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Originally Posted by Ralph Sir Edward
What I find interesting is the chilling effect mentioned by Nate. I gather there has been no case law on the subject in Canada so far. (Is Canada a "loser pays" civil legal system?)
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What I understand happened with "Gone With the Wind" is that, even though it's in the public domain in Canada, its US rights-holder (and it's still a major revenue earner, seemingly) basically "bullied" a number of sites into removing it on the (highly dubious) grounds that by not specifically blocking people from the US from downloading it, they were guilty of contributing to the act of copyright infringement. Basically a case of "we've got deeper pockets than you" in the lawyer-department. Pure "scare tactics", but who can afford to risk a lot of money proving it?