In Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196 the BCSC heard allegations by Century 21 that Roger’s subsidiary Zoocasa improperly scraped content from Century 21′s online real estate listings. The Judge:

1. held that the Terms of Use was enforceable and was breached;

2. awarded statutory damages for copyright infringement for the individual plaintiffs, and

3. dismissed the claim for trespass against chattels on the basis that only Century 21’s hosting service had possessory interest in the servers hosting its website and they were not a party to the action.

The Supreme Court of Canada recently held that linking to someone else’s website does not
constitute defamation:  Crookes v. Newton, 2011 SCC 47 (CanLII).  In this case, former Green party campaign manager Wayne Crookes argued that merely posting links to sites with defamatory statements was the same as publishing the defamatory material; however, Newton’s website did not make any comment nor reproduce any of the disputed material.

The Internet Corporation for Assigned Names and Numbers (ICANN) has approved an adult rated top level domain .xxx for adult entertainment on the Internet.  It has signed an agreement with the ICM Registry to manage the .xxx domain level.

In the recent eHarmony decision, the Canadian Privacy Commissioner provided some insight into how web sites with accounts that contain personal information should handle the deactivation and deletion of accounts.  She wrote that:  "PIPEDA requires that organizations develop guidelines and procedures with respect to the retention of personal
information, as well as maximum and minimum retention periods.”  and that organizations should: