real and substantial connection test

The Federal Court of Appeal released its reasons for decision in two judicial review applications from the Copyright Board’s decision released of April, 2009. Both JR applications were dismissed.

The decision contains several important copyright rulings. In particular:

• When an entity provides a service for use with its own designed and manufactured devices e.g., a satellite radio service and radio receiving set, and the use of the device with the service will necessarily result in automatic copying of the content by the user, the provider of the service (in this case XM and Sirius), can  be liable for the copying which occurs on the device under a theory of authorization.