|Industry observers are divided on the role a future decision in the little-known Earth Future Lottery case, to be argued before the Supreme Court of Canada March 11, will have on a potential leave to appeal the Tariff 22 decision. The Earth Future case appears to deal extensively with Internet jurisdictional issues, one of the sharpest arrows in the ISPs’ quiver in asking to have certain aspects of the Federal Court of Appeal’s Tariff 22 decision reversed (CNM, Oct. 30/02; Aug. 21/02). Though the weight of opinion holds that the cases are dissimilar, there appears to be a slim possibility that the court could lay down new principles in dealing with Internet jurisdiction, which would render an appeal on that basis by ISPs unnecessary.
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