Federal Court of Canada, BMG Canada Inc v John Doe, 2004 FC 488

Document type
Court Decision
Representatives from the recording industry sought an order to compel various ISPs to disclose the identity of those who used P2P file-sharing networks (KaZaA and iMesh) to share and download over 1000 music files that were protected by copyright. The court held that an order for the release of subscriber information may be granted if the copyright holder can show a bona fide claim and different interests including the subscribers’ privacy rights must be be balanced. Here, the order was denied because privacy concerns outweighed the benefits of disclosure. It was also noted that even if a disclosure is granted, the court could place certain restrictions on the order to protect the privacy interests of the accused. 
Topic, claim, or defense
Privacy or Data Protection
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Issues addressed
Procedural Protections for Users and Publishers
OSP obligation considered
Data Retention or Disclosure
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Court Order