Author Topic: Internet link case to go before Supreme Court  (Read 1688 times)

24KT

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Internet link case to go before Supreme Court
« on: April 03, 2010, 05:58:59 AM »
Internet link case to go before Supreme Court
By The Canadian Press, cbc.ca,
Updated: April 2, 2010 3:30 PM


Internet law specialists say everyone involved in web publication will be watching the case closely.
Can posting a link to someone else's website constitute defamation?

The Supreme Court of Canada has agreed to hear the case of a former Green Party campaign manager who says it does.

An internet law specialist says it's an important case that everyone involved in the web will be watching closely.

The top court on Thursday granted Wayne Crookes leave to appeal a British Columbia ruling that went against him in 2008.

He had argued that when a Canadian website posted links to two U.S. websites that featured defamatory statements, it was the same as publishing defamatory material itself.

The website did not reproduce any of the disputed material, nor did it make any comment.

Is a hyperlink publication?

Justice Stephen Kelleher of the B.C. Supreme Court dismissed the case, saying the links were like a footnote or a reference to a website in a newsletter.

"I conclude there has been no publication," he wrote.

Crookes had launched several libel actions against members of the Green Party of Canada, Google, Myspace.com and Wikipedia.

David Fewer, director of the Canadian Internet Policy and Public Interest Clinic at the University of Ottawa, said the lower courts got the decision right and there's concern about the high court taking the case.

"If they're doing it to give a pretty clear validation of the decision at trial and the court of appeal . . . kind of wanting to progress the law, then it's probably a good thing."

But a decision overturning the lower courts in favour of Crookes could cast a chill on the web, he said.

"The Crookes case is really talking about hyperlinks," he said. "Does a hyperlink constitute publication or a re-publication of allegedly defamatory content?"

Fewer said the internet is based on the use of hyperlinks.

"To import liability in those circumstances is to impose just a tremendous burden of liability on all participants in the internet," he said.

"Not just hosts, not just websites, not just bulletin boards, not just ISPs, but also individual participants, commenters on blogs, commenters in newspapers, newspapers themselves, other publishers who allow anybody to speak on the internet.

"You can just imagine the chilling effect that would have."



That would be absolutely crazy. It would in effect hold people responsible for the contents of someone elses website. You cannot be held responsible for something that is not in your control. That's ridiculous!
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George Whorewell

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Re: Internet link case to go before Supreme Court
« Reply #1 on: April 03, 2010, 09:43:11 AM »
Did you seriously ask a mod to remove one of my posts because you duped me into clicking on another one of your idiotic Canada topics  by putting "Supreme Court" in the title of your thread, and I called you out on it?

The half a rabbits turd of respect I had for you just went out the window.

Bindare_Dundat

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Re: Internet link case to go before Supreme Court
« Reply #2 on: April 03, 2010, 09:46:06 AM »
I stopped reading when I hit the words Green Party.

24KT

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Re: Internet link case to go before Supreme Court
« Reply #3 on: April 03, 2010, 09:52:16 AM »
Did you seriously ask a mod to remove one of my posts because you duped me into clicking on another one of your idiotic Canada topics  by putting "Supreme Court" in the title of your thread, and I called you out on it?

The half a rabbits turd of respect I had for you just went out the window.

I did no such thing. Furthermore, this is the only reply I've seen from you.
Perhaps you could ask one of the mods if they deleted it and why.

Whoever did will certainly attest to the fact that I did not request it.

I also didn't dupe you into clicking on anything.

The words "Supreme Court" are in the title of the thread, because the case is going before the Supreme Court. There are a few of them out there. Maybe you should get out more, ...or at the very least, get a little more in touch with the world in which you live.

And if you have a problem with idiotic Canadian political topics... take it up with chaos.
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Dos Equis

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Re: Internet link case to go before Supreme Court
« Reply #4 on: April 03, 2010, 05:01:19 PM »
Did you seriously ask a mod to remove one of my posts because you duped me into clicking on another one of your idiotic Canada topics  by putting "Supreme Court" in the title of your thread, and I called you out on it?

The half a rabbits turd of respect I had for you just went out the window.

What post?  Didn't see.  Wasn't me. 

The title is misleading if this is talking about some court in Canada (I didn't read the story). 

24KT

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Re: Internet link case to go before Supreme Court
« Reply #5 on: April 04, 2010, 03:03:49 AM »
What post?  Didn't see.  Wasn't me. 

The title is misleading if this is talking about some court in Canada (I didn't read the story). 

There's nothing misleading about the title. You presume far too much, and know far too little.

The world does NOT revolve around US interests. Infact, US interests and influence is getting smaller every day!

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Dos Equis

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Re: Internet link case to go before Supreme Court
« Reply #6 on: April 04, 2010, 09:14:27 AM »
There's nothing misleading about the title. You presume far too much, and know far too little.

The world does NOT revolve around US interests. Infact, US interests and influence is getting smaller every day!



The title is misleading.  Nobody cares about Canada.  The world does in fact revolve around the United States. 

I was just talking to someone from Canada who told me there are a number of Canadians trying to get U.S. citizenship.  I hope one of them isn't you.   :)

As loco says, Canada is the United States' mentally disabled little sister. 

George Whorewell

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Re: Internet link case to go before Supreme Court
« Reply #7 on: April 04, 2010, 09:31:12 AM »
There's nothing misleading about the title. You presume far too much, and know far too little.

The world does NOT revolve around US interests. Infact, US interests and influence is getting smaller every day!



If so, please join a Canadian message board and post this garbage over there. Americans and the Americentral minded individuals who post here ( everyone except you) dont care about you or your dumb ass threads.

Hope this helps.

JohnC1908

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Re: Internet link case to go before Supreme Court
« Reply #8 on: April 04, 2010, 09:35:15 AM »
Canadian supreme court....a real powerful bunch.

George Whorewell

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Re: Internet link case to go before Supreme Court
« Reply #9 on: April 04, 2010, 09:38:38 AM »
Yes, in that courts illustrious history, the justices have issued two landmark decisions. In the first, the justices voted to shut down a maple syrup factory for putting out "subpar" maple syrup. In the second case, the Canadian Supreme court outlawed freedom of speech for non-minorities in Canada.

 

Skip8282

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Re: Internet link case to go before Supreme Court
« Reply #10 on: April 04, 2010, 03:36:58 PM »


The world does NOT revolve around US interests. Infact, US interests and influence is getting smaller every day!



Haha...coming from someone who spends endless hours on an AMERICAN board, using a computer invented by AMERICANS over an internet invented by AMERICANS, over telecommunication networKs invented by AMERICANS.

Eyeball Chambers

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Re: Internet link case to go before Supreme Court
« Reply #11 on: April 04, 2010, 03:47:36 PM »
Canadian supreme court....a real powerful bunch.

that made me lol  ;D
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ToxicAvenger

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Re: Internet link case to go before Supreme Court
« Reply #12 on: April 04, 2010, 05:53:41 PM »


Can posting a link to someone else's website constitute defamation?



no ...good luck proving where it ws actually posted from...  IPv4 can be easily spoofed

carpe` vaginum!

24KT

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Re: Internet link case to go before Supreme Court
« Reply #13 on: April 04, 2010, 06:49:22 PM »
no ...good luck proving where it ws actually posted from...  IPv4 can be easily spoofed



Toxie, I wasn't asking the question, the article was.

Somebody needs to show this thread to chaos.  :)
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24KT

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Re: Internet link case to go before Supreme Court
« Reply #14 on: April 04, 2010, 06:53:45 PM »
Canadian supreme court....a real powerful bunch.

Your country's arrogance coupled with it's ignorance & bloated sense of self importance will be ir's eventual downfall.
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George Whorewell

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Re: Internet link case to go before Supreme Court
« Reply #15 on: April 04, 2010, 07:32:58 PM »
Even if this country collapses, Canada will still be several thousand levels below the US.

Put the crack pipe down and get a dose of reality every once in a while.

Skip8282

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Re: Internet link case to go before Supreme Court
« Reply #16 on: April 04, 2010, 07:38:58 PM »
Your country's arrogance coupled with it's ignorance & bloated sense of self importance will be ir's eventual downfall.


Oh please.  You're the arrogant, self-righteous, egotistical ass. 

You wouldn't even have an income if it wasn't for the inventions and innovations of this country.  And then you want to turn around and endlessly put us down and talk shit about how terrible we are.

I think you should post Canadian stuff here.  It mixes things up and some of it is interesting.  But when you start with your anti-American bullshit - then F-U-C-K O-F-F.

Must really suck having to wake up every morning knowing that you can turn on a light thanks to AMERICANS, that you can use a computer thanks to AMERICANS, that you have a telephone thanks to AMERICANS.

...all the while knowing that Canada hasn't contributed anything substantial to the world.  Damn, that's gotta suck...

tonymctones

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Re: Internet link case to go before Supreme Court
« Reply #17 on: April 04, 2010, 07:49:01 PM »
if you guys in canada didnt let Political correctness run amock then this wouldnt even be an issue  ;)

24KT

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Re: Internet link case to go before Supreme Court
« Reply #18 on: April 04, 2010, 08:15:36 PM »

Oh please.  You're the arrogant, self-righteous, egotistical ass. 

You wouldn't even have an income if it wasn't for the inventions and innovations of this country.  And then you want to turn around and endlessly put us down and talk shit about how terrible we are.

I think you should post Canadian stuff here.  It mixes things up and some of it is interesting.  But when you start with your anti-American bullshit - then F-U-C-K O-F-F.

Must really suck having to wake up every morning knowing that you can turn on a light thanks to AMERICANS, that you can use a computer thanks to AMERICANS, that you have a telephone thanks to AMERICANS.

How so?  ...my computer is chinese made. you remember the Chinese don't you... that country that has yours by the balls.  ;D


psst: I guess you didn't realize Alexander Graham Bell was a Scottish-born Canadian.  ;D

Quote
...all the while knowing that Canada hasn't contributed anything substantial to the world.  Damn, that's gotta suck...

...if it gives you comfort to think so... be my guest.  ;D
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24KT

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Re: Internet link case to go before Supreme Court
« Reply #19 on: April 04, 2010, 08:17:37 PM »
if you guys in canada didnt let Political correctness run amock then this wouldnt even be an issue  ;)

This is not about political correctness, it's about defamation.
I'm hoping the Supreme Court has agreed to hear the case in order to definitively affirm the decisions of the lower courts.
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Eyeball Chambers

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Re: Internet link case to go before Supreme Court
« Reply #20 on: April 04, 2010, 08:19:53 PM »
This is not about political correctness, it's about defamation.
I'm hoping the Supreme Court Kangaroo Court has agreed to hear the case in order to definitively affirm the decisions of the lower courts.

fixed
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Skip8282

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Re: Internet link case to go before Supreme Court
« Reply #21 on: April 04, 2010, 08:33:29 PM »
How so?  ...my computer is chinese made. you remember the Chinese don't you... that country that has yours by the balls.  ;D


psst: I guess you didn't realize Alexander Graham Bell was a Scottish-born Canadian.  ;D

Not too bright, are you?  Suppose we already knew that...


Quote
...if it gives you comfort to think so... be my guest.  ;D

By all means, prove me wrong.  Please elaborate on Canada's contributions to the world.

Eyeball Chambers

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Re: Internet link case to go before Supreme Court
« Reply #22 on: April 04, 2010, 08:39:51 PM »
Highest Court in the Land





Canadian Court
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24KT

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Re: Internet link case to go before Supreme Court
« Reply #23 on: April 04, 2010, 08:56:58 PM »
fixed

That's pretty funny that you would refer to Canada's Supreme Court as a kangaroo court.
...especially in light of that doozy of a decision handed down by the highest court in your land circa Dec 2000... the one where "the decision was applicable to that particular case only and was not to be applied towards future cases". I think Vincent Bugliosi almost had a heart attack at the ridiculousness of it all.

I can easily point to many reasons why the title 'kangaroo court' is more applicable to the US Supreme Court than Canada's, ...but since you made the statement Eyeball, ...perhaps you can tell me why you believe Canada's Supreme Court is a kangaroo court? ...or is this just another example of mental masturbation on your part?
w

JohnC1908

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Re: Internet link case to go before Supreme Court
« Reply #24 on: April 04, 2010, 09:13:24 PM »
Your country's arrogance coupled with it's ignorance & bloated sense of self importance will be ir's eventual downfall.

Is that true...eh?