Telcos win round in piracy battle
BCE, Rogers and Quebecor vs. TV Addons
T ORON TO• Canadian cable and media giants won a small victory in their larger war against pirated content this week when a panel of federal judges backed their appeal in a fight with a Montreal website that makes it easier to stream video online. and
launched legal proceedings last June against TVAddons, a website with a library of software add- ons that enable video streaming on Android settop boxes. While some addons provide access to legal content, others can be used to illegally stream valuable content such as live sports or Game of Thrones episodes.
The companies alleged that TVAddons owner Adam Lackman infringed copyright by providing a “platform of copyright piracy” and asked the court for an injunction to stop his operations while the case unfolded. Lackman argued his website is like a mini Google search engine, a conduit that isn’t responsible for content provided by third parties.
A judge initially granted the companies an interim injunction and what’s known as an "Anton Piller order,” allowing for a search of Lackman’s home without prior warning. That search by authorities led to nine hours of questioning and the seizure of Lackman’s domain and social media passwords. But the case was delayed after a second judge dismissed the motion for an extended injunction and vacated the Anton Piller order, on the basis that it was conducted improperly.
The companies appealed the second judge’s decision and, on Tuesday, the Federal Court of Appeal ruled in their favour. Justice Yves de Montigny ruled the Anton Piller order was lawfully conducted and issued an injunction against TVAddons that will stand until the conclusion of the copyright case.
“I fail to understand how the respondent can cloak himself in the shroud of an innocent disseminator, when his website clearly targets those who want to circumvent the legal means of watching television programs and the related costs,” de Montigny wrote.
The ruling in favour of Bell, Rogers and Quebecor comes amid a larger industry fight over online piracy. The three companies are members of a coalition calling itself FairPlay Canada that has asked the broadcast regulator to create an agency with the power to block sites purveying pirated content.
Opponents argue the proposal goes too far and could result in internet service providers blocking content they don’t like.
Bell said content piracy hurts the entire Canadian broadcasting ecosystem.
“While we are very pleased with the outcome of this appeal, we have to recognize that this proceeding addresses piracy by just one individual,” spokesman Marc Choma said. “More efficient structural solutions are also necessary to combat content piracy, which is why Bell supports FairPlay Canada’s application to the CRTC.”
Rogers said it’s important to protect the jobs of people who create Canadian programming.
“We’re all for streaming and new ways of watching content, but pirating content means that content creators don’t get paid for their work, and that’s not fair,” spokeswoman Sarah Schmidt said.
Network analytics company Sandvine has estimated about 1 million Canadian households use set-top boxes loaded with add- ons that enable illegal content streaming.
While TVAddons’ Lackman said Wednesday that he respects that it’s a complicated case, he found it “disturbing” that his website was shut down before the telecom giants’ claims were tested.
Lackman maintains that TVAddons never hosted video or any type of infringing content. He believes this case hurts the development of disruptive technology in Canada, framing it as a David and Goliath battle between a tech upstart and billion- dollar companies with a stake in maintaining the status quo.
“People watching cont ent online on YouTube threatens their TV business. People are less likely to have television subscriptions as a result,” Lackman said.
“That’s really what it’s about, it’s about them wanting to maintain a monopoly over providing entertainment to Canadians.”
Lackman still doesn’ t have access to his website or social media accounts, although he re- l aunched the website under a new domain. He said there have been no complaints about the new website, which has stricter rules on what addons it allows. If the telecoms had asked him to take down questionable content, he said he would have co- operated.
“I wasn’t looking to start fights with telecom giants because no mere mortal with limited resources can afford to take on a billiondollar company,” he said.
Given the mounting legal costs, he’s unsure how he will proceed.