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The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet

2020· reference-entry· en· W3035464921 on OpenAlexaffabout
Michael Geist

Bibliographic record

Venuenot available
Typereference-entry
Languageen
FieldBusiness, Management and Accounting
TopicDispute Resolution and Class Actions
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsThe InternetJurisdictionPolitical scienceOrder (exchange)LawSupreme courtBusinessComputer science

Abstract

fetched live from OpenAlex

This chapter examines the Canadian Equustek case, tracing the development of internet jurisdiction cases in the late 1990s to the current legal battles over the appropriate scope of court orders that wield far greater effect than conventional, domestic-based orders. The chapter begins by recounting the Yahoo France case, the internet jurisdiction case that placed the conflict challenges squarely on the legal radar screen. It continues with a detailed examination of the Equustek decision and its aftermath, including efforts by Google to curtail the effect of the Canadian court order by obtaining a countervailing order from a US court and the use by Canadian courts to extend the ruling to other internet platforms and online issues. It also cites one additional risk with overbroad national court orders related to online activity, namely the prospect of further empowering large internet intermediaries, who may selectively choose which laws and orders to follow, thereby overriding conventional enforcement of court orders and national regulation.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.004
metaresearch head score (Gemma)0.012
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.151
Threshold uncertainty score0.985

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0040.012
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0070.008
Science and technology studies0.0260.026
Scholarly communication0.0260.010
Open science0.0030.006
Research integrity0.0070.010
Insufficient payload (model declined to judge)0.0210.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.017
GPT teacher head0.247
Teacher spread0.230 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations3
Published2020
Admission routes2
Has abstractyes

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Same topicDispute Resolution and Class ActionsFrench-language works237,207