Voltage had insisted that these kinds of fees would make it too costly to pursue pirates. Justice Russell Brown rejected this notion, however, and suggested that media producers could wind up imposing stiff costs on ISPs. He noted that the costs “may well be small” right now, but that it would be wrong to assume that they would always be inconsequential.
Not surprisingly, Rogers characterized the decision as a victory for customers, claiming that millions of people faced “open season” on their personal data if ISPs had to provide info no matter what the cost.
This doesn’t mean that Canadian ISPs could ask for blank checks (or rather, cheques). Brown indicated that Rogers should go back to a lower court to prove its costs. Even so, it adds a barrier to Hollywood studios and music labels expecting to track down pirates — they can’t just assume ISPs will work pro bono on their behalf.