Rogers, Telus, Quebecor win round in battle over piracy
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 legal battle against a Montreal website that makes it easier to stream video online.
BCE Inc., Quebecor Inc. and Rogers Communications Inc. launched legal proceedings last June against TVAddons, a website with a library of software add-ons that enable video streaming on Android set-top boxes. While some add-ons provide access to perfectly 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 firms an interim injunction and what’s known as an “Anton Piller order,” allowing for a search of Lackman’s home without prior warning. The search led to 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 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 ...,” de Montigny wrote.
Lackman said Wednesday he found it “disturbing” that his website was shut down before the telecom giants’ claims were tested. He says TVAddons never hosted video or any infringing content. He says this case hurts the development of disruptive technology in Canada. “It’s about them wanting to maintain a monopoly over providing entertainment to Canadians.”