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Leading Internet Case Law

COPYRIGHT: Trader v. CarGurus

Superior Court of Justice, Ontario (2017 ONSC 1841 (CanLII), 6 April 2017

CarGurus utilised webcrawler technology to find and index vehicle listings on its website, which drew a complaint from Trader, the operator of a digital marketplace where users can list vehicles for sale; Trader claimed copyright in the contents of its websites and in the vehicle photos on such websites. In the ensuing case, CarGurus relied upon in defence inter alia a new exemption in the Canadian Copyright Act for providers of an ‘information location tool,’ making this the first case in Canada to judicially consider this defence.

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