In my first post on the Access Copyright suit against Staples/The Business Depot, I noted that I had not seen the statement of claim and therefore could not comment fully on the case.  I have now seen the claim and remain puzzled that Access Copyright is bringing this lawsuit.  From a legal perspective, it looks like an almost sure loser – the Supreme Court of Canada ruled on many of these same issues only three years ago and sided strongly against the publishers (who in this case are effectively represented by Access Copyright).

Access Copyright claims that there is both direct and authorized copyright infringement and that it needs both injunctive relief (it would like to shut down Staples/The Business Depot photocopying business) and punitive damages to account for the fact that "the actions of Business Depot have been high-handed, reckless and in blatant disregard of the copyright interests of Access Copyright."  So how, according to Access Copyright, has Staples/The Business Depot infringed copyright?

Read more ›