Supreme Court sides with Rogers in illegal movie downloading case

9-0 decision could end up saving Rogers and other internet providers many thousands of dollars

The Supreme Court of Canada says internet service providers can recover some of the costs of helping movie companies and other copyright holders find illegal downloaders.

In a decision today, the high court sides with Rogers Communications in ruling that the companies pursuing copyright violators should reimburse service providers a reasonable amount for the effort of looking up subscribers suspected of breaking the law.

The 9-0 decision could end up saving Rogers and other internet providers many thousands of dollars, but the Supreme Court says the appropriate fees should be decided at a future Federal Court hearing.

The case began when Voltage Pictures and several other movie production firms asked Rogers for information about an alleged violator under provisions of the Copyright Act.

Rogers retrieved the information but agreed to disclose it only upon payment of a fee — $100 per hour of work plus HST.

Voltage Pictures and its movie company allies hope to eventually obtain the information of tens of thousands of suspected copyright infringers, and they argued the federal legislative regime precluded Rogers from charging a fee.

In 2016 the Federal Court said Rogers was entitled to levy the fee but the decision was overturned the following year on appeal, prompting the telecom company to take its case to the Supreme Court.

Rogers said the appeal was about who must bear the costs of enforcing copyright on the internet: the copyright owner who launches the proceeding, and who can collect back costs from an infringer, or a third-party Internet service provider, whose only option is to raise prices for its customers.

Rogers uses an automated system to send a notice to the more than 200,000 alleged copyright infringers brought to its attention each month — something it is required to do under the Copyright Act without charging a fee.

But Rogers said it should be compensated for the steps it must take when confronted with a court order from a movie company or other copyright holder for the name and address of a subscriber.

In writing on behalf of eight of the members of the Supreme Court, Justice Russell Brown noted Rogers undertakes an eight-step manual process to comply with such an order. But he indicated it was unclear how many of those steps Rogers must carry out at no cost under the law.

Brown said Rogers and other service providers are entitled to “reasonable costs of steps that are necessary to discern a person’s identity” using the records it is required to keep.

He added that while these costs “may well be small,” it is impossible to determine them based on current evidence, meaning a fresh Federal Court hearing must be held to assess fees a provider can charge.

While agreeing with the majority, Justice Suzanne Cote went further, saying Rogers should be able to levy a fee for all eight steps it takes to respond to a court order.

Jim Bronskill, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Final list of 2018 election candidates confirmed for Chilliwack and beyond

Friday was the deadline for filing nomination papers of candidates running in the 2018 elections

Earl Marriott superstars sink Sardis football Falcons

Byron Ruvalcaba and Sam La Roue led the Mariners to a 34-20 home-field win over Sardis.

UPDATE: Woman from Surrey killed in head-on collision in Chilliwack Saturday

Witnesses in the vehicle struck told first responders the woman appeared to be asleep at the wheel

UPDATE: Province pledges nearly $49 million for new Chilliwack school

Construction on the K-8 school scheduled to begin October 2019 at site along Vedder River

Police ask for public’s help locating missing Agassiz man

Andre Marc Provencal, 27, hasn’t been seen since mid-August

‘Fire tornado’ erupts as firefighters battle interior B.C. wildfire

Firefighters near Vanderhoof were taken by surprise

Abdelrazik torture lawsuit delay would be unconscionable: lawyer

The federal government is making a last-minute plea to delay the Federal Court hearing

Trudeau upset after meeting with Saskatchewan chiefs

Trudeau is upset about how time was managed in a recent meeting

B.C. tent city ‘devastated’ after flash flood

Maple Ridge mayor says that residents shouldn’t have to return to their flooded tents

Filipino-Canadians concerned about family after typhoon hits Philippines

Typhoon Mangkhut has killed 66 people in the Philippines and four in China

Ottawa looks at having retired judge help guide renewed pipeline review process

The feds would only says that ‘multiple options were on the table’

Canada bans use of trans fats in food products

Trans fats are know to cause heart disease

Yukon suspect in B.C. mail bombing makes court appearance

Whitehorse man Leon Nepper faces charges related to a mail bomb sent to a Port Alice home Sept. 11

Highway 17 closed as Surrey firefighters battle propane blaze

Surrey RCMP control traffic as firefighers fight fire at Pacific Propane Container Recycling

Most Read