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ARTICLE · 21 OCTOBER 2016

Microsoft Enforces Software Copyright Against Recidivist Copier: Microsoft v. Liu

In Microsoft v Liu, Justice Boswell of the Federal Court determined that Mr. Liu had infringed Microsoft's copyright in several programs and awarded Microsoft both statutory damages and exemplary and punitive damages.

CanadaIntellectual Property

In Microsoft v Liu, Justice Boswell of the Federal Court determined that Mr. Liu had infringed Microsoft's copyright in several programs and awarded Microsoft both statutory damages and exemplary and punitive damages.

Liu was the owner of a computer store. Microsoft had previously pursued Liu for copyright infringement. Twice, the parties reached settlements, and Liu was enjoined from further infringement.

Infringement

In 2013, a private investigator hired by Microsoft purchased a computer from Liu. Installed on the computer were unlicensed copies of a Microsoft Windows operating system and four Microsoft Office applications. In 2015, the private investigator purchased a second computer from Liu's store. At that time, a salesman used a hard drive provided by Liu to load unlicensed copies of Microsoft software on the computer.

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