Dassault Systemes Solidworks Corporation c. Technologies Show Canada inc., 2025 QCCS 4429
2025-12-03
Read full decision. Summary prepared by Alan Macek:
Dassault is suing the defendant, Show Canada, for infringing its copyright in the SolidWorks software. It alleges that Show Canada unlawfully used a "cracked" or pirated version of its software for many years without having acquired the necessary licenses. ... On September 19, 2022, Show Canada pleaded guilty to the offence under section 42(2.1)(a) of the Copyright Act. As a penalty, it was fined $50,000 and ordered to pay $50,000 in damages to Dassault. ... Show Canada infringed Dassault's copyright and circumvented a technical protection measure designed to prevent the unauthorized use of SolidWorks software. Dassault is therefore entitled to the remedies provided for in the Copyright Act. ... a "cracked" version of SolidWorks software was installed on 44 Show Canada computers. ... Dassault's probable lost profit corresponds to the amount it would have received from a reseller had Show Canada purchased licenses ... In accordance with subsection 43.1(1) of the Copyright Act, any claim based on unlawful use of SolidWorks software reported to Dassault by the PHT device before June 21, 2016 is in principle time-barred. ... The Tribunal accepts that the use of a percentage based on revenues from SolidWorks projects is an appropriate method for allocating a share of the fixed and semi-variable costs to those projects in order to calculate the profits they generated for Show Canada. ... However, the evidence does not allow for the dissociation, among these profits, of the portion that should be attributed to the use of SolidWorks as opposed to those realized without this software. ... Show Canada will therefore have to return to Dassault the full amount of its profits made through the illicit use of SolidWorks, namely $1,470,387.