Nearly two years ago, I wrote that the Federal Court had issued a major decision on the relationship between fair dealing and digital locks, concluding that copyright’s anti-circumvention rules do not trump user rights (podcast on the case here). That decision, Blacklock’s Reporter v. Attorney General of Canada, was a big win for user rights because, for the first time, a court ruled that Canada’s anti-circumvention rules (aka digital lock rules) were subject to fair dealing. Last month, the Federal Court of Appeal set aside that judgment, ruling that the declarations in the lower court decision should never have been issued in the first place because they lacked “practical utility.” In basic terms, the case was “moot” since Blacklock’s had tried to withdraw the lawsuit and did not require a ruling. But while rights holders seem ready to celebrate, the reality is that the new ruling does not say the Federal Court was wrong on any of the substantive copyright questions.
Archive for April 16th, 2026

Law Bytes
Episode 278: Ben Waldman on Gander Social and the Challenges of Building a Sovereign Social Network
byMichael Geist

August 10, 2026
Michael Geist
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Michael Geist on Substack
Recent Posts
Denial, Hate, and Silence: The Three Responses to Overwhelming Evidence of Canada’s Campus Antisemitism Crisis
The Law Bytes Podcast, Episode 278: Ben Waldman on Gander Social and the Challenges of Building a Sovereign Social Network
Canada’s Campus Antisemitism Crisis: National Survey Finds Antisemitism Nearly Everywhere and University Responses Nowhere
Why the Answers to Hateful Content Online are Hiding in the Platforms’ Own Rules
From CCH to ChatGPT: How Canadian Copyright Law Played the Key Role in Deciding a Leading AI Training Data Case in India

