If you’ve ever shopped for a used car, you likely know the two popular services, autotrader.ca and CarGurus. In a decision released earlier this week in Trader v CarGurus, 2017 ONSC 1841, Trader (the owner and operator of autotrader.ca) was awarded statutory damages of $305,604 against CarCurus for infringements of its copyrights in photographs of vehicles. The decision written by Justice Conway of the Ontario Superior Court contains some important interpretations of the Copyright Act including in relation to the scope of the new making available right, the copyright defenses for information location tools and fair dealing, and the calculation … Continue Reading
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This blog houses our commentary on the impact of developing Internet, information technology and intellectual property laws, discusses recent technology news and relates insights derived from our experiences in the technology sector. The blog also shares best practices generated by our decrypted, user-friendly and accessible technology and IP team.