Monday, May 04, 2009

Microsoft Scores Large Damages Award against PC Village et al

Microsoft has just been awarded $250,000 by the Federal Court for the sale of two computers sold with 15 unauthorized copies of Microsoft programs. This includes statutory damage awards of $10,000 for each infringing copy - which is what Microsoft apparently asked for - plus $50,000 in punitive or exemplary damages plus $50,000 in costs. The awards are against some companies and two specific individual employees. Even if the companies are judgment proof, the judgment is enforceable against the individuals and includes injunctive relief.

Although this was a default judgment, it carefully sets out the reasoning process and reviews the applicable case law on statutory damages. It is interesting that these actions were initially defended by a prominent IP firm.

Canada's copyright laws do have teeth when enforcement is clearly warranted and when the plaintiff is prepared to take the necessary steps to go through the judicial process.

Here's the judgment in Microsoft v. PC Village et al.


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