The Federal Court has ordered Rogers Communications Inc., as an internet service provider, to disclose to the Applicants any and all contact and personal information for a Rogers customer associated with an identified internet protocol address.
In the underlying proceeding, the Applicants to this proposed class action have claimed declatory and injunctive relief against the John Doe Respondent Subscriber who is only known by his or her IP address. The Applicants have alleged that the Subscriber and others have engaged in illegal file sharing over the Internet, and thereby infringed the Applicants' copyrights in several films.
In balancing the privacy rights of the Subscriber, the Court ordered that Rogers must disclose to the Applicants only the Subscriber's name and address as recorded in its records. This information was also not allowed to be disclosed to any other parties or the general public before the Subscriber's identity becomes part of the public record of the proceeding.
The Court awarded Rogers an hourly fee of $100 plus tax for the time spent in assembling and providing the Subscriber information to the Applicants, as well as Rogers' costs of the motion.