Tuesday, March 20, 2018
Michael Douglas, University of Western Australia, has published A Global Injunction Against Google at 134 The Law Quarterly Review 181 (2018). Here is the abstract.
In Google Inc v Equustek Solutions Inc, 2017 SCC 34, the Supreme Court of Canada upheld an order which enjoined Google to de-index the websites of the defendants to an intellectual property dispute. Google offers a global service and this was a global injunction, which will impact web searches conducted anywhere in the world. As Abella J. explained for the majority (at ): "The problem in this case is occurring online and globally. The Internet has no borders — its natural habitat is global. The only way to ensure that the interlocutory injunction attained its objective was to have it apply where Google operates — globally."
Download the article from SSRN at the link.