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

Three new buses on the way for Fraser-Cascade School District

A change to funding from the ministry will allow the district to purchase three replacement buses

Kent honours late CAO with tree planting

Tony Lewis passed away in 2007, seven months before his retirement from the position

Judge questions joint submission for Chilliwack man who sexually assaulted girl

Crown, defence ordered to find case law to back up one-year sentencing for Andrew Mullaly

School trip tragedy leaves Hope mourning the loss of one of their own

Long-time resident, Sandra Loring, passed away while chaperoning a European school trip

Fraser Health reminds parents to get their kids fully vaccinated against measles

Health authority will send letters home to parents with catch-up program information

VIDEO: Agassiz, Harrison celebrate National Pet Day

From cats and dogs to lizards and chickens, residents showed off the animals that enrich their lives

Female real estate agents warned of suspicious man in Metro Vancouver

The man requests to see homes alone with the female agent, police say

COLUMN: Keep your camping coordinates a secret this season

‘There are simply too many people in the back country,’ says Progress reporter

Can you put your phone down for Mother’s Day?

#DiningMode campaign encourages people to leave the phone alone while eating

Horgan heckled as gas prices sit at record high, could go up more

Premier John Horgan blames refiners, not taxes

SPCA investigating after newborn kittens found in Vancouver dumpster

The kittens were found suffering from hypothermia and dehydration

‘B.C. cannot wait for action’: Top doctor urges province to decriminalize illicit drugs

Dr. Bonnie Henry says current approach in ‘war on drugs’ has criminalized and stigmatized drug users

VIDEO: Surrey stabbing leaves man with ‘potentially life altering injuries’

Police believe an altercation between two people led to the incident, in the 13700-block of 97A Ave.

VIDEO: Surrey RCMP investigating after ‘sudden death’ of man found with critical injuries

Police say a man is dead after being found laying on the ground in the 13300-block of 114th Avenue

Most Read