Stand Against Proctorio’s SLAPP – Update #19

Well everyone, the day has finally come. We got the decision on my application to set aside the injunction issued against me and to dismiss Proctorio’s claim pursuant to the Protection of Public Participation Act application, which was heard in the Supreme Court of British Columbia from February 7-10, 2022.

Justice Milman found that the ex parte injunction I have been living under for the past 18 months was overly broad. Its vague restrictions on sharing “Confidential Information” and “Application IP” have been struck, replaced with narrow wording solely preventing me from sharing Help Center and Proctorio Academy materials (or encouraging others to do so). Wording has also been added to make it clear that I am perfectly free to share information about Proctorio that comes from other sources. This judgment is an enormous relief to me. I no longer have to worry about my communications about Proctorio – including about how the software works, and how it harms students.

Under the PPPA application, parts of Proctorio’s lawsuit were found to be meritless: those about “circumvention of technological protection measures” and the sharing of a screenshot. The copyright infringement and breach of confidence claims related to my sharing of 7 YouTube video links are being allowed to proceed. However, the Court found that the harms alleged by Proctorio are unlikely to materialize, so it seems that Proctorio should have little reason to continue its litigation against me.

Because success on the application was split, each party bears its own costs.

You may read the full decision, which has been published online:

What happens next isn’t clear to me yet, but I am certain that this isn’t over. I remain of the view that the lawsuit should have been entirely dismissed under the PPPA, and so I am considering an appeal. My legal team at Arvay Finlay is preparing a recommendation for me, and only then will I decide. There is so much at stake.

Thank you so much for your support. Your generosity restored my freedom of expression! Even though we haven’t yet been entirely successful, I know we have victories ahead.

For now, I will cherish my freedom and use my voice to protect students, as you protected me. And hey, if you want to join me, I’ve got your back.

Thank you always.

Ian Linkletter