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ARTICLE · 10 MARCH 2014

Federal Court Balances Copyright Enforcement And Internet Privacy

The Federal Court ruled that Voltage Pictures could access limited ISP subscriber information for the purpose of pursuing copyright infringement claims.

CanadaIntellectual Property

In Voltage Pictures LLC v. John Doe and Jane Doe, 2014 FC 161, the Federal Court ruled that while the plaintiff Voltage could have access to ISP subscriber information for the purposes of pursuing copyright infringement claims against BitTorrent users, subsequent efforts to pursue litigation will be subject to active judicial oversight. 

In November 2012, Voltage, a film production company behind such movies as The Hurt Locker, commenced an action in the Federal Court alleging copyright infringement of a number of its cinematographic works against BitTorrent users that have allegedly copied and distributed these works without authorization. 

Voltage sought the names and addresses of some 2,000 subscribers of the independent ISP TekSavvy through a motion for a Norwich Order - a litigation tool subjecting non-parties, in this case TekSavvy, to discovery or to being compelled to provide information. Voltage alleged that it sought the names and addresses so that it

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