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

Get your healthy on

Healthy Living Expo promotes sustainable, innovative and healthy lifestyles

WATCH: Team Alberta visits Red Deer this weekend to prepare for Canada Winter Games

About 250 Team Alberta athletes toured venues and tested out facilities Saturday

École Secondaire Notre Dame High School students hold ‘Food Truck Friday’

Food studies students learn what it takes to run a food truck business while giving to a good cause

Action Group Society seeking support for transit program

Donate A Ride needs a boost in funds to serve the community

VIDEO: Students in MAGA hats mock Native American at Indigenous Peoples March

Diocese in Kentucky says it is investigating the matter, caught on video by onlookers

CONSUMER REPORT: What to buy each month in 2019 to save money

Resolve to buy all of the things you want and need, but pay less money for them

Anxiety in Alaska as endless aftershocks rattle residents

Seismologists expect the temblors to continue for months, although the frequency has lessened

Women’s March returns across the U.S. amid shutdown and controversy

The original march in 2017, the day after President Donald Trump’s inauguration, drew hundreds of thousands of people

Ponoka cowboy Vernon (Bud) Butterfield passes away

The Ponoka Stampede Association announced his passing Friday

Rare ‘super blood wolf moon’ takes to the skies this Sunday

Celestial event happens only three times this century

Ponoka RCMP are looking for a missing man

Police say he may be in Drayton Valley and they are worried for his wellbeing

Dog dies saving B.C. family from burning home

Homeowners safe but one pet missing, another confirmed dead following fire

Fashion Fridays: Inspirational gym outfits

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

Most Read