CANADIAN REVERSE CLASS ACTION ANTI-PIRACY SUIT TO PROCEED

Canadian Federal Justice Boswell has ordered the disclosure of subscriber information in a pending reverse class action anti-piracy suit.

The suit involves the users of Rogers Communications internet services who have downloaded films produced by Voltage Pictures, including The Cobbler, Pay The Ghost, Good Kill (Clear Skies), American Heist (Glacier Entertainment) and Fathers & Daughters.

Judge Boswell wrote:

I am satisfied that the Applicants have adduced sufficient evidence, notably in the Affidavit of Daniel Macek, to show that they have a bona fide claim that unknown persons are infringing the copyright in their films. Consequently, they have a right to have the identity of the Subscriber revealed and disclosed for the purpose of pursuing their proposed class proceeding. This right flows from established case law such as that noted above; it does not flow from and is not grounded in any way by the “notice and notice” provisions of the Copyright Act.

The Judge then ordered the release of the subscriber’s name and address.

It is not clear from the order how many infringers may be affected, but it may be this will eventually reach any user of Rogers Communications that pirates any Voltage Pictures produced film.

 

Order: Voltage, et al., v. John Doe 2016-FC-881

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