Canada's 'Expanded Scope' Blocking Order Targets Existing and Future Pirate Sites * TorrentFreak

Canada’s ‘Expanded Scope’ Blocking Order Targets Existing and Future Pirate Sites

Canada’s approach to pirate site blocking has evolved quite a bit since the Federal Court issued the first ‘GoldTV’ order in 2019.

That original order targeted a specific service and a fixed set of domain names. If rightsholders wanted to add a domain to the blocklist, they had to go back to court.

Later orders against Soap2Day and, more recently, various stream-ripping sites, went a step further. Instead of targeting specific operations run by the same people, they allowed rightsholders to update the blocklist with alternative domains that would pop up, as well as copycats of the already named brands.

These new orders streamlined the site blocking process. Rightsholders no longer had to file a new case for every domain that popped up. They did, however, still have to go back to the Federal Court, which had to issue a new order before anything new could be blocked.

Rightsholders say these types of blocking orders are needed to effectively curb piracy. However, they are not without criticism. Opponents including the Canadian ISP TekSavvy have previously complained that site blocking is a slippery slope, where more sites might eventually get blocked with less oversight.

Hollywood Seeks Broad Blocking Order

Thus far the global trend has indeed been to expand blocking powers and the latest Federal Court order, issued earlier this month, is no exception.

The blocking order, requested by Rogers, TVA, Netflix and various Hollywood studios such as Disney and Warner Bros., targets thirteen named piracy brands. This includes existing domain names, but also any future domains that use the same brands, whether these are linked to the original operation or not.

The order requires Canadian ISPs, including Bell, Rogers, Telus, and TekSavvy, to block an initial list of 18 domains and subdomains. It is also the first Canadian blocking order to cover both IPTV subscription services and public streaming sites in a single proceeding.

The Canadian Blocking Order

The order splits its targets into two groups. Six are IPTV subscription services: Apollo Group TV, Diablo IPTV, GLO TV, IPGuys, Jio TV, and Smart4K/Platinum. The other seven pirate streaming sites are 123Movies, Cineby, FMovies, HydraHD, Putlocker, TheTVApp, and WatchSeries.

The initial blocklist

After the first site blocking order survived several appeals, there hasn’t been any significant opposition from ISPs to the follow-up orders. That also applies here, as the most recent blocking order was approved without any notable pushback.

Schedule 1 lists 13 domains and five subdomains. With more than 50 million global monthly visitors, 123moviesfree.net is one of the prime targets. However, the value of this order lies less in what it blocks today than in what it can block tomorrow.

The Catch-All ‘Expanded Scope’ Order

The blocking order adds a new feature which is framed as an "Expanded Scope." Earlier Canadian orders reached a single brand and its copycats. The latest blocking order goes further, as it also covers "similarly infringing platforms operating under other brands."

This effectively means that the movie studios and other rightsholders can add new pirate sites and services to the blocklist. Justice Southcott agreed that this is needed to deal with the piracy whac-a-mole problem where new pirate sites swiftly take the place of blocked ones.

"[W]hen access to infringing platforms is blocked, other similarly infringing platforms appear and/or increase in popularity," the order reads.

To justify the expansion, Justice Southcott looked at a recent UK High Court order, described as an "omnibus order," which we covered in May. According to the Motion Picture Association, which represents its member studios in site blocking efforts, this order makes it possible to block any "structurally infringing audiovisual piracy service" without naming it in advance.

The UK judgment itself has still not been published on BAILII or the National Archives, as far as we know, but it is clearly seen as the new frontier in site blocking efforts.

Adding New Brands

The order explains how new brands are added through what it calls a "Simplified Procedure." To add a platform, rightsholders must file an affidavit which confirms that the new target meets the order’s conditions.

In this case, it means that the target’s sole or predominant purpose is the unauthorized distribution of the studios’ film and television works, that it operates like the IPTV or open-web services already named, that it is reachable in Canada, and that the operator was sent a notice of infringement and given seven days to respond.

Some of the conditions

If no targeted ISP files a notice of motion to object within five business days, the updated list takes effect without any hearing and no further order from the...