R. v.
Ram
citation(s):
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R. v.
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by Donald M Cameron, Aird & Berlis
The operation of a software rental business may constitute fraud.
Mr. Ram was charged by the R.C.M.P. in 1985 with fraud on the manufacturers of software which he was copying and providing to the public. Ram claimed that his business was to provide evaluation copies of programs.
Ram had stood trial twice on the charges before the Crown abandoned its case. The first trial resulted in a hung jury. The re-trial resulted in a conviction and a sentence for Ram of five months in jail. Ram appealed the conviction and the matter was sent back for re-trial on the basis that the jury selection process had been improper.
Due to the changes in 1988 to the Copyright Act and problems in obtaining witnesses for a third trial, the Crown Attorney elected to drop the charges against Ram.
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