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
Years of Uncertainty: Bill C-22’s Missing Regulations and Secret Ministerial Orders
The Missing Charter Statement: Why Hasn’t the Government Explained How Bill C-34’s Social Media Ban Complies with the Charter?
Three Years After October 7th: Living With the Shockwaves
What If the U.S. Demanded This? The Cloud Provider Conditions Behind Canada’s EU Digital Pivot
Ontario is Done Waiting for Universities to Act on Campus Antisemitism

