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

Harrison country singer teaches kids to ‘follow your heart’

Todd Richard will be performing his song ‘Follow Your Heart’ for students on Feb. 1

Agassiz Harrison Musem gets funding boost from village

The Village of Harrison will be giving the museum $10K in funding each year

Charges possible for alleged drunk driver who refused breath sample in Agassiz

The Kelowna driver refused to give a breath sample after RCMP stopped the car

Case of man caught with 27,500 fentanyl pills in Chilliwack thrown out due to Charter breach

‘Ambiguous’ signal by drug sniffer dog Doodz leads to B.C. Supreme Court decision

B.C. dairy farmers say milk cup is half full in new Canada Food Guide

Despite what seems like a demotion, B.C. Dairy Association insists its inclusion is still integral

VIDEO: Harrison sailor looking for competitors to race model boats

Bernhard Van Velze is hoping to create a club for model sailboats at Harrison Lake

Teravainen’s 3 points lift Hurricanes to 5-2 win over Canucks

Vancouver heads into all-star break on losing note

B.C. hospital apologizes for veteran’s five-day hallway stay

Clinical director of Victoria General Hospital says case of retired veteran ‘definitely excessive’

Speaker Darryl Plecas says ‘justice’ needed for legislature employees

Plecas spoke to media at the opening of a pedestrian and cycling bridge in Abbotsford Wednesday

Advocate hopes B.C. legislature scandal leads to more transparency

‘Depressing’ that it takes a scandal to inspire freedom of information reform, says Sara Neuert

‘Dr. Lipjob’ avoids jail, gets 30-day suspended sentence

She will have to serve the 30 days in prison if she commits a breach during her two-year’s probation

Ex-Mountie involved in Taser death at Vancouver airport sues government

Kwesi Millington claims he acted in accordance with RCMP training

47 men arrested by Vancouver police for allegedly seeking sex with teenage girls

Seven of those arrested have been charged as part of a two-month operation

Surrey farmers taking stock of revamped Canada Food Guide

Products that were once big at the table — like meat and dairy — have been put on the back-burner

Most Read