MLJ Volume 36-1.pdf - Robson Hall Faculty of Law

226 MANITOBA LAW JOURNAL|VOLUME 36 ISSUE 1
E. LinkedIn
LinkedIn caters to professionals who wish to display their work history
and other work-related and professional information. As a businessoriented
social network, LinkedIn is rarely referenced in Canadian
jurisprudence. Some courts have even purposely denied discovery of
LinkedIn while granting discovery of other networks. 12 In the US,
LinkedIn postings have played a role in a small number of commercial
cases. Evidentiary uses have included attempts to show that a party
breached non-competition agreements by contacting former clients, 13 to
establish the geographic location of witnesses with a view to establishing
the proper forum for litigation, 14 to demonstrate work history, 15 or that a
party engaged in misrepresentation. 16
F. YouTube
YouTube, now owned by Google, is a popular website for sharing
videos. It is one of the primary Internet video-hosting platforms and the
source of many cases involving video copyright infringement. For lawyers
concerned with copyright infringement, a whole series of case law in the
US involves application of the US Digital Millennium Copyright Act to
Youtube. 17 Additionally, YouTube has been brought up in the courts
regarding evidence of threats, 18 association with gang members in rap
videos, 19 human rights violations involving statements about sexual
orientation, 20 and even some personal injury videos. 21 While YouTube does
allow private videos, most videos are public and courts have not generally
had to deal with civil discovery motions to uncover content. However, in
instances where the author of the video is not readily apparent,
investigators may be required to contact YouTube for evidence regarding
12
Sparks, supra note 2.
13
Graziano v Nesco Service Co, 2011 WL 1219259 (ND Ohio).
14
Paltalk Holdings, Inc. v Sony Computer Entertainment America Inc, 2010 WL 3517196
(ED Tex).
15
Blayde v Harrah's Entertainment, Inc, 2010 WL 5387486 (WD Tenn).
16
Nationwide Payment Solutions, LLC v Plunkett, 2011 WL 446077 (D Me).
17
Digital Millennium Copyright Act, 17 USC § 1201-1205 (1998).
18
R v B(R), 2011 ONCJ 118 (available on WL Can) [R v B(R)].
19
R v Sinclair, 2010 ONSC 7254 (available on WL Can) [Sinclair].
20
Pardy v Earle, 2011 BCHRT 101 (available on WL Can).
21
Tyrell v Bruce, 2010 ONSC 6680, 92 CCLI (4th) 248 [Tyrell].