The BC Court of Appeal did not answer the issue directly; but agreed it is a novel question to be decided at trial rather than summarily struck. In dismissing the appeal of Mr. Linkletter, the Court distinguished the Supreme Court of Canada’s law on defamation in Crookes v Newton (2011 SCC 47) which held that online posting of a hyperlink does not constitute a defamatory publication. The BC Court phrased the issue to be decided at trial in respect of copyright infringement as: “whether sharing a controlled link to an unlisted [i.e. private] video amounts to a publication of the video rather than a mere direction or reference…”