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06
Nov
2017

US Federal Judge Rejects Global De-Indexing Order By Canada’s Highest Court

by Bill

A recent Canadian court order demands that Google “de-index” all pages relevant to a company named Datalink, which seems to have sold products intended to violate the IP of the Vancouver-based company Equustek. The order would require Google to alter global search results. Google filed suit in US federal court seeking an order to make the Canadian ruling unenforceable within the United States. Now, US District Judge Edward Davila granted a preliminary injunction stopping Equustek’s Canadian order from being enforced anywhere in the USA. Davila found that the order violates Section 230 of the Communications Decency Act, which is intended to prevent any online platform from being held responsible for any content posted by any user.

Google claimed the Plaintiffs “never established any violation of their rights under US law.” Making the matter even easier for Google to win, Equustek never showed up to defend itself in US court case and allowed the case to be entirely one-sided.

The injunction against the Canadian order not only protects Google but also will “serve the public interest,” Davila held. “[T]he Canadian order would hold Google liable as the ‘publisher or speaker’ of the information on Datalink’s websites… By forcing intermediaries to remove links to third-party material, the Canadian order undermines the policy goals of Section 230 and threatens free speech on the global Internet.”

This new ruling reaffirms the position of US courts and legislators regarding claims of online digital piracy by third-parties. A contentious issue for years, now with a new ruling that is not likely to reduce passions on either side of the debate

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