The day I have been waiting for has finally come. Tomorrow is December 2nd, 2022, which means that my appeal of Justice Milman’s March 11th, 2022 decision will finally be heard. The Court of Appeal’s hearing list for this week can be found here: https://www.bccourts.ca/court_of_appeal/hearing_list/lists/weekly_hearing_list/Weekly%20Hearing%20List%20with%20Summary.pdf
To review, in his decision Justice Milman threw out substantial parts of Proctorio’s lawsuit. Their claim of “circumvention of a technological protection measure” was found to be meritless. Their claim of copyright infringement for the sharing of a screenshot was also dismissed. However, Proctorio’s claims of copyright infringement and breach of confidence for the sharing of 7 YouTube video links was allowed to continue. That was a mistake.
With our appeal, we intend to remedy this mistake and correct the errors that led to it. While we won’t know the appeal’s outcome for months, tomorrow’s hearing is a pivotal moment for the future of Proctorio’s SLAPP, which began 820 days ago.
No matter where you are, you will (hopefully) be able to see it for yourself, as the appeal hearing may be broadcast online. The reason I say may is because Proctorio objects to the broadcast. At the beginning of tomorrow’s hearing, Proctorio will address the Court, at which time the broadcast will either begin or be canceled. I encourage you to witness what Proctorio seeks to make inaccessible.
You may access this Zoom link to watch the appeal hearing, which commences at 10am Pacific Time tomorrow, December 2nd, 2022: https://us02web.zoom.us/j/88597243447?pwd=ZmdrQ2IxcnVScEsrSWFXbzZuNjBVZz09
Depending on what the Court decides, it will either work or not work. I will be there in person, and will publish a tweet with the decision when we know. The easiest thing to do would be to try the link at 10am and again sometime after to see if it works. It would be a big win for transparency and the public interest if the broadcast is permitted.
I have created a new shared folder for all the documents related to the appeal. You may access it at https://appeal.linkletter.org. This is different from the link I shared in previous updates, because instead of being all our filings, it is only those most relevant to the appeal. I will keep updating both folders.
- In the first document, you can read the judgment we are appealing.
- In the second document, you can read our notice of appeal.
- In the third document, you can read our factum.
- In the fourth document, you can read our response to Proctorio’s factum.
- Also included are my affidavits.
I must give thanks to everyone who has helped me get to where I am today. My wife and family have been there for me every day of the way. Their unceasing love and support has sustained my ability to withstand the most stressful experience of my life. I love them so much. Always.
I also thank my lawyers from Arvay Finlay LLP. Catherine Boies Parker, K.C., and Julia Riddle have defended me brilliantly, and will always have my full confidence.
Finally, thank you. Your donations were critical to my ability to defend myself from this SLAPP. I will always remember your kindness and generosity. Thank you for standing with me against Proctorio’s SLAPP. Together, we will make it to the end.
I can be contacted by members of the press at email@example.com.