Stand Against Proctorio's SLAPP - Update 20
Ian Linkletter,
Apr 14, 2022
Ian Linkletter has decided to appeal the latest verdict on his SLAPP suit against Proctorio in his continuing bid to be able to criticize the company using its own materials as evidence. The judgement, in my view, is flawed, as it finds the YouTube links in question to be copyright owned by the company (meaning Linkletter can't use them to link to otherwise freely available YouTube videos), and that sharing of the link violated Proctorio's confidentiality agreement Linkletter would putatively have to click through to see the link. The verdict also allows Proctorio's assertion that the British Columbia Protection of Public Participation Act cannot be used to prevent otherwise viable claims under the Copyright Act, a federal statute, with the parties agreeing that this constitutional question won't be addressed unless necessary. "There is too much at stake to let the decision stand," writed Linkletter. "Freedom of expression, fair dealing under the Copyright Act, and the effectiveness of anti-SLAPP legislation are all under threat and must be protected." Also here.
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