ISP Ordered To Release Identity Of 2000 Subscribers To Copyright Holder In Landmark Ruling

On February 20, 2014, the Federal Court of Canada in Voltage Pictures LLC v John Doe and Jane Doe 2014 FC 161 ordered an Internet service provider (ISP) to release the names and addresses of 2000 subscribers alleged to have illegally downloaded a copyrighted movie using peer to peer networks and the BitTorrent protocol. This marks the first Canadian decision in which the Federal Court has ordered the large scale production of customer information from a third party ISP in order to identify potential defendants in an action for illegal downloading of copyrighted material from the Internet.

This decision represents a victory for rights holders seeking to address the large scale downloading of copyrighted material from the Internet, which is widespread in Canada. The decision is also balanced in that it encourages the Court to impose strict safeguards to prevent the coercive settlement tactics that have sometimes followed such orders in jurisdictions outside of Canada.