Federal Court

Civil Procedure

Defendant’s behaviour reprehensible, scandalous and outrageous

Plaintiffs, well-known United States companies and developers of popular software programs, claimed defendant infringed their copyright through unauthorized reproduction and sale of counterfeit copies of plaintiffs’ computer software products and reproduction of cover art used on software program packaging. Plaintiffs applied for summary judgment. Summary judgment appropriate since evidence of infringing conduct overwhelming, statement of defence has not substantive merit and, other than filing defence, defendant has not participated in action and did not appear for hearing of summary judgment motion. Defendant’s infringing conduct and his response to being held accountable for this conduct particularly egregious and requires clear deterrent message in form of declarations regarding subsistence of copyright, injunction to protect copyright, maximum statutory damages and punitive damages. Defendant’s behaviour reprehensible, scandalous and outrageous, also justifying costs on solicitor-client basis.

Adobe Systems Inc. v. Thompson (Oct. 18, 2012, F.C., Campbell J., File No. T-2055-11) 222 A.C.W.S. (3d) 228.

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