a US based company, bound by US law.

Then that's up to the US government to enforce, not a Canadian court, and certainly not a Canadian court claiming jurisdiction over the entire Internet, worldwide.

 

[SocialD]

Worldwide.

Google Loses Supreme Court of Canada Case Over Search Results | Fortune.com



Look, I'm friendly to IP protection, but this is preposterous. Canada has jurisdiction over Canada.

There's very little difference between this and, say, following the recent case in Germany over hate speech on the Internet, a German court trying to shut down a website hosted in Pennsylvania because it runs afoul of German "hate speech" laws.

Of course, the Canadian courts are hardly the first to try to do this.

How can Canada possibly enforce this anyway? they have no way of controlling how search results work in other countries. Even China and NK haven't had the huevos to do that.

 

[Carjosse]

Then that's up to the US government to enforce, not a Canadian court, and certainly not a Canadian court claiming jurisdiction over the entire Internet, worldwide.

I am not saying I support the ruling but it is incredibly hypocritical to not condemn the US for doing literally the exact same thing, on a much larger scale and scope.

 

[Harshaw]

I am not saying I support the ruling but it is incredibly hypocritical to not condemn the US for doing literally the exact same thing, on a much larger scale and scope.

Examples of US courts claiming jurisdiction over the entire Internet?

 

[Harshaw]

How can Canada possibly enforce this anyway? they have no way of controlling how search results work in other countries. Even China and NK haven't had the huevos to do that.

Well, they can't. I suppose they could bar Google from operating in Canada, but that probably hurts Canada more than it does Google. As someone else mentioned, Google could just close itself off from Canadian IPs.

 

[Grand Mal]

Then that's up to the US government to enforce, not a Canadian court, and certainly not a Canadian court claiming jurisdiction over the entire Internet, worldwide.

But without the Supreme Court judgement, there's nothing to enforce. Other countries enforce and support US patents and copyrights. Why is this a problem for you?

 

[reinoe]

How can Canada possibly enforce this anyway? they have no way of controlling how search results work in other countries. Even China and NK haven't had the huevos to do that.

Because there's no difference between liberals and authoritarians. In fact it's easy to say Canadian liberals are more anti-freedom than the North Korean government.

 

[Mr Person]

How can Canada possibly enforce this anyway? they have no way of controlling how search results work in other countries. Even China and NK haven't had the huevos to do that.

A tangent, but still: that gets to one of the dangers inherent in our Democracy.

You could say the same thing about a Supreme Court order. How can they enforce it? They can't. They have no army. Their power resides only in everyone else playing by the rules. The only reason southern states had to desegregate - and they took their sweet time anyway - is that the chief executive issued orders that mobilized federal power to enforce the order. The Chief Executive could have said "**** it"; if state forces were of like mind, there would have been a constitutional crisis.



Democracy, like fate, hangs on a thread. It's a danger at rest. As always, might may not make right, but it does make reality.

 

[Mr Person]

Because there's no difference between liberals and authoritarians. In fact it's easy to say Canadian liberals are more anti-freedom than the North Korean government.

I just farted, and the fart made more sense than that post.



I think it might have been a warning about an incoming prop plane or maybe someone screwing up the throttle on their lawn mower, though I don't see either outside.

:shrug:

 

[Harshaw]

But without the Supreme Court judgement, there's nothing to enforce. Other countries enforce and support US patents and copyrights. Why is this a problem for you?

That's not how the Berne Convention works. The Berne Convention requires the courts of a country to respect other signatories' copyrights at least as well as their own. The suit to enforce a Canadian copyright would have to be filed in a US court.

 

[Carjosse]

Examples of US courts claiming jurisdiction over the entire Internet?

That is what happens in practice, Google removes results for searches outside of the US when a copyright complaint is made to them for US copyrighted material but when it is Canadian apparently that is too much. They persecute foreigners and foreign companies all the time for breach of US copyright.

 

[Henrin]

Looks like the Canadian court need a reminder on what sovereignty means.

You see that border right there? Yeah, that's where your power stops. lol

 

[SocialD]

I just farted, and the fart made more sense than that post.



I think it might have been a warning about an incoming prop plane or maybe someone screwing up the throttle on their lawn mower, though I don't see either outside.

:shrug:

'You could say the same thing about a Supreme Court order.'

But the executive will enforce an order by the supreme court. my point with the Canada ruling is they have no way of enforcing it, even with an army.

 

[Grand Mal]

Looks like the Canadian court need a reminder on what sovereignty means.

You see that border right there? Yeah, that's where your power stops. lol

We'll see.

 

[Harshaw]

That is what happens in practice, Google removes results for searches outside of the US when a copyright complaint is made to them for US copyrighted material but when it is Canadian apparently that is too much. They persecute foreigners and foreign companies all the time for breach of US copyright.

Examples?

 

[Henrin]

We'll see.

It's not a question of we will see, but your ****ing border is right ****ing there and you will keep your ass in it.

 

[Carjosse]

Examples?

If I search anything right now on Google Canada that is copyrighted you will see the number of results removed due to DMCA. The DMCA has nothing to do with our Copyright Act.

 

[Carjosse]

It's not a question of we will see, but your ****ing border is right ****ing there and you will keep your ass in it.

Maybe the US should try ****ing doing it.