Google Wins Ruling to Block Global Censorship Order (fortune.com)
A U.S. judge has partially blocked a recent decision by Canada's Supreme Court that requires Google to delete search results not just in Canada, but in every other country too. From a report: Citing the violation of American laws as well as a threat to speech, U.S. District Judge Edward Davila agreed to grant Google a temporary injunction, which means the company can show the search results in the United States. The search results in question are part of an intellectual property dispute between a Canadian industrial firm called Equustek and a rival company that is reportedly misusing Equustek's trademarks to poach its business. In response, Equustek obtained an injunction in Canada that treated Google as a defendant even though it had no direct relationship with either company. In a controversial decision in June, Canada's highest court agreed by a 7-2 margin to leave the injunction in place.
Should be good for the gander. When I browse google.ca I see references that entries have been removed due to the US DMCA, so why should other countries in which Google operates be able to do the same.
Directly from the article:
"It’s unclear, however, what exactly what will happen now since Google, if it restores the search results in the United States, could be acting in contempt of the Supreme Court of Canada’s decision. Currently, there are over 300 search results Google has had to suppress."
While the original Canadian decision seems like overreach, the US result doesn't really sheild Google if they restore the results in the US. In some sense it is an overreach too.
A US court can't override an order by the Canadian Supreme Court. If Google doesn't comply with the Canadian order, they're in violation of Canadian law, regardless of what the US says.
I bet they apologized first, though.
If Gucci won a court injunction against a knockoff maker of handbags, then Google could still index the knockoff makers results, even though it harmed Gucci - because 'free speech'?
"History doesn't repeat itself, but it does rhyme." Mark Twain
Delete every search result which contains "Equustek" from the entire world without prejudice. Send the ball back into Equustek's court so that they have to expend the time and effort to file a lawsuit against the proper defendant - the company infringing their trademark. Once they've successfully sued the other company and it has stopped infringing their trademark, then they can send Google notice saying that it's it's safe to remove the block on "Equustek" from their search engine. Google's algorithms can once again show search results for "Equustek" without violating the Canadian court injunction.
People need to remember that Google doesn't have to index you. If you make things difficult for them by getting all sorts of crazy court injunctions against them, an alternative that's always available to them is simply not to deal with you anymore.
The US can't force laws on any other country by any meaning of the word. It's up to other countries what laws they enact. If they don't like the terms of any trade deals, they can just walk away.
...The idea that an American judge can block the ruling of a Canadian court in the context of the global actions of a company is no sillier than the idea that Canadian court coins have any jurisdiction on what happens outside their borders.
Face it, the legal structures have a long way to go before they've internalized the modern internet.
-Styopa
The US can't force laws on any other country by any meaning of the word.
Oh, no . . . ? Tell that to the folks in Iraq and Afghanistan . . . when the US military invades a country . . . US law becomes the norm there . . . even if the natives would prefer Sharia Law.
Hell, even "civilized" countries like New Zealand let themselves be steamrolled by the American legal system: Kim Dotcom. He is definitely no angel, but allowing the American FBI to conduct tactical operation there . . . ? What, like New Zealand doesn't have their own cops . . . ?
It even gets thornier with the USA and the EU. The EU can refuse extradite any person to the US if they could face the death penalty. Which should have made Julian Assange safe, but he wisely only trusts folks as far as they can throw them.
So if the Las Vegas shooter had successfully escaped to Europe, and was arrested there . . . a major steaming pile of political fudge would have resulted.
Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
even if the natives would prefer Sharia Law.
They only prefer it in countries where big brother puts a hand on their shoulder and squeezes while they answer the question.
There's a reason they're lining up to get the holy hell out of such countries. Now it's fun to imagine the US is the evil in the world, if you are 14 years old and living in mom's basement, or are on the dole from the Russians, but that's not how people stuck in dictatorships feel. You know, those who actually have to live under the rules you do not.
(-1: Post disagrees with my already-settled worldview) is not a valid mod option.
That judge can't do a darned thing.
Comply or leave. Those are your options.
-- Tigger warning: This post may contain tiggers! --
they can forbid Google to take data gathered in Canada out of the country; maybe unless it has explicit consent of everyone who is referred to in the data. That sort of thing would cause Google (or any similar organisation) a lot of problems.
Oh, no . . . ? Tell that to the folks in Iraq and Afghanistan . . . when the US military invades a country . . . US law becomes the norm there . . . even if the natives would prefer Sharia Law.
No, actually Afghanistan didn't, or at least not in the way the taliban interprets it. The taliban, among other things, forbade things like music, dancing, artwork, and any viewpoints that even slightly strayed from Wahhabism. The majority certainly didn't want this, and furthermore, the US didn't impose its own laws on them. The US deposed the taliban because they were providing safe harbor for terrorists. You're being butthurt over Afghanistan because you think the taliban rule was better means you're just a total fucking asshole.
Iraq was similar; the law that was present prior to the US invasion was imposed by force by the British, and was in fact less Islamic than the people there wanted it. Saddam was actually not popular at all. I'm sure you believe in the farce election that gave him a 99% approval rating, because as mentioned above, you're a total fucking asshole, but really the only people who wanted him there were the ones who's pockets he was lining. The law of the land there was actually written and spoken for by many religious figures, and the people there voted for it in a free election.
If you want an example of a modern day country that still has a (mostly) US written constitution to this day, that would be Japan. Douglas MacArthur was installed as a de-facto governor of that country just after Japan surrendered (in fact, they informally refer to him as Gaijin Shogun, or Foreign Military Ruler.) The majority of the country still wanted imperialistic rule and militarism to remain intact, because that was at the heart of their culture (and in some ways, it still is.) MacArthur, and a very small number of Japanese people that were considered radicals in their country at the time, formed a constitution similar to our own in many ways, with the exception that the royal family maintained symbolic power, and Japan was to have no military. Of course, I'm sure you hate this as well, because as was mentioned twice already, you're a total fucking asshole.
Interesting, so in your mind, South Koreans would be better off if only we had allowed the DPRK to conquer it?
> If they don't like the terms of any trade deals, they can just walk away.
Japan begs to differ. Ever heard of the Perry expedition? https://en.wikipedia.org/wiki/...
I'm not repeating myself
I'm an X window user; I'm an ex-Windows user
Under some strict Moslem sects, it's illegal for a woman to expose anything more than her eyes through the slit at the top of her burka. Now imagine if a Moslem country's court issues a worldwide injunction against all video or still images of women not wearing burkas. Female news anchors on every US TV network from Fox to MSNBC would be affected.
images.google.com would be affected. Newspapers couldn't publish photos of "Women's March Against Trump". Female political candidates wouldn't be allowed to post photos with "facial frontal nudity", and no video/photo coverage of political Candidates https://upload.wikimedia.org/w...
I'm not repeating myself
I'm an X window user; I'm an ex-Windows user
Should've been obvious from start.