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IP Thinking


December 1, 2004


Vanessa Grant
Brian W. Gray
Lisa Melanson
Barry B. Sookman

The exponential growth of the Internet has raised serious issues related to liability for infringement. Are Internet intermediaries such as ISPs liable for infringement when they provide connectivity to subscribers, when they provide hosting services, or when they use caching technologies? Where does infringement occur? Is the scope of the Copyright Act limited to acts of infringement which occur wholly within Canada or does the Act apply to acts which take place partly in Canada and partly outside of Canada? In the SOCAN v. Canadian Association of Internet Providers (2004 S.C.C. 45) case (the “Tariff 22 case”) the Supreme Court of Canada tackled these questions.

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