The decision builds on precedents of site-blocking orders against live sports copyright infringement
The Federal Court has issued a permanent injunction against anonymous internet pirates unlawfully streaming live sports events, requiring internet service providers to block unauthorized streams to protect copyright holders' interests.
The applicants, who broadcast live sports events to the Canadian public, sought the court's intervention to stop internet pirates from capturing and unlawfully streaming these events. These unauthorized streams infringe on the applicants’ copyright and generate revenue for the pirates through advertising and subscriptions. The court has granted the requested injunction.
The court recognized the applicants' entitlement to a permanent injunction under the Copyright Act. This injunction also includes "wide" terms requiring third-party respondents (internet service providers) to implement steps preventing unauthorized streams from reaching Canadian viewers. The terms were consulted and agreed upon by the third-party respondents, who committed no wrongful acts themselves.
The Federal Court’s decision builds on recent precedents where site-blocking orders were issued to interrupt copyright infringement in live sports broadcasts. In this case, earlier interlocutory injunctions against the defendants did not curb the conduct, leading to mandatory orders against ISPs to block specific IP addresses and domain names. The Federal Court of Appeal upheld these orders, affirming the court's jurisdiction to make such orders under sections 4 and 44 of the Federal Courts Act and subsection 34(1) of the Copyright Act.
The court referenced a case where a dynamic site-blocking order was issued against unlawful streaming of live NHL games. The court found material errors in the previous decisions, recognizing the importance of tailored measures to address ongoing infringement effectively.
In the present case, the applicants hold exclusive rights to broadcast live NHL, NBA, and Premier League games in Canada. They sought to prevent unauthorized online streaming of these events and obtained the court's approval to add additional copyright live sports events during the injunction's two-year term.
The court's judgment required third-party respondents to block access to IP addresses identified as streaming unauthorized content during specific time windows for live sports events. This dynamic site-blocking mechanism will be updated regularly to ensure effective implementation. The court emphasized the importance of precise and current targeting to prevent legitimate websites or streaming services from being affected.
A confidentiality order was also issued under Rule 151, sealing sensitive technical aspects of the evidence to prevent pirates from circumventing the injunction. The court highlighted the necessity of confidentiality to protect the public interest and the effectiveness of site-blocking measures.
