Car websites “scraped” but only slightly dented

  • Canada
  • 04/18/2017
  • By Brian Gray and Claude Brunet

In Trader v CarGurus, 2017 ONSC 1841 (CanLII), the Ontario Court of Justice has opined on a number of points arising out of the 2012 copyright amendments introduced by the Copyright Modernization Act.

The interesting points in the decision concern

1. making a work available to the public

2. fair dealing

3. when is framing an infringement

4. when can a Web host claim to be an “information location provider” and

5. when and under what circumstances can statutory damages be reduced.

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