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 275: David Loukidelis on Why Stripping Privacy Enforcement from Canada’s Privacy Commissioner in Bill C-36 is Unnecessarily Risky Policy
byMichael Geist

June 22, 2026
Michael Geist
Search Results placeholder
Michael Geist on Substack
Recent Posts
The Law Bytes Podcast, Episode 275: David Loukidelis on Why Stripping Privacy Enforcement from Canada’s Privacy Commissioner in Bill C-36 is Unnecessarily Risky Policy
The Data on Australia’s Social Media Ban: The Better the Privacy Protection, The Less Effective the Ban
Shaky Ground Gets Shakier: What the U.S. Supreme Court’s Location Data Decision Means for Bill C-22
The Two Weeks That Reshaped Canada’s Digital Policy
The Law Bytes Podcast, Episode 274: Mark Musselman on What Stakeholders Really Think About the Government’s Reversal of the CRTC Online Streaming Act Decision

