[2017] 2 F.C.R. D-2
Copyright
Infringement
Damages
Application pursuant to Copyright Act, R.S.C., 1985, c. C-42, s. 34(4) requesting, inter alia, declaration that respondents infringed applicant’s copyright in nine computer programs; permanent injunction restraining respondents from infringing copyright; statutory, punitive damages for allegedly selling unlicensed copies of Microsoft programs in process known as “hard disk loading” — Respondent Andy Liu selling refurbished computer without appropriate program licenses to private investigator on October 24, 2013 — Investigator later obtaining second computer from respondent’s co-worker on February 3, 2015 — Co-worker installing unlicensed software from external hard drive handed to him by respondent — Whether respondent infringing applicant’s copyright in programs — Respondent clearly infringing applicant’s copyright in computer programs on October 24 — However, sale of unauthorized software on February 3 by co-worker not as straightforward — Nature, extent of relationship between respondent, co-worker not clear — Question whether respondent also violating applicant’s copyright on February 3 — Respondent, unlike wo-worker, not actually engaging in infringing actions in February transaction — Merely providing equipment used to infringe copyright not engaging liability or responsibility for any subsequent violation of copyright that might occur when equipment used by someone else to infringe copyrighted work — External hard drive handed to co-worker by respondent on February 3 akin to self-service photocopiers made available to patrons of library in CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13, [2004] 1 S.C.R. 339 — Evidence such that respondent not authorizing or engaging in infringing activities on February 3 — Damages awarded to applicant for October 24 violation — Application allowed in part.
Microsoft Corporation v. Liu (T-797-15, 2016 FC 950, Boswell J., judgment dated August 19, 2016, 26 pp.)