"Don't Shoot the Messenger!" Developments in ISP Liability in Broadcasting and Copyright, (2010) 11:7
Internet and E-Commerce Law in Canada
Date:
November 1 2010
In a judgment rendered on July 7, 2010, the Federal Court of Appeal answered a reference question put to it by the Canadian Radio-television and Telecommunications Commission (“CRTC” or the “Commission”), concerning the applicability of the Broadcasting Act to Internet Service Providers (“ISPs”). Writing for a unanimous Court, Noël J.A. concluded that ISPs do not carry on “broadcasting” subject to the Act when they simply provide access to broadcasting by end-users. He relied significantly on a prior copyright decision by the Supreme Court of Canada to reach that conclusion.
Reproduced with permission of the publisher from Internet and E-Commerce Law in Canada, Vol. 11, No. 7, November 2010.
Read more by clicking the download button.