The Supreme Court of Canada ruled today that Internet Service Providers are not responsible for the content users access online. Some interesting parts of the ruling are included below.
The creation of a "cache" copy is a serendipitous consequence of improvements in Internet technology, is content neutral, and in light of s. 2.4(1)(b) of the Act ought not to have any legal bearing on the communication between the content provider and the end user. "Caching” is dictated by the need to deliver faster and more economic service, and should not, when undertaken only for such technical reasons, attract copyright liability and therefore comes within the shelter of s. 2.4(1)(b).
An internet service provider's knowledge that someone might be using content-neutral technology to violate copyright is not necessarily sufficient to constitute authorization, which requires a demonstration that the defendant did give approval to, sanction, permit, favour, or encourage the infringing conduct.
The Copyright Act is often presented as "a balance" between the rights of those who create works of the arts and the intellect and those who wish to use such works. However, the balance is only tangentially at issue here because Parliament has expressed the view in s. 2.4(1)(b) that those who provide internet infrastructure are not properly to be considered "users" of such works for purposes of the Act.
So it would seem that ISPs are conduits of information, and the fact that they might be used to violate copyright does not necessarily make an ISP responsible. That cache copies are seen as technological efficiencies seems sensible as well. Finally, the notion that the Copyright Act is a balance between the rights of creators and users is very important. I am pleased the court has reiterated this fact. As this debate will undoubtedly continue in Canada, I hope a balanced view of copyright continues to prevail.
Some great coverage from the CBC can be found here. As always, CanFLI provides excellent information. A copy of the decision can be found here.
