Voltage Holdings, LLC v. Doe #1 et al, 2022 FC 827

Justice Furlanetto - 2022-06-06

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This is a motion for default judgment brought pursuant to Rule 210 of the Federal Courts Rules relating to an action under the Federal Court’s simplified procedure for online copyright infringement. The Plaintiff, Voltage, a movie production company, alleges that a mass group of internet subscribers used or authorized for use the BitTorrent P2P network to unlawfully make the Plaintiff’s science-fiction film, Revolt available for distribution. The Plaintiff seeks default judgment against thirty internet subscribers as well as statutory damages and costs from each. ... For the reasons that follow, I find that there is insufficient evidence to grant default judgment, but that Rule 210(4)(c) should be exercised and the matter should proceed forward to trial, without prejudice to the Plaintiff to bring the same motion back again with better evidence. ... In my view, some attempt must be made to determine the internet user responsible for the alleged infringement before a presumption can arise that the internet subscriber is that user or a proper adverse inference can be drawn based on non-responsiveness. ... A direct link must be addressed by the evidence between the internet subscriber and the alleged infringing use or sufficient steps taken for an adverse inference to be drawn against the internet subscriber. ... However, there is no evidence as to the nature of relationship between the internet subscribers identified as Default Defendants and those that actually uploaded the unauthorized content, who as discussed earlier have not been identified.

Decision relates to:


Canadian Intellectual Property