Hi all, this may come up in the News of the Week, but earlier last week the Federal Court granted damages on an ex parte motion for default judgement based on “Infringement Reports” generated by SmartFlow through their built-in antipiracy products. This article by Bereskin & Parr provides a good summary of the case (linked below), as well as some tentative issues with the Court’s (lack of) analysis of the evidence presented. I don’t know much about these types of programs, or whether they are increasing in popularity/use, but this seems like it could have significant implications moving forward.
Software-Generated “Infringement Report” Supports $262,931 in Remedies for Copyright Infringement