Ruling in the Warman V Fournier Copyright lawsuit

CORRECTION: THE FOURNIERS WILL NOT BE BACK IN COURT LATER THIS WEEK.  (I was confused by a header from an earlier email – my apologies for the my error.)

(Sad, isn’t is, that I have to specify which of the Warman lawsuits against the Fourniers this is about….)

This is the ruling in the motion to suppress a number of ‘things’ from the Fourniers’ defense statement in the lawsuit Mr. Warman is pursuing against them because he thinks that they have violated his copyright by:

  • inline-linking to his image (while he had full control of the image and could have blocked in-line linking)
  • not taking down a re-posting 0f an article fast enough after he acquired copyright over that article in an out-of-court settlement
  • posting on their site some public documents which quoted the above article

OK, OK – I’ll not stretch the suspense out any longer.

The Fourniers won!!!

It’s not the whole case – just this motion. But, it means that the trial lawyer will have the ability to weigh all the evidence and decide for her/his own self as to what is relevant and what is not.

So, this is a victory for justice!

Small victory, but victory none-the-less.  Especially since Connie Fournier – a non-lawyer – went up against the smooth and charismatic Mr. Katz (without whose extraordinary lawyer skills most of Mr. Warman’s lawsuits would have been summarily dismissed as frivolous – in  my never-humble-opinion) and won!!!

In that sense, it is big personal victory for the Fourniers.

Congratulations, Mark and Connie.

P.S. – The Fourniers will be in Federal Court in Ottawa again on Thursday, 3rd of November, 2011.

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