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 272: Build Canada’s Lucy Hargreaves on Canada’s AI Strategy and the Need to Shift From Being Users to Builders
byMichael Geist

May 25, 2026
Michael Geist
May 11, 2026
Michael Geist
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Michael Geist on Substack
Recent Posts
Government Moves to Shut Down Lawful Access Hearing In Order To Fast Track Passing the Bill This Week
Canada’s Digital Super-Regulator: Bill C-36 Pushes Out the Privacy Commissioner and Hands Private Sector Privacy to an Overloaded Commission
The Commission: How Bill C-34 Creates an Internet Super-Regulator That Will Touch the Lives of Millions of Canadians
The Law Bytes Podcast, Episode 272: Build Canada’s Lucy Hargreaves on Canada’s AI Strategy and the Need to Shift From Being Users to Builders
Privacy as a Fundamental Right? The Government’s Terrible Privacy Track Record Suggests Virtue Signalling Over a Genuine Commitment

