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Google Must Delete Search Results Worldwide, Supreme Court of Canada Rules (fortune.com)

Posted by msmash on from the setting-prededent dept.

The Supreme Court of Canada ruled against Google on Wednesday in a closely-watched intellectual property case over whether judges can apply their own country's laws to all of the internet. From a report: In a 7-2 decision, the court agreed a British Columbia judge had the power to issue an injunction forcing Google to scrub search results about pirated products not just in Canada, but everywhere else in the world too. Those siding with Google, including civil liberties groups, had warned that allowing the injunction would harm free speech, setting a precedent to let any judge anywhere order a global ban on what appears on search engines. The Canadian Supreme Court, however, downplayed this objection and called Google's fears "theoretical." "This is not an order to remove speech that, on its face, engages freedom of expression values, it is an order to de-index websites that are in violation of several court orders. We have not, to date, accepted that freedom of expression requires the facilitation of the unlawful sale of goods," wrote Judge Rosalie Abella.

8 of 271 comments (clear)

  1. Delete all references to Canada by jfdavis668 · · Score: 5, Insightful

    Google should delete all references to Canada. Wipe them off the face of the map. Blame Canada!

  2. Horrifying by Geoffrey.landis · · Score: 5, Insightful

    This is quite horrifying. If Canada thinks that Canadian courts can order Google to delete results everywhere in the world, then the same argument says Chinese courts can order Google to delete results everywhere in the world.

    --
    http://www.geoffreylandis.com
  3. Circumvention, people! by Anonymous Coward · · Score: 2, Insightful

    It's up to us to work around this. We need unfiltered search engines that answer to no authority, instead of all this bickering on who has what rights.

  4. Jurisdiction? by marcle · · Score: 4, Insightful

    It would seem Canada's court is claiming global jurisdiction. I think quite a few governments would have a problem with that.

    1. Re:Jurisdiction? by Anonymous Coward · · Score: 0, Insightful

      There is only one jurisdiction: The 0.01%'s jurisdiction. Which covers amongst other things, Earth, the multiverse, Heaven and Hell, etc....

      Makes their behavior a lot easier to comprehend when you see it that way. As to the legality of it, don't worry. They are still working out the details in the latest international "free trade" agreement, but any legal loopholes that would allow the other 99.98%'s objections to have any impact what so ever will be closed soon enough. After all, we have the best laws that money can buy, and an apathetic populous willing to follow such bought and paid for laws like it's a religion, so your future enslavement to the 0.01%'s desires is safe, rest assured.

    2. Re:Jurisdiction? by Anonymous Coward · · Score: 2, Insightful

      If it's good enough for the US (Kim DotCom/NZ) Why shouldn't Canada be able to apply their laws globally?

  5. So Canada agrees with the U.S. by Solandri · · Score: 5, Insightful

    The Canadian Supreme Court, however, downplayed this objection and called Google's fears "theoretical." "This is not an order to remove speech that, on its face, engages freedom of expression values, it is an order to de-index websites that are in violation of several court orders. We have not, to date, accepted that freedom of expression requires the facilitation of the unlawful sale of goods," wrote Judge Rosalie Abella.

    So Canada agrees with the U.S. that Canadian pharmacies illegally selling prescription drugs to Americans should be de-indexed from Google worldwide.

    Whether this is a free speech or an illegal trade is irrelevant and a straw man. The key issue is whether another country can apply their laws in your country. Maybe considering a case with Canada on the benefiting end of the "illegal" trade might give the judges some perspective.

  6. Google Must Delete Blasphemy Worldwide by swm · · Score: 4, Insightful

    Google Must Delete Blasphemy Worldwide, Supreme Court of Sumeria Rules

    The Sumerian Supreme Court, however, downplayed this objection and called Google's fears "theoretical." "This is not an order to remove speech that, on its face, engages freedom of expression values, it is an order to de-index websites that are in violation of several court orders. We have not, to date, accepted that freedom of expression requires the facilitation of blasphemy against the most terrible name of Gozer (all cower in her presence)," wrote Judge Vinz Clortho.