{"id":1607,"slug":"fca-2017-mls-compilation-lacks-originality-obiter","title":"FCA 2017 (2017 FCA 236) — in *obiter*, endorsed Tribunal's conclusion that the TREB MLS compilation lacked the originality (skill/judgment/labour) for copyright; TREB \"had not put forward persuasive evidence\"","kind":"reference","scope":"business","status":"current","audiences":["kevin","candid-team"],"topics":["mls-data-licensing","competition-law-canada"],"reference_body":"**Claim.** In *obiter*, the Federal Court of Appeal in 2017 FCA 236 endorsed the Tribunal's conclusion that the TREB MLS compilation lacked the originality (skill/judgment/labour) required for copyright protection. TREB \"had not put forward persuasive evidence.\"\n\n**Quote.**\n> \"Had not put forward persuasive evidence.\"\n\n**Source.** 2017 FCA 236; grllp.com; pckip.com analysis, accessed 2026-06-21.\n\n**Confidence.** Verified that the obiter was made; the *finality* of that obiter is the contested point — see [[ims-v-trreb-2023-fca-70-copyright-revived]].\n\n**Caveats.** *Obiter dicta* is non-binding. The 2023 FCA 70 outcome makes clear the prior obiter did NOT finally decide the originality of the (different/updated) MLS work that came after. **Do not treat the 2017 obiter as a settled \"MLS is copyright-free\" precedent.**\n\n**Implication / use.** The single most consequential — and most contested — point for any would-be builder. Anchors [[rule-mls-copyright-is-live-not-settled-since-2023-fca-70]].","rationale_body":null,"metadata":null,"links":{"outgoing":[{"slug":"research-brief-mls-data-inside-the-box-ontario-june-2026","title":"Research notes (capture-layer): inside the MLS box — what an Ontario member agent's account exposes, what goes unused, and what they're licensed to do with it (June 2026)","kind":"research-notes","scope":"business","link_type":"depends-on"},{"slug":"competition-bureau-v-treb-2011-2018-saga-timeline","title":"Commissioner of Competition v. Toronto Real Estate Board (2011-2018) — full 7-year timeline; SCC denied TREB's final leave Aug 23 2018","kind":"reference","scope":"business","link_type":"relates-to"}],"incoming":[{"slug":"research-brief-mls-data-inside-the-box-ontario-june-2026","title":"Research notes (capture-layer): inside the MLS box — what an Ontario member agent's account exposes, what goes unused, and what they're licensed to do with it (June 2026)","kind":"research-notes","scope":"business","link_type":"relates-to"},{"slug":"rule-mls-copyright-is-live-not-settled-since-2023-fca-70","title":"Rule: treat MLS copyright as LIVE, not settled. 2017 FCA originality obiter was revived by 2023 FCA 70 (IMS v. TRREB)","kind":"rule","scope":"business","link_type":"depends-on"},{"slug":"caveats-mls-data-inside-the-box-untested-clauses-and-self-reported-metrics","title":"Caveats: MLS-data inside-the-box brief (June 2026) — untested clauses, self-reported metrics, contested copyright status","kind":"reference","scope":"business","link_type":"relates-to"},{"slug":"ims-v-trreb-2023-fca-70-copyright-revived","title":"IMS v. TRREB (2023 FCA 70) — FCA allowed TRREB's copyright claims to proceed; prior 2017 obiter did NOT finally decide originality of *this* (different/updated) MLS work; **copyright is live again, not settled**","kind":"reference","scope":"business","link_type":"relates-to"}]},"created_at":"2026-06-21T10:51:32.801Z","updated_at":"2026-06-21T10:51:32.801Z"}