The internet is borderless, right? So how does one country
balance the rights of internet users within its own borders? And
can a Canadian court reach across an international border to
control the online conduct of an American company?
The case of Google and Equustek is one that has sparked interest
on both sides of the border since it illustrates the limits of one
company's power to enforce its intellectual property (IP)
rights against a determined opponent, and the limits of the
court's power to craft an effective solution for the
enforcement of IP rights.
Google lost in Canada's top court and was ordered to take
steps to "de-index" certain sites from its search results
in an order with worldwide effect, reaching outside Canada's
borders. Google promptly filed an application in US Federal Court
in California, its home jurisdiction, on July 24, 2017, seeking
relief from the reach of the Canadian court order.
