Canada Considers Making Caching Illegal

OTTAWA CITY, Canada — Canadian Parliament soon will vote on a bill that could significantly increase copyright infringement claims against search engines and other sites that cache web pages.

According to its authors, C-60 was designed to protect search engines, Internet service providers and others from baseless lawsuits. But copyright experts are saying that careless wording and a lack of protection against false claims could cause more problems than the legislation solves.

“It’s a good idea in principle, but the fear is that it will be misused by rights holders and others,” Gwen Hinze, International affairs director of the Electronic Frontier Foundation, told XBiz.

Hinze said the issue is whether the bill is too narrowly worded to adequately balance the interests of copyright holders with the right of the public to have access to information online.

Copyright attorney Howard Knopf said he sees the danger to the public as greater than the danger to copyright holders. “The way it reads, arguably what they’re saying is that the very act of making a reproduction by way of caching is illegal,” Knopft said.

Several search engines already have been targeted by copyright holders who say the technology, by its very nature, infringes the 1996 World Intellectual Property Organizations treaty, the document that formed the basis for the U.S. Digital Millennium Copyright Act and similar laws in other countries.

In the past year, Perfect 10 magazine has filed suit against both Google and Amazon’s A9 search engine for allegedly infringing copyrights on its images. Agence France Presse also sued Google for $17.5 million, claiming the search engine is displaying photos, headlines and story leads on www.news.google.com without authorization or compensation.

University of Ottawa law professor Michael Geist said he expects such lawsuits will skyrocket if C-60 is passed. “Anyone with content on the web could sue,” he said. “Somebody with an axe to grind, or business competitors, could start using the system to try to get content removed.”

To date, there are no Canadian cases involving search engines being sued for copyright infringement, and Knopf said people who post information on the Internet without using robots.txt files, which tell search engines to stay away from certain content, are giving implied consent to have their content cached.

"If you put stuff freely on the Internet and don't take available steps to control archiving, you have to expect that people are going to browse, print or save it and that Google is going to cache it and archive.org is going to archive it," Knopf said.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Sex Work CEO Debuts Upgraded 'GPTease' AI Assistant

Sex Work CEO has introduced the new Canvas in-chat editing feature to its AI-powered, NSFW text generator, GPTease.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Show More