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ARTICLE · 17 MAY 2018

Copyright And Piracy: The Immunity Of Website Operators?

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The Federal Court of Appeal (the "FCA") recently rendered an important decision for the fight against copyright piracy

CanadaIntellectual Property
Langlois Lawyers LLP
Langlois Lawyers LLP
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The Federal Court of Appeal (the "FCA") recently rendered an important decision1 for the fight against copyright piracy, in which it ruled that a website knowingly facilitating the circumvention of legal means to watch television programs cannot benefit from the immunity afforded to neutral conduits under paragraph 2.4(1)(b) of the Copyright Act (the "Act"), even though it may be possible to circumvent such legal means through other legitimate sites like Google. 

The FCA also reviewed the application criteria for interlocutory injunctions and Anton Piller orders seeking, as in this case, to close down such sites and obtain incriminating evidence against their directing minds and other persons involved.

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