Rule: the agent-permissioned (Redatum) seam survived only an injunction — no court has ruled it lawful. Boards actively terminate feeds. Treat as exposed, build resilience

Rule. The "the data comes from our clients, who are TRREB members" defence (Redatum) survived an interlocutory injunction only — no court has ruled the model lawful on the merits. Boards actively terminate feeds they deem non-compliant. Treat agent-permissioned access as legally exposed and build commercial resilience into any product model relying on it.

Why. TRREB v. RE Stats Inc. (Redatum) 2021 FC 30 — Federal Court denied TRREB's interlocutory injunction; data "comes from its clients, which are TRREB members"; copyright question left for trial — injunction-denied, copyright question left for trial. Ojohome Canada Ltd. v. CREA / TRREB (2025, Ont. Sup. Ct.) — TRREB terminated IDX access Oct 2024; CREA restricted DDF Dec 2024; site cut from ~54,000 to ~11,500 listings; injunction to restore access denied — boards/CREA actively police feed eligibility (Ojohome cut from ~54,000 to ~11,500 listings).

How to apply. If building on agent-permissioned access: (1) document the consent chain explicitly per member; (2) plan a commercial model that survives a board terminating eligibility for some/all of the participating members; (3) get counsel sign-off on the chain before scaling; (4) do not market the model as "settled" — it is not.