Friday, 18 August 2017

Google Seeks Declaration that World-Wide Internet Search Injunction is Unenforceable

     Google is bringing a constitutional challenge in the United States against the injunction recently affirmed by the Supreme Court of Canada in Google v. Equustek Solutions 2017 SCC 34, requiring Google not to display any part of certain websites on any of its search results, anywhere in the world. 

     The Supreme Court held that the injunction had to extend world wide, not just to Canada, or, in order to achieve its purpose, which is to prevent Datalink Technologies from selling internationally products that are based on designs stolen from Equustek.    The Court pointed out that the order does not affect speech of the kinds for which protection is warranted.

     Nonetheless, last month Google sued in the U.S. Federal Court for the Northern District of California (case number 17 CV 04207, in San Jose) for a declaration that the injunction is unenforceable on the grounds that it offends the U.S. Constitution’s First Amendment guarantee of freedom of expression, and the Communications Decency Act, which grants immunity to providers of interactive computer services for content created by others.   

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