Two immediate differences leap out in comparison to the Access Copyright v. York U. litigation:
- There is no "interim tariff" in effect for Copibec. York is relying on the "interim tariff" from the Copyright Board, which AUCC and ACCC took no steps to have set aside when this might have been possible and perhaps quite feasible at the time back in January 2011.
- This is a proposed class action. The AC v York U litigation is not.