Jehova's Sue Website Out of Embarrassment
Apparently that judicial review is on its way now: the Quotes.Watchtower.ca site has been sued by the WTBTS in the Ontario Superior Court. Claims are copyright infringement of the original WTBTS texts, trademark violations in the URL and breaking End User License Agreements (EULAs) of the WTBTS' CD-ROMS where the quotes were taken from. Most revealing is the claim that also blows the cover of this suit, embarrassment of the WTBTS:
[Paragraph] 31. The Defendant's main purpose in operating the website is not "fair use", but rather to try to embarrass the Plaintiffs by quoting selectively from some of the Religious Works in a manner that misleads Internet users as to the teachings of Jehovah's Witnesses
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In breaking down the fair dealing argument, it is difficult to see how the trademark complaints are relevant to the analysis. Similarly, the absence of restrictions on the site and the availability of a search engine don't provide compelling reasons to lose a user right. The remaining two issues, which amount to claims of too much copying, will likely be the bigger questions and they turn on a legal analysis of evidence yet to be presented. A cursory review suggests that much of the content would be viewed as fair dealing since there are a large number of limited length quotations that would benefit from the SCC's [Supreme Court of Canada-RL] liberal interpretation of fair dealing.