Here is the email:
Here is the email:
This is most excellent news!!!
As I reported earlier, when the court ruling for the Fourniers and Free Dominion came down, the ruling had indeed been in their favour. However, Richard Warman had appealed and so, having won, their federal case dragged on…
Today, the appeal had been dropped. From Free Dominion:
‘Today we received notices of discontinance from the National Post and from RWarman in the copyright case that was set to be heard in the Federal Court of Appeal this coming Wednesday!
We were self-represented in this this case and we won in the lower court but R ichard W arman decided to appeal and the National Post lawyered up and joined in against us.
We fought hard and were so blessed to get two great interveners. The CIPPIC, who also intervened in the privacy motion in the John Doe case, and the CCIA (and American advocacy group that represents Google, eBay, Facebook and many other heavy-hitters).
On the eve of the trial, after all was prepared to go ahead, our opponents just dropped out with no explanation.
We are now entitled to costs on this case, and it is OVER! Great case law has been established, and we have one less lawsuit to think about.
Just a few more weeks and we hope to cross the Baglow one off the list, too!
Onward and upward!
Connie and Mark’
One down, so many more to go… So, while celebrating, why not pop by their legal fund fundraiser and give them some help with the rest of the battles they are fighting on all of our behalfs!
P.S. – I wonder if the EU ruling earlier today had anything to do with the dropping of the appeal…
While most of us would, I hope, consider this common sense, it is nonetheless nice to have the EU courts confirm it.
This is important because the EU has some of the strongest copyright protection laws, which give authors a great deal of control over their published work.
‘The court had to consider whether by providing links Retriever Sverige had taken part in an “act of communication to the public”. Under EU copyright law, authors have the exclusive right to authorise or prohibit any communication to the public of their works.
The court ruled that the law had not been broken because the articles in question were on Goteborgs-Posten’s website and therefore already “freely available”.
In a statement it said: “The owner of a website may, without the authorisation of the copyright holders, redirect internet users, via hyperlinks, to protected works available on a freely accessible basis on another site.” ‘
A link that would take you behind a pay-wall, that is a different thing…
However, this ruling parallels the victory Connie and Mark Fournier of the now censored Free Dominion had won in Canada’s federal court over Richard Warman, who claimed they had infringed his copyright by linking to an image on his own website. In this particular case, the judge ruled that Warman had complete editorial control over his image and that linking to it, even should a thumbnail be displayed, did not constitute re-publishing it without permission.
When members of the media are afraid to criticize a member of their country’s Military, who they honestly believe had abused his position of authority for personal gain/power, we have a problem.
Yet, that is exactly the situation we find ourselves in, in Canada, in 2014.
More and more voices in the media are being silenced through lifetime gag orders against them, brought about through the actions of a specific Agent of the State (and member of the Military, none-the-less)!
This has created such an unprecedented chill on speech that news reporters – even when addressing the public – refer to him as ‘He Who Must Not be Named’!
Help one of his latest victims, Mark and Connie Fournier, by popping over to Indiegogo and listening to their story, spreading it through the internet and, if you have the means, perhaps dropping a few pennies to their legal fund.
P.S. This is an interesting twist on the story: the guy doing the silencing had, in the past, been a candidate for election as a member of a political party deeply philosophically opposed to the party one of his targets had been a candidate for… Do we really want to have the courts be the ones settling philosophical differences between various political parties and their candidates/supporters? In my never-humble-opinion, this is one very slippery slope…
With the Federal court in Toronto awarding $10.5 million dollars in statutory and punitive damages for running a website which merely linked to Simpsons and Family Guy episodes, one might wish to know how best to protect their identity in the interwebitudes…and with some VPNs touting their security while handing over users info to the US government, it’s hard to know where to turn.
Helpfully, TorrentFreak has reviewed the different VPN services to see which one take your anonymity most seriously:
‘More than a year ago TorrentFreak took a look at a selection of the web’s VPN services to see which ones really take privacy seriously. During the months that followed we received dozens of emails begging us to carry out an update and today here it is. The first installment in our list of VPN services that due to their setup cannot link user activity to external IP addresses and activities.’
Read the full article here.
An excellent post about this most sad day…
It has quotes, links and goes through the logical steps of where this ruling will lead.
‘The verdict by the jury in the “Warman vs Fournier et al” has effectively killed good, old-fashioned, political discourse and debate in cyberspace, in Canada. Even minor insults and common hyperbole of innocent nature and made-up words not in the dictionary, can now be construed as defamation.The law lesson learned from the verdict is that defamation court actions are designed to stifle online discourse and healthy political debates that used to commonly take place around kitchen tables and then graduated to cyberspace are now less likely to happen in the blogosphere, since all owners of blogs, forums, chat rooms etc. must now become ruthless, editorial police to avoid the risk of libel suits.The law definition of libel states: “Any communication that is likely to lower that person in the estimation of reasonable people and in particular to cause that person to be regarded with feelings of hatred, contempt, ridicule, fear or dislike.”
Each and every Canadian ought to now be motivated to action in a gallant effort to redeem free speech in Canada. Most likely, our elected representatives are not yet aware of the significant impact that the verdict in the Warman vs Fournier et al is having on our fragile and ever diminishing right of free speech in Canada.’
Read the full post here.
UPDATE: Another insightful analysis can be read here.
This is from an email from OpenMedia:
In less than a week nearly 100,000 people have signed on to our letter to Stephen Harper and other leaders telling them not to ram through an Internet censorship plan when they meet in Bali.
But now the industry lobbyists behind the Internet censorship plan are ramping up the pressure by publicly urging leaders to not “soften” amidst the public outcry.1
Can you believe that?
We need your help to take the next step to expose this Internet censorship plan before our leaders buckle under the pressure. Can you contribute now so we can step up a multi-faceted citizen awareness campaign before it’s too late?
Once the public knows about the Internet Censorship in the Trans-Pacific Partnership (TPP), it will be almost impossible for political leaders to put this plan in place. We need to make sure Canadians know what’s at stake.
Here’s our plan to amplify your voice:
With your support, we’ll be able to show Stephen Harper how unpopular this extreme Internet censorship plan is, and prove that there will be a price to pay for it at election time.
We can stop this extreme Internet censorship plan by standing together to send a clear message to our government. Your donations power our efforts to keep fighting against Internet censorship – we can’t move forward without your help now.
Together, we are going to stop the TPP’s Internet censorship from stifling Canada’s future and knocking people off the Internet.
Thank you for being a part of this,
Steve and Jason, on behalf of your OpenMedia.ca team
PS Together, there are hundreds of thousands of us; if each of us gave just $3, we’d be able to send a message that our political leaders can’t ignore.
 “US Business groups warn against compromises in Pacific Rim trade talks”. Source: Financial Times (paywall) – “Among his key concerns, Mr Donohue said, were that the US would soften its push for strong intellectual property rules…”
|OpenMedia.ca is a non-profit organization that relies on donations from people like you to operate. Our small but dedicated team ensures even the smallest contributions go a long way to make your voice heard. Please donate today.
We are an award-winning network of people and organizations working to safeguard the possibilities of the open Internet. We work toward informed and participatory digital policy. You can follow us on Twitter, and like us on Facebook.
I’ll be brief.
Today is a sad, sad day for all Canadians – and a tragic one for all freedom loving people.
The jury foreperson giggled as she said: “The answer is 42!”
As in, $42,000 awarded to Mr. Warman in damages…
In addition, Mr. Warman is seeking an injunction against Free Dominion – a gag order – that would see the Fourniers thrown into jail if anyone even mentions his name on FD, no matter how quickly it would be taken down. If that happens, Free Dominion will cease to exist…
I’ll have some details later – am too upset to write more now.
CodeSlinger has expressed eloquently what I feel – so, I’d like to share his comment here with you:
This is a sad day, but not a surprising one.
Being tried by “a jury of your peers” sounds right, and good and just… until you look closely at who these “peers” really are – by which I mean what values they have absorbed from their schooling and the mass media, both shaped by the cultural Marxist apparatchiks of the corporocratic state.
Especially in Canada.
Canadians, in general, have no concept of rights.
They speak of rights, but they really mean privileges.
Regarding the right to bear arms, they ask “what kind of arms should we be allowed to carry?”
Regarding the right to free speech, they say “what kind of things should we be allowed to say?”
And so on. It’s pathetic.
Canadians, in general, cannot imagine not being ruled.
To paraphrase what I wrote in another comment, cultural Marxists seek to breed independence and self-reliance out of us. They want to make us into Eloi. And their masters, the globalist Morlocks, are very pleased with their progress.
Especially in Canada.
In Canada, people like the Fourniers don’t have the option of being tried by a jury of their peers.
Eloi are not their peers.
This could be it.
For the first time, the Presidents and Prime Ministers of 12 powerful countries — including Canada’s Stephen Harper — will meet behind closed doors to seal an extreme Internet censorship plan called the Trans Pacific Partnership (TPP)1
We know from leaked drafts2 that the TPP will make the Internet more expensive, censored, and policed. Experts say “kids could be sent to jail for downloading” and whole families could be kicked off the Internet.3
World leaders plan to “conclude the TPP discussions” in just a few days.4 Will Stephen Harper feel the pressure from industry lobbyists – or will he feel the pressure from you? Send decision-makers a powerful message before it’s too late.
Canadian MPs, citizens, and public interest groups are locked out of the negotiations entirely. Despite blocking Canadian parliamentarians from seeing the agreement, U.S. Congressmen are allowed to see exactly what’s on the table.5
We’re asking Canada’s officials to please:
Say no to Internet censorship.
Our public outcry has stopped TPP officials from finalizing the agreement but now powerful interests are pressuring political leaders to ram through their Internet censorship plan.
Thousands of people and over 30 major organizations from across the Trans-Pacific region are working together to keep the Internet open. High ranking politicians from several countries are beginning to ask questions7.
We know that when citizens speak out, decision-makers take notice. We cannot allow U.S. lobbyists to define Canada’s digital future. Click here to send a simple message to Canada’s negotiators: Please say no to Internet Censorship.
Together, we won’t let them take away our digital rights.
For our future,
Steve and Jason on behalf of your vigilant OpenMedia team
PS: The Internet won’t stay open on its own; speak out now to call on TPP negotiators to preserve our digital future. Your support is critical in the fight to defend the possibilities of the open Internet.
 “Obama to Attend APEC, ASEAN Summits on October Asia Trip”. Source: Bloomberg.com
 Leaked draft of TPP Intellectual Property Chapter. Source: Knowledge Ecology International
 What’s actually in the TPP? Source: Public Knowledge
 US Envoy: TPPA talks to conclude next month. Source: FMT Malaysia
 “Trans-Pacific Partnership: Canadian MP’s Have No Access To Drafts US Pols Can See, NDP Says” Source: The Huffington Post
 “TPP Creates Legal Incentives for ISPs to Police the Internet. What is at risk? Your rights.” Electronic Frontier Foundation
 “International Criticism Escalates Against TPP as Negotiations Go Further Underground” Source: Electronic Frontier Foundation