My two loyal readers may remember the case of Equustek Solutions Inc. v. Google Inc. OK, even I admit I had trouble remembering it, since I wrote about it almost a year ago and a year is forever in internet time. But it sounded vaguely familiar, so I Googled myself (ha!). And what I found was that I was quite prescient, for the title of that post was “This hugely important Google case will be going on for a while…” Well I got that right! I wrote in that post that “I still think the Court of Appeal will overturn the order in the end”. Well about 10 days ago the BC Court of Appeal decision came down and I got that… less right.
On Monday this week the U.S. Supreme Court came down with their decision in the case of Elonis v. United States, which is all about a terrible rap lyricist threatening to kill or hurt a bunch of people on Facebook. Let’s take a look at the decision and see if it has any implications for Canada (spoiler alert – it does not! It’s U.S. law!).