Background: Ian Linkletter, a learning technology specialist at the University of British Columbia, shared links to Proctorio, Incorporated's unlisted instructional videos on Twitter. Proctorio sued for breach of confidence and copyright infringement.

Legal Arguments/Issues: Linkletter appealed the denial of his application to dismiss the lawsuit under the Protection of Public Participation Act (PPPA). He argued the suit was intended to silence his public criticism of Proctorio's software, which he claimed caused emotional distress to students.

Proctorio's claims included:

• Breach of Confidence: The videos contained confidential information, and Linkletter was obliged to keep the links confidential.
• Copyright Infringement: Sharing the links constituted a breach of Proctorio's copyright.

Linkletter contended:

• The information in the videos was already publicly available.
• Sharing the links did not harm Proctorio.
• His actions were protected under fair dealing and public interest defenses.

Court's Decision: The appeal was dismissed. The court found:

• Breach of Confidence: The judge correctly determined that the links were confidential, and Linkletter was obliged to keep them confidential.
• Copyright Infringement: The judge did not err in considering the breach of copyright claim had substantial merit, as the videos were not publicly available in the same form.
• Public Interest: The judge appropriately weighed the public interest, finding that Linkletter's actions caused harm to Proctorio and were not necessary to express his views.

Costs/Awards: The document did not specify the total amount of costs or award in favor of the successful party.