Canadian Journal of Law and Technology


Barry Sookman


SOCAN, case comment, copyright infringement, ISP liability


The exponential growth of the Internet has raised serious issues related to liability for copyright infringement. Who should compensate authors and publishers for the use of their works? What activities constitute infringement? Are Internet intermediaries such as Internet service providers (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 that occur wholly within Canada or does the Act apply to acts that take place partly in Canada and partly outside of Canada? In the SOCAN v. Canadian Association of Internet Providers 2 case (Tariff 22) the Supreme Court of Canada tackled these questions.