p2pnet wins precedent-setting Crookes appeal
p2pnet news view Freedom | P2P:- Efforts by Vancouver, BC, businessman Wayne Crookes (right) to use Canada’s antiquated defamation laws to put a freeze on the net have been killed.
Crookes had tried to claim p2pnet defamed him by merely linking to an article.
But in a ruling with implications for not only Canadians, but for everyone everywhere with a net account, the Court of Appeal for British Columbia has agreed with BC Supreme Court judge Stephen Kelleher’s decision that website owners aren’t responsible for defamatory content on other sites to which they’ve linked.
Representing me and p2pnet was Vancouver media lawyer Dan Burnett who said today »»»
This important case confirms that merely hyperlinking to a web page containing something defamatory doesn’t make you liable.
If you hyperlink and say something to support the defamatory statements, that’s different.
The Court of Appeal majority held that merely describing what the article is about along with your hyperlink is not enough to make the hyperlinker liable.
“The court also considered whether a number of hits can lead to an inference that some readers followed the hyperlinks and read the defamatory statements,” says Burnett, adding:
“The majority answered ‘no’, meaning plaintiffs need to prove more than simply a number of hits to prove publication.”
As I said the first time around, I was just an innocent (literally) spectator. The person who deserves the praise and kudos, and all of the credit, is Dan.
Crookes now has 60 days to file an application to appeal this latest ruling to the Supreme Court of Canada.
I’ll run the full decision tomorrow.
Click here to read it now.
Stay tuned.
Jon Newton – p2pnet
First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi
Stephen Kelleher’s decision – Wayne Crookes vs p2pnet: full decision, October 28, 2009
September, 2009
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In a ruling with implications for not only Canadians, but for everyone everywhere with a net account, the Court of Appeal for British Columbia has agreed with
could seek leave to the suopreme court of canada, but its unlikely it’be granted. based in qwhat they didt prove.
he has 60 days to file an
http://www.p2pnet.net/images/crookes4.jpg
September 15th, 2009 at 8:16 pm
WAY TO GO JON!!!!
September 15th, 2009 at 8:17 pm
WAY TO GO Dan Burnett!!!
September 15th, 2009 at 8:19 pm
You mean Crookes can can appeal the appeal?
How many appeals of an appeal can one do?
September 15th, 2009 at 8:26 pm
How much wood can a woodchuck (and Crookes) chuck?
September 15th, 2009 at 8:33 pm
What about his very same lawsuit against Google and Geist that he dropped?
Did he drop them in favor of going after you?
Did he figure you are an easier target?
Can you counter sue?
September 15th, 2009 at 8:37 pm
I was the only person sued for linking alone.
Cheers!
September 15th, 2009 at 8:48 pm
Itâs a big win for free speech and for the Internet as we know it, thanks a ton for that Jon.
September 15th, 2009 at 10:11 pm
Way to go! This precedent will go along way in the fight for free speech online.
September 15th, 2009 at 10:39 pm
COURT OF APPEAL FOR BRITISH COLUMBIA
Crookes v. Newton
Wayne Crookes and West Coast Title Search Ltd. Appellants (Plaintiffs)
And
Jon Newton Respondent (Defendant)
http://www.courts.gov.bc.ca/jdb-txt/CA/09/03/2009BCCA0392.htm
September 15th, 2009 at 11:13 pm
Congratulations Jon, and way to go, Dan!
And congratulations to the courts for a Just decision.
September 15th, 2009 at 11:20 pm
Crook by name, Crook by nature
September 16th, 2009 at 12:18 am
Careful Scaramouche, he’ll sue you next!
September 16th, 2009 at 1:17 am
Congratulations Jon and Dan! It’s exciting to see the Canadian justice system work the way it was meant to. It’s a rare experience. I’m so giddy that I may just pull down my pants and moon someone at random tonight as a salute to Wayne Crookes for helping to make this phenomenal precedent possible.
September 16th, 2009 at 3:14 am
A Crookes by any other name……
Seriously though congratulations. The courts got it right this time.
September 16th, 2009 at 4:54 am
So Jon, will your case in February still require your attendance as a mere formality, or will it be pre-emptively cancelled? Or is there really a chance Crookes will win an appeal?
September 16th, 2009 at 6:41 am
Awesome, I’m so glad for you!
Well done.
September 16th, 2009 at 7:31 am
@ Crosbie
On to Number 2 – http://news.bbc.co.uk/2/hi/technology/5230776.stm. And at this point, I doubt it’ll be a mere formality. As to pre-emptive cancellations, who knows? But that’d be nice, after four years of it hanging over my head.
As to Wayne Crookes, he probably won’t want to pursue this any further but if he does …
Cheers!
September 16th, 2009 at 6:39 pm
Way to go, Jon.
September 16th, 2009 at 9:22 pm
Glad to hear it, Jon!