Supreme Court agrees to hear case on search injunction against Google

OTTAWA -- The Supreme Court of Canada will hear Google's appeal of a British Columbia injunction ordering the Internet titan to stop linking to a company that's being sued for trademark infringement.

See Full Article

In 2014, the B.C. Supreme Court ordered Google to stop indexing or referencing websites run by Morgan Jack through his web-based business, Datalink Technologies Gateways.

Google appealed the injunction, claiming the B.C. court lacked jurisdiction to impose a worldwide ban and raising free speech issues.

The provincial court of appeal found the lower court did have jurisdiction and that the injunction was proper.

Google appealed again and now the Supreme Court says it will hear the case.

As usual, the justices gave no reason for choosing to hear the appeal.

In the 2015 ruling under appeal, Justice Harvey Groberman of the provincial court of appeal said Google effectively does business in British Columbia, meaning there was jurisdiction to impose the injunction.

The case involves B.C.-based Equustek Solutions Inc., which produces industrial network interface hardware.

It alleges that Datalink, once an Equustek distributor, relabelled the technology and passed it off as its own. It also alleges Datalink unlawfully acquired confidential information from Equustek to design and make its own competing product and sell it on several websites.

Equustek sought to cut off Datalink's sales with an injunction that would stop Google from linking to the questioned sites.

Google initially agreed to shut down some sites, but objected to a broader ban.

"In 2012, the plaintiffs sought an injunction against Google to force it to remove a number of websites used by the defendants from its search indexes," Groberman wrote in his ruling.

"Google voluntarily removed some 345 URLs from search results on google.ca, but it was not willing to go further. In early 2013, the plaintiffs indicated that they were not satisfied with the arrangement, and the matter returned to court."

The justice said the google.ca solution was of limited value because the defendants kept shifting sites and most of the questioned sales were to purchasers outside Canada.

"The plaintiffs described the effect as being like a game of 'Whack-A-Mole', in which the defendants were nimble enough to circumvent Google's voluntary arrangement."

The case also raised concerns about free speech on and the Canadian Civil Liberties Association and Electronic Frontier Foundation both intervened to argue the need for openness on the World Wide Web.

Groberman, however, said that free speech was not an issue here.

"Google does not suggest that the orders made against the defendants were inappropriate, nor do the interveners suggest that those orders constituted an inappropriate intrusion on freedom of speech."



Advertisements

Latest Tech & Science News

  • Canadian students win big at robotics world championship

    Tech & Science CTV News
    For the second time in 15 years, Canadian students excelled at a global robotics competition. Toronto’s Bayview Glen School came in first out of 32,000 teams at the FIRST (For Inspiration & Recognition of Science & Technology) LEGO League world festival, held in St. Source
  • Egypt moves bed, chariot of King Tut to new museum

    Tech & Science CTV News
    CAIRO -- Egypt has safely transported two unique items, a funerary bed and a chariot belonging to the famed pharaoh King Tutankhamun from a museum in central Cairo to a new one on the other side of the city. Source
  • Flood prediction, climate change impacts on water studied at new Canmore lab

    Tech & Science CBC News
    At a new research lab in Canmore, Alta., scientists are studying the impact of climate change on water, glaciers and snow, and developing tools to predict and warn people about future floods. The Coldwater Laboratory, led by John Pomeroy, recently moved from the Barrier Lake Field Station in Kananaskis Country to the Bow Valley. Source
  • Battery boast, better viewing angles for refreshed Microsoft Surface

    Tech & Science Toronto Sun
    NEW YORK — Microsoft is refreshing its Surface Pro tablet with longer battery life and faster processors. The new, fifth-generation device — simply called Surface Pro — won’t look or feel drastically different from its predecessor. But Microsoft is hoping its under-the-hood improvements will help it compete with newer laptop-tablet hybrids from Samsung and others. Source
  • Trump budget cuts funding for clean air and water programs

    Tech & Science CBC News
    The Trump Administration budget released Tuesday slashes funding for the Environmental Protection Agency by nearly one-third, laying off thousands of employees while imposing dramatic cuts to clean air and water programs. The White House's proposed spending plan for the EPA amounts to less than $5.7 billion, a 31 per cent cut from the current budget year, according to a briefing provided in advance to the media. Source
  • Spacewalking astronauts tackle urgent station repairs

    Tech & Science CTV News
    CAPE CANAVERAL, Fla. -- Spacewalking astronauts are making urgent repairs at the International Space Station. Commander Peggy Whitson and Jack Fischer went out Tuesday morning, three days after a critical relay box abruptly stopped working. Source
  • Spacewalking astronauts pull off urgent station repairs

    Tech & Science CTV News
    CAPE CANAVERAL, Fla. -- Spacewalking astronauts completed urgent repairs at the International Space Station on Tuesday, replacing equipment that failed three days earlier and restoring a backup for a vital data-relay system. It took commander Peggy Whitson much longer than expected to install the spare unit. Source
  • Mudlarking: History buffs dig up priceless treasures along London's River Thames

    Tech & Science CTV News
    Sift through the mud on the shores of a Canadian river and you'd be lucky to find a lost necklace amid the washed-up bottle caps and beer cans. But take a walk along the edge of London's River Thames, and there's a good chance you'll find a piece of ancient history. Source
  • Computer beats Chinese champion in ancient game of Go

    Tech & Science CTV News
    WUZHEN, China - A computer defeated China's top player of the ancient board game go on Tuesday in the latest test of whether artificial intelligence can master one of the last games that machines have yet to dominate. Source
  • Online 'sextortion' complaints involving teen boys jump by 89% in 2 years: study

    Tech & Science CBC News
    Child exploitation experts say they've detected a spike in reports of online "sextortion" cases involving teen boys.Feds eye sexting, cyber violence strategyThe Canadian Centre for Child Protection says 65 boys reported incidents to Cybertip.ca in 2015-16 — an 89 per cent increase from the previous two-year period of 2013-2014. Source