Are Google Piracy Links Protected by the First Amendment? – Digital Music News
Last month, Digital Music News reported on a controversial court ruling against Google. The Canadian Supreme Court ordered the search giant to remove specific piracy links not just in Canada, but worldwide. Now, Google has fought back, this time in a California courtroom.
In 2014, a Canadian court ruled that Google would have to remove a Canadian firm from its search results. Through Equusteks ex-employees, Datalink Technologies illegally sold their competitors products. Employees would set-up sites indexed on Google to sell the goods, sharing a strong percentage with Datalink.
After losing the initial court battle in British Columbia, Google filed, and subsequently lost, multiple appeals. Last month, the Canadian Supreme Court ruled against the search giant. It determined that Google was a determinative player in harming Equusteek.
The high court ruled that the search giant would have to de-index links from its search engine worldwide.
Now, Google has fought back. The search giant filed an injunction on Monday with the US District Court for Northern California. Digital Music News has obtained the documents.
Google filed the injunction to prevent enforcement of the Canadian ruling in the United States. It believes that the Canadian Supreme Court has compelled the search engine to wrongfully censor its information.
The Canadian trial court recognized that Google is an innocent bystander to the case. Nevertheless, it issued a novel worldwide order against Google, restricting what information an American company can provide to people inside of the United States and around the world.
Lawyers for the company claim that the court singled out Google, while leaving other search engines alone. They claim that people can still find links to the infringing sites through Yahoo and Bing.
In the complaint, lawyers for the company claim that Google is not the internet. It doesnt have the power to take down sites, as the ruling would suggest. Yet, the Canadian Supreme Court only found the search engine liable, leaving alone other websites.
Google is not the internet. The vast majority of internet websites are hosted by and operated through service providers other than Google. The entities with the technical ability to remove websites or content from the internet altogether are the websites owners, operators, registrars, and hostsnot Google.
Lawyers for the company laid out three causes of action.
In the first, the First Amendment protects search engine results. The complaint reads,
Enforcing the Canadian ruling in the United States would violate the companys First Amendment rights. The Canadian ruling, claims Google, furthers no compelling interest (nor a substantial interest). The existence of Datalinks search engine results remain a matter of public record.
Equustek has filed a claim only against the search engine; it has yet to file claims against Bing and Yahoo. It also hasnt gone after third-party websites that prominently display the infringing links, including social media and press websites. Equustek also hasnt filed a claim to stop the sale of Datalink products on Amazon.
For the second cause of action, Google cites the Communications Decency Act. This act provides clear legal immunity to providers of computer services for content on their services created by others. The Communications Decency Act reads,
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
Equusteks initial filing is grounded in Canadian trade secret law, not US federal intellectual property or trade secret laws. Therefore, it cant enforce the order against Google in the United States. Once again, enforcement of the ruling will cause the search giant irreparable injury absent injunctive relief.
For the third cause of action, the search giant claims that enforcement of the ruling trespasses on comity. Siding with Google, the Canadian Attorney General said that the order constitutes an impermissible exercise of extraterritorial enforcement jurisdiction. The Canadian Supreme Court disregarded this statement, however. Instead, it declared that the Internet has no bordersits natural habitat is global. By saying this, the high court justified its global injunction against the company.
Equusteks counsel argued on the same principle.
Google calls the Canadian order repugnant to US public policy surrounding the First Amendment. The First Amendment gives the search giant immunity against imposing liability. Once again calling the order repugnant, the company claims that the high court singled it out. It issued an order against an innocent non-party for the sake of convenience.
Continuing on, lawyers claim,
Canadian courts failed to extend proper comity to the United States. Thus, the United States does not need to defer the order.
Google requests that the US District Court rule the Canadian order unenforceable in the United States. It also wants the court to issue a ruling in Googles favor and against the defendants, Equustek. Finally, lawyers want the court to grant the company preliminary and permanent injunctive relief from further enforcement.
You can read the injunction below.
Image by Ed Uthman (CC by 2.0)
View post:
Are Google Piracy Links Protected by the First Amendment? - Digital Music News
- Reflecting on Americas 250th anniversary: The First Amendment - Princeton University Press - June 24th, 2026 [June 24th, 2026]
- How does the First Amendment apply to AI? - FIRE | Foundation for Individual Rights and Expression - June 24th, 2026 [June 24th, 2026]
- 8 Convicted in Texas Immigration Center Shooting and Protest Are Sentenced to Decades in Prison - First Amendment Watch - June 24th, 2026 [June 24th, 2026]
- Justice Department Withdraws Subpoenas That Sought Reporters Grand Jury Testimony, Sources Say - First Amendment Watch - June 24th, 2026 [June 24th, 2026]
- Fence surrounding Eugene Federal Building to be removed within 48 hours, judge rules violation of First Amendment rights - Daily Emerald - June 24th, 2026 [June 24th, 2026]
- Addressing Power Concentration: What to Do About the Office of Management and Budget? - | Knight First Amendment Institute - June 24th, 2026 [June 24th, 2026]
- Pro-life non-profit to stand trial in first of its kind First Amendment lawsuit - Pregnancy Help News - June 24th, 2026 [June 24th, 2026]
- 'Relentless, UN-AMERICAN': Trump escalates attacks on the First Amendment to STARTLING new level - Yahoo - June 24th, 2026 [June 24th, 2026]
- Judge orders release of Palestinian rights advocate, citing likely First Amendment violation - Muslim Network TV - June 24th, 2026 [June 24th, 2026]
- Colberts the Beginning, The First Amendment Battle Continues | Opinion - Newsweek - June 22nd, 2026 [June 22nd, 2026]
- IAFF-backed First Amendment lawsuits advance toward trial - IAFF - June 19th, 2026 [June 19th, 2026]
- Revisiting the First Amendment, which created the architecture of state control in India - The Indian Express - June 19th, 2026 [June 19th, 2026]
- CCIA Files Brief Arguing that Texas App Store Law Likely Violates First Amendment - CCIA - June 19th, 2026 [June 19th, 2026]
- Knight Institute, Sen. Welch, and Mohsen Mahdawi Warn Against Weaponization of Immigration Law - | Knight First Amendment Institute - June 19th, 2026 [June 19th, 2026]
- The First Amendment can be expressed in countless ways, such as painting a crosswalk. - Monterey County Weekly - June 19th, 2026 [June 19th, 2026]
- American opinion: Protecting the First Amendment - Grand Forks Herald - June 19th, 2026 [June 19th, 2026]
- UNs Albanese faces uphill battle with First Amendment case seeking to end sanctions against her - Washington Examiner - June 19th, 2026 [June 19th, 2026]
- Bill Introduced in Congress To Codify the First Amendment Right To Film the Feds and Sue for Violations - Yahoo - June 12th, 2026 [June 12th, 2026]
- Of Slop and Swarms: The First Amendment's Next Test - | Knight First Amendment Institute - June 12th, 2026 [June 12th, 2026]
- Will the First Amendment Affect the Midterms? Government Pressure to Control Speech and AI Tools Worries Americans - American Enterprise Institute -... - June 12th, 2026 [June 12th, 2026]
- Fort Wayne Death Doula Secures Final Victory in First Amendment Lawsuit Challenging States Restrictions on Discussing End-of-Life Care - The Institute... - June 12th, 2026 [June 12th, 2026]
- NJ reproductive health bill raises First Amendment concerns - The Jersey Vindicator - June 12th, 2026 [June 12th, 2026]
- Roll Call. Clicks and confrontation are the real goal of First Amendment auditors - Shaw Local - June 12th, 2026 [June 12th, 2026]
- Southern Baptists Want to Shrink First Amendment Protections - Word&Way - June 12th, 2026 [June 12th, 2026]
- Armstrong responds to backlash over his endorsements I didnt give up my first amendment rights when I became governor - WDAY Radio - June 12th, 2026 [June 12th, 2026]
- On Mormons, The Pentagon, And The First Amendment - Patheos - June 12th, 2026 [June 12th, 2026]
- Philly Cops Admit That Theyre Tracking First Amendment Activity Critical of AI - The Intercept - June 3rd, 2026 [June 3rd, 2026]
- Free Speech Unmuted: The First Amendment and Privacy Rights - Reason Magazine - June 3rd, 2026 [June 3rd, 2026]
- Join the Conversation: The First Amendment and the American Flag - WSHU - June 3rd, 2026 [June 3rd, 2026]
- What Is the Equal Opportunities Rule? FCC Regulation Explained as ABC Claims First Amendment Violation - Freedom Forum - June 3rd, 2026 [June 3rd, 2026]
- VICTORY! Tennessee man jailed 37 days for Trump meme wins $835,000 settlement after First Amendment lawsuit - FIRE | Foundation for Individual Rights... - May 27th, 2026 [May 27th, 2026]
- 'If you can frighten people, you can control them': Journalist Alex Berenson warns about fear-based tactics after securing $150K First Amendment... - May 27th, 2026 [May 27th, 2026]
- The First Amendment exists to protect speech we dont want to hear - CT Mirror - May 27th, 2026 [May 27th, 2026]
- ACLU of Indiana reaches settlement in First Amendment lawsuit against Ball State University - WTHI-TV - May 27th, 2026 [May 27th, 2026]
- Justice Department Appeals Federal Judges Ruling That First Amendment Protections Apply to Sanctioned UN Special Rapporteur - Foundation for Defense... - May 27th, 2026 [May 27th, 2026]
- Q&A: Anna Gomez Is the Sole Democrat on the FCC. She Has a Warning for Big Media Companies - First Amendment Watch - May 27th, 2026 [May 27th, 2026]
- How does the First Amendment apply to protesters at church? Onondaga County lawmakers consider question raised by new bill - AOL.com - May 27th, 2026 [May 27th, 2026]
- A free press is for all of us. Why I cover the First Amendment - The Tennessean - May 17th, 2026 [May 17th, 2026]
- First Amendment rights at center of clash between Pa. schools and students over ICE walkouts - LancasterOnline - May 17th, 2026 [May 17th, 2026]
- Letter to the Editor: An assault on the First Amendment - Brattleboro Reformer - May 16th, 2026 [May 16th, 2026]
- Re-Aligning Incentives in the Democratic Public Sphere - | Knight First Amendment Institute - May 13th, 2026 [May 13th, 2026]
- In Legal Dispute Over The View, ABC Argues Trump Administration Is Trying To Chill Free Speech - First Amendment Watch - May 13th, 2026 [May 13th, 2026]
- Appeals Court Spares Trump From Paying $83 Million Defamation Award to E. Jean Carroll For Now - First Amendment Watch - May 13th, 2026 [May 13th, 2026]
- Online Speech and Jawboning Hypocrisy: Does an Inglorious First Amendment Legacy Await Bondi and Noem? - American Enterprise Institute - AEI - May 13th, 2026 [May 13th, 2026]
- First Amendment rights at center of clash between Pa. schools and students over ICE walkouts - The Daily Item - May 13th, 2026 [May 13th, 2026]
- ABC accuses FCC of violating its First Amendment rights over its scrutiny of "The View" - CBS News - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Government of Violating First Amendment - The New York Times - May 9th, 2026 [May 9th, 2026]
- Jane Fonda, Patti Smith, Rufus Wainwright to Gather in Celebration of the First Amendment in NYC - Rolling Stone - May 9th, 2026 [May 9th, 2026]
- FCC's warnings on political interviews 'chill' First Amendment, ABC says - Politico - May 9th, 2026 [May 9th, 2026]
- ABC Says FCCs Equal Time Crackdown On The View Chills Its First Amendment Rights - Deadline - May 9th, 2026 [May 9th, 2026]
- ABC accused the U.S. government of violating the First Amendment in a dispute with the FCC over The View. The networks argument is the most aggressive... - May 9th, 2026 [May 9th, 2026]
- ABC accuses government of violating First Amendment - Editor and Publisher - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Trump Administration of Violating First Amendment with FCC's Pointed Attacks on The View - People.com - May 9th, 2026 [May 9th, 2026]
- Sen. Kelly First Amendment Case: Government Cannot Be Arbiter of Its Own Speech Restrictions - Cato Institute - May 9th, 2026 [May 9th, 2026]
- DCYF warning to union leader raises First Amendment concerns, ACLU says - Rhode Island Current - May 9th, 2026 [May 9th, 2026]
- ABC accuses the FCC of violating its first amendment rights - WQAD - May 9th, 2026 [May 9th, 2026]
- Local news and the First Amendment: Whats at stake - Roswell Daily Record - May 9th, 2026 [May 9th, 2026]
- Mark Kelly lawsuit: impact on First Amendment rights of retired veterans - KTAR News 92.3 FM - May 9th, 2026 [May 9th, 2026]
- ABC and Disney accuse Trump admin of violating First Amendment rights - The Verge - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of violating the First Amendment in their attacks on 'The View': An overreach that "threatens to upend decades of settled... - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - KBAK - May 9th, 2026 [May 9th, 2026]
- Disney-Owned ABC Accuses U.S. Government of Violating First Amendment - WDW News Today - May 9th, 2026 [May 9th, 2026]
- ADL Reports a Sharp Drop in US Antisemitic Incidents in 2025, Driven by a Steep Fall on Campuses - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- Bette Midler and Jane Fonda to Headline Protest Concert for the First Amendment in New York - TheWrap - May 9th, 2026 [May 9th, 2026]
- Rutgers University Withdraws Invite to a Graduation Speaker Over His Criticism of Israel - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - WKRC - May 9th, 2026 [May 9th, 2026]
- Patti Smith to take part in Rise Up, Sing Out: A Concert for the First Amendment - Everett Post - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of chilling The View's First Amendment rights to be The View - AV Club - May 9th, 2026 [May 9th, 2026]
- James Comey Faces New Indictment With First Amendment Implications: What You Need to Know - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Supreme Court First Choice ruling crushes lawfare in win for First Amendment - Washington Examiner - May 5th, 2026 [May 5th, 2026]
- Letter: Exercising the First Amendment - The Daily News of Newburyport - May 5th, 2026 [May 5th, 2026]
- Celebrating the Power of Music and the First Amendment at Freely Fest - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Trump uses assassination attempt to justify his assault on first amendment rights to free speech - The Conversation - May 3rd, 2026 [May 3rd, 2026]
- The GUARD Act Undermines the First Amendment and Parental Choice - R Street Institute - May 3rd, 2026 [May 3rd, 2026]
- Art by Telephone, Art by Algorithm: Expression, AI, and the First Amendment - - Center for Democracy and Technology - May 3rd, 2026 [May 3rd, 2026]
- The first amendment shall prevail: Plaintiff in 2023 discrimination case speaks after judge orders St. George to pay $350K - ABC4 Utah - May 3rd, 2026 [May 3rd, 2026]
- RANDY EVANS: Reflecting on mentors, opportunity and the First Amendment - Indianola Independent Advocate - May 3rd, 2026 [May 3rd, 2026]
- Utah City Ordered to Pay $350k to Drag Performers After Losing First Amendment Fight - EDGE Media Network - May 3rd, 2026 [May 3rd, 2026]
- The Mouse vs. The White House: Disney Lawyers Up for First Amendment War Over ABCs License - Inside the Magic - May 3rd, 2026 [May 3rd, 2026]
- Analysis: What Disney is thinking as it faces a First Amendment fight with Trump - CNN - April 29th, 2026 [April 29th, 2026]