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ISPs entitled to ‘reasonable costs’ incurred to comply with third party disclosure orders in illegal downloading case, SCC rules

Friday, September 14, 2018 @ 12:08 PM | By Cristin Schmitz

In a novel interpretation of the 2015 “notice and notice” provisions of the Copyright Act, the Supreme Court has ruled that Rogers Communications Inc. and other ISPs are entitled to be reimbursed for their “reasonable costs” in supplying the names and addresses of alleged illegal downloaders to copyright holders pursuant to Norwich third party disclosure orders.

On Sept. 14, the top court 9-0 allowed the appeal of Rogers, and remitted the matter back to the motions judge below to determine how much money Rogers is owed...