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
Nobody Can Say They Weren’t Warned: Canada’s Threat Assessments Predicted the Belleville Yom Kippur Attack
An AI Transparency Act for Canada: My Submission to the Government’s AI Transparency Consultation
Not If, But When: The Yom Kippur Terror Attack in Belleville
A Canary’s Song: What Antisemitism Reveals About the Health of Canadian Democracy
Elbows Up With Europe Too: Why Canada’s Pivot to the EU Raises the Same Digital Sovereignty Questions as the U.S.

