Well, that’s the problem with taking representations from two sides of this debate and then ruling. Both sides would like to forward the Google = Internet part of the argument, but that’s the part the court should reject.
I know that’s how courts work, but the SC can consider whatever it wants to consider, and often does see beyond the issue right in front of them. Which I guess goes back to me thinking they just don’t quite understand the technology, not on a deep level where they’ve really internalized it.
Canada’s SC is one of the best courts in the world, but obviously I know better.