Jump to content

Canada Proposes New Regime to Block and Deindex Pirate Sites


Recommended Posts

The Canadian Government is exploring different options to tackle online piracy through new legislation. One of the proposals is to make it easier for copyright holders to obtain injunctions to block pirate sites and have these deindexed by search engines. Through a newly launched public consultation, lawmakers ask for input on these and other anti-piracy measures.

The Canadian Government is exploring if and how current copyright law should be amended to better fit the present landscape.

To this end, Canada’s Innovation, Science and Economic Development department launched a consultation asking for feedback on a wide range of proposals.

The ultimate goal is to deter piracy by helping copyright holders better protect their content. At the same time, the Government wants to safeguard the rights and freedoms of individual citizens.

This isn’t a new topic in Canada where there have been similar consultations in the past. Just two years ago, this resulted in a thorough review of the Copyright Act, which advised against implementing a broad site-blocking scheme.

Today, however, the site-blocking proposal is again being considered, albeit in a different form.

New Plan to Block and Deindex Pirate Sites

The proposal notes that any new blocking legislation would be primarily focused on commercial-scale infringement. It shouldn’t target individuals directly, although they ultimately are the ones whose access is blocked.

The general idea would be to change the law to ‘expressly’ allow courts to require ISPs to block sites and services. Similarly, courts should also be able to order search engines such as Google to remove these pirate sources from search results.

These orders can be issued without assuming any liability on the part of Internet providers or search engines, who can keep their roles as neutral service providers.

“The Act could be amended to provide expressly for injunctions against intermediaries to prevent or stop online copyright infringement facilitated by their services even where they are not themselves liable for it, such as where they may be protected by the safe harbors,” the proposal reads.

The Government adds that these injunctions should be issued by courts that are expected to guarantee the highest standards of procedural fairness.

Staydown and Termination Injunctions

In addition to site-blocking and search engine de-indexing, courts should also be able to order online service providers to prevent infringing content from being re-uploaded, or to suspend or terminate access to infringing customers.

Cementing these options into law is warranted, according to the Government, as courts have already issued site blocking and de-indexing injunctions in the past. This includes the GoldTV case, which is currently being appealed by Internet provider TekSavvy.

This begs the question; if these injunctions are already an option under current law, why would anything need to change?

Fewer Court Cases?

According to the proposal, clearer legal guidelines could help to bring copyright holders and intermediaries together, which may ultimately lead to fewer court cases.

“This legislative scheme could moreover deter litigation by encouraging intermediaries, rights holders and others to work together to establish a suitable framework for dealing with alleged infringements facilitated by the intermediaries’ services,” the proposal reads.

This indirectly suggests that the Government hopes that the end result will be more voluntary agreements. While some ISPs may be open to the idea of blocking pirate sites without a court order, we doubt that all are.

What About the Copyright Act Review?

To some people, it may come as a surprise that the Government is proposing a site-blocking scheme now as an earlier review of the Copyright Act dismissed this idea. However, the wording of the proposal appears to be carefully crafted to fit the outcome of the earlier review.

For example, the review dismissed the idea of a “non-judicial” site-blocking scheme or “narrowing the safe harbor” of online service providers. Instead, it argued that new legislation should be focused on “commercial-scale infringers.”

The new proposal suggests a “judicial” site-blocking scheme that keeps safe harbors intact and is primarily aimed at commercial-scale infringers. This ticks all the right boxes, although that will undoubtedly be contested.

A full overview of all the proposals, which also includes new measures against repeat infringers and plans for compulsory licensing agreements, is available on the public consultation page published by the Innovation, Science and Economic Development department.

Link to post
Share on other sites

Avoid unnecessary posts such as 'Thank you', 'Welcome', etc. Such posts will be deleted and user will be warned if it happens again. If caught spamming, the following actions are applicable -

  • First time - Warning
  • Second time - 5000 Points will be deducted
  • Third time - Ban for 7 days
  • Fourth time - Permanent Ban

If the post helped you, reward the user by reacting to the post like this -

1.jpg

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Similar Topics

    • New In The Heights Clip Showcases Movie Musical's Impressive Cast

      A new clip from In the Heights highlights the movie's impressive cast. The upcoming film comes from director Jon M. Chu and is based on the musical of the same name by Quiara Alegría Hudes and Lin-Manuel Miranda. Set in New York City's Washington Heights, it follows bodega owner Usnavi de la Vega (Anthony Ramos) as he dreams for a better life. The original musical, which made its Broadway debut in 2008, won multiple Tonys and other prestigious awards. Many are eager to see how the beloved produc

      in Movies & TV Shows

    • Anthony Mackie Wants a Captain America Parade to Celebrate New MCU Role

      Anthony Mackie playfully calls for a parade to celebrate his new role as the MCU's Captain America. Mackie joined the Marvel Cinematic Universe in 2014, playing Sam Wilson, aka the Falcon, in Captain America: The Winter Soldier. Throughout his next MCU appearances, Sam continued to be a vital supporting player in Steve Rogers' (Chris Evans) story, and it wasn't until Steve took his final bow that Sam's future became clear. Steve decided to hand the Captain America shield and title to Sam in the

      in Movies & TV Shows

    • Shazam! 2 Director Explains New Fury of the Gods Logo is Temporary

      Shazam! Fury of the Gods director David F. Sandberg explains the film's new temporary logo. Released in 2019, the first Shazam! starred Zachary Levi as the titular superhero and alter ego of teenage orphan Billy Batson (Asher Angel). With the help of his foster brother Freddy Freeman (Jack Dylan Grazer), Billy must discover his new superpowers to defeat the evil Dr. Sivana (Mark Strong) and the Seven Deadly Sins, who gave Sivana his powers. Directed by David F. Sandberg, Shazam! was a surprise s

      in Movies & TV Shows

    • How to hide number of new Notifications in Action Center in Windows 10

      To hide the total number of new notifications in Windows 10 Action Center, follow these steps- Right-click on the Action Center icon. Select the Don’t show number of new notifications option. At first, you have to right-click on the Action Center icon visible in the Taskbar. Then, select the Don’t show number of new notifications option. That’s all! From now onward, you can’t see the total number of new notifications. Like said earlier, it is possible to get the same res

      in .::IH::. Torrent Guides and Tutorials

    • How to make Firefox open New Tabs as the last Tabs on the right

      To enable the feature to make Firefox tabs open at the right-end of currently opened tabs, open Firefox on your PC and follow these steps. Open Advanced Configuration page Search for browser.tabs.insertRelatedAfterCurrent Disable the preference Let’s see the process in detail. To enable the preference that makes tabs open at the end of the list of the tabs, enter about:config in the address bar and press Enter. You will see a warning page before entering the Advance

      in .::IH::. Torrent Guides and Tutorials

  • Who Viewed the Topic

    2 members have viewed this topic:
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use.