Rogers et al to Copyright Board Too re Ringtones: We Want Our Money Back

Yesterday, I blogged about the lawsuit started by Rogers et al against SOCAN in the Federal Court to get their ringtones money back. It turns out that there’s been an ongoing parallel proceeding underway at the Copyright Board.

Here is the Rogers et al  Application dated August 1, 2012 to the Board to Vary the Board’s August 18, 2006 and June 29, 2012 Ringtones decisions.

Here is the Board’s Order dated August 10, 2012.

Here’s is SOCAN’s Response dated September 10, 2012

There are too many other documents to post at this time and the above documents present the flavour of the proceedings.

A number of important issues are raised such as the Board’s jurisdiction, res judicata, the impact of the new “making available” right, etc.

It remains to be seen how and when each of these two proceedings (the Court and the Board) will play out, and how and when they may impact on each other and what may happen later on in the Federal Court of Appeal.

With $15 million on the table, one can expect that this may take some time to determine. 

HPK