ExpressVu Inc. v. NII Norsat International Inc.
A-541-97
Létourneau J.A.
20/11/97
5 pp.
Appeal from trial judgment ([1998] 1 F.C. 245)-Decoding of material identified in Radiocommunication Act, s. 9(1)(c), including encrypted subscription programming signal or encrypted network feed coming from U.S.A., requiring prior authorization from person holding lawful right in Canada to transmit it and authorize decoding-"Lawful right" referring to person who possesses regulatory rights through proper licensing under Act, authorization of Canadian Radio-television and Telecommunications Commission as well as contractual rights, copyrights necessarily pertaining to content involved in transmission of encrypted subscription programming signal or encrypted network feed-Prohibition intended to cover more than mere theft of signals-Not limited to theft from lawful distributors in Canada-Proper authorization only obtainable from lawful distributor in Canada of radiocommunication-Providing measure of control in Canada over unfair competition coming both from internal, external sources, inherent in reception, enjoyment of satellite services-Trial Judge's interpretation reasonable-Radiocommunication Act, R.S.C., 1985, c. R-2, s. 9(1)(c) (as am. by S.C. 1989, c. 17, s. 6; 1991, c. 11, s. 83).