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ARTICLE · 19 SEPTEMBER 2018

Notice Regime And Norwich Orders

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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The Supreme Court of Canada released its decision in Rogers Communications Inc. v. Voltage Pictures, LLC, holding that internet service providers ...

CanadaIntellectual Property

The Supreme Court of Canada released its decision in Rogers Communications Inc. v. Voltage Pictures, LLC, holding that internet service providers are entitled to their reasonable costs of compliance with Norwich orders for the disclosure of subscriber information.

The underlying facts relevant to this appeal are straightforward. The respondents, film production companies, alleged that their copyrights were infringed by unknown internet subscribers who shared their films using peer to peer file sharing networks. The respondents sued one of those unknown users – "John Doe" – alleging breach of copyright. The objective of suing this John Doe was to commence a so-called "reverse" class action against thousands of people whose identities were unknown but that the respondents said had similarly infringed its copyright. In pursuit of that action, the respondents brought a motion for a Norwich order compelling John Doe's internet service providers – the appellant,

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