Blacklock’s then amended its arguments in the cases “to introduce a new basis of liability, namely that a had been breached with the sharing of a password by public servants at Parks Canada,” the attorney general outlined in court documents.
Federal Court heard those arguments last week, seven-and-a-half years after the Parks Canada case was launched in 2015. Blacklock’s actually decided to drop the case in 2020, filing a notice of discontinuance, but the attorney general, representing the federal government, asked the court to rule on the case in a summary judgment.Article content
The Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic intervened in the case to argue the judge should determine that entering a valid password isn’t circumventing a TPM, and that the TPM provisions don’t trump the fair-dealing exception in the Copyright Act. That fair-dealing exception covers research, private study, education, parody, satire, news reporting and criticism and review.
CIPPIC pointed out copyright owners can still use contracts, which aren’t subject to a fair dealing defence, to “discourage” circumventing technological protection measures.
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