Much Ado About Five Hundred Dollars: Why the SCC Should Overturn Rogers v Voltage
Bibliographic record
Abstract
The FCA’s decision in Rogers Communications Inc v Voltage Pictures, LLC, et al has dramatic policy implications, despite being only a decision regarding $500 in costs. Voltage Pictures sought the identities of alleged copyright infringers from Rogers by moving for a Norwich Order and was able to convince the FCA to compel Rogers to supply this information for free, by exploiting the “notice and notice” regime. The FCA’s decision in Voltage was legally suspect and should be overturned when the case is heard by the SCC. This paper will argue that SCC must overturn this decision. The case threatens to re-imagine Canada’s “notice and notice” regime, while putting Canadian internet users’ privacy in serious jeopardy. The FCA misinterpreted Canada’s “notice and notice” regime in reference to its interactions with Norwich Orders. This subjects ISPs to considerable liability and may open the floodgates for “copyright trolling.”
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.010 | 0.041 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.015 | 0.016 |
| Scholarly communication | 0.013 | 0.007 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.024 | 0.021 |
| Insufficient payload (model declined to judge) | 0.007 | 0.002 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".