Super Channel takes piracy fight to Alberta court

Allarco Entertainment 2008 Inc.’s Super Channel has dropped its Federal Court lawsuit against four major retailers, whose employees allegedly recommended pirating content from media boxes sold in the store, only to launch similar action seeking $50 million in damages in the Court of Queen’s Bench of Alberta. Super Channel’s new litigation lists 100 “John Doe” suppliers as defendants, as well as the four retail stores -- Best Buy Canada Ltd., Staples Canada ULC, Canada Computers Inc., and London Drugs Ltd. -- and 1000 “John Doe” customers listed in its now dismissed Federal Court action. In its statement of claim, Super Channel claims many John Doe customers would not have accessed copyrighted content without the “encouragement, inciting, direction, inducement, authorization, enabling and education” provided by employees of the four retail stores. “This is especially egregious because the 4Stores defendants hold themselves out to be reputable, experienced and trustworthy retailers in Canada which are relied on by Canadians for honest advice and service,” the new statement of claim states. Super Channel seeks the Court of Queen’s Bench rule that the actions of the stores “constitute an unlawful conduct conspiracy” and grant an injunction preventing the retailers from selling devices that allow users to unlawfully access Super Channel’s content. Super Channel also requests the court declare the defendants, including the unnamed customers, have “intentionally interfered with the economic and business relations of the Plaintiff.” Like the Federal Court action, the specific alleged pirate device or software is not named, nor the works that have allegedly been pirated. Super Channel’s Federal Court case was formally dismissed by Federal Court Judge Angela Furlanetto on Jan. 27. Allarco applied for a long-term adjournment on an application for costs by the four retail stores involved in the action, Best Buy Canada Ltd., Staples Canada ULC, Canada Computers Inc., and London Drugs Ltd., but that was rejected by judge Furlanetto. Super Channel posted a video of an undercover investigation to its “change the culture” website last year that shows employees from major retail stores telling customers that the un-named media boxes would allow them access to “free” TV and movies. In cost submissions lodged to the Federal Court on Feb. 3 after the case was dismissed, counsel for the four retail stores are seeking a combined $527,156.70 in costs. The Federal Court is yet to rule on what amount of costs will be awarded. In a motion to amend Super Channel’s Federal Court action lodged last October, the four retailers asked for Super Channel to be ordered to provide “further and better particulars of the allegations in the Claim”, stating it contained “numerous bald allegations that are unsupported by any material facts.” An undercover investigation by Super Channel — a video of which is published on its website called “change the culture” and that was shown to the telecoms — revealed employees from sales reps to supervisors and managers telling customers that the media boxes sold would allow them access to “free” TV and movies. The change the culture website has not been updated since September last year, when Super Channel launched the Federal Court litigation. Asked why it had dropped its Federal Court case and launched litigation in Alberta, Super Channel told The Wire Report it could not comment on the litigation as it was before the courts. In its press release last year, Super Channel said staff at the retail stores were urging customers to stream content onto pirate devices using a Kodi media player, although Kodi is not named in either court action. A report in 2018 by Sandvine Corp. found that 71 per cent of Canadian households with a Kodi media player could access unlicensed content through unofficial add-ons obtained from the internet. Kodi has in the past distanced itself from these add-ons, saying their software doesn’t come with them.

Super Channel takes piracy fight to Alberta court

Brief | March 3, 2020

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us

Super Channel takes piracy fight to Alberta court

Brief | March 3, 2020

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Related Stories

Court orders Copyright Board to issue new distant signal tariff following dispute

Canadian media companies sue OpenAI for copyright infringement, could cost $322 billion

Coordinated effort is ‘essential’ in tackling AI policy issues, says Canadian Digital Regulators Forum

Government working with AI researcher Mila on governing use of cultural content

Reuse & Permissions

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us