On September 11, 2019, Allarco Entertainment 2008 Inc (Super Channel), a premium TV network, filed a statement of claim in the Federal Court (Court) alleging that Staples Canada Inc, Best Buy Canada Ltd, London Drugs Ltd, Canada Computers Inc and their respective affiliates (collectively, the Retailers) infringed Super Channel’s copyright in its network communication signals. Super Channel claims that the Retailers are complicit in the promotion of the downloading and streaming of illegal content on internet streaming devices (Pirate Devices) sold to customers in their stores.
The lawsuit represents Super Channel’s latest attempt to fight piracy in Canada. In 2018, Super Channel joined a coalition of more than 30 members proposing a blocking regime for websites offering pirated content, as previously reported by the E-TIPS® Newsletter here. However, the Canadian Radio-television and Telecommunications Commission rejected the coalition’s plan by finding that it did not have jurisdiction to implement the proposed regime.
Super Channel hopes that by taking action against these retailers, it will help to “change the culture” surrounding the issue of content piracy and raise awareness of the issue. Super Channel is seeking damages for loss of business due to the Retailers' customers pirating its content. Super Channel also seeks an injunction to prevent the Retailers from selling and promoting Pirate Devices.
Summary By: Jae Morris
E-TIPS® ISSUE
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