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| Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers ： ウィキペディア英語版 |
Society of Composers, Authors and Music Publishers of Canada v Canadian Assn of Internet Providers
''Society of Composers, Authors and Music Publishers of Canada v Canadian Assn of Internet Providers'' 2 S.C.R. 427, - also known as the Tariff 22 case - is a leading decision by the Supreme Court of Canada on ISP liability for copyright infringement. The Court found that there is no liability for information found in caches. An ISP's liability depends on whether it limits itself to "a conduit" or a content-neutral function and is not dependent on where the ISP is located.
==Background==
In 1995 the Society of Composers, Authors, and Music Publishers of Canada ("SOCAN") applied for a royalty tariff to the Copyright Board of Canada that would allow them to collect royalties for copyrighted materials transferred over the internet. In rebuttal, the Canadian Association of Internet Providers (CAIP) claimed that they served only as intermediaries and could not be held liable.
In 2002, the Federal Court of Appeal held that an ISP could rely on the "intermediary exception" found in section 2.4(1)(b) that absolved carriers who only pass information through their system from liability. However, this exception did not apply for caching of information as doing so was considered more than just relaying information. Thus an ISP who refuses to remove copyrighted material from its servers after given reasonable opportunity to do so could be held liable. Lastly, the Court of Appeal found that the tariff should not be limited to material originating from Canada alone.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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