Apple Computer Inc. & Anor v. Computer Edge Pty Ltd & Anor [1984] FCA 137

Apple Computer Inc. & Anor v. Computer Edge Pty Ltd & Anor [1984] FCA 137

Computer programs expressed in source code (6502 Assembly Language) are original literary works in which copyright subsists. The object code forms, as embodied in the ROMs and EPROMs, are 'adaptations' (translations) of those literary works. The respondents' importation and sale of computers containing ROMs/EPROMs that are reproductions of these object codes, without licence and with requisite knowledge, infringe copyright under ss.37 and 38 of the Copyright Act. Additionally, the supply of Apple II manuals with Wombat computers constitutes misleading or deceptive conduct and a false representation of approval or sponsorship under s.52 and s.53(c) of the Trade Practices Act 1974.

Parties
First Appellant: Apple Computer Inc.; Second Appellant: Apple Computer Australia Pty. Limited; First Respondent: Computer Edge Pty. Limited; Second Respondent: Michael Suss
Jurisdiction
Australia
Judgment Date
29 May 1984
Procedural Posture
Appeal / Judgment on Appeal From a Single Judge of the Federal Court
Legal Topics
Copyright in Computer Programs, Originality of Literary Works, Adaptations and Translations Under Copyright, Infringement by Importation and Sale, Trade Practices Act Misleading or Deceptive Conduct, False Representations of Sponsorship or Approval
Copyright Law Trade Practices/consumer Law Copyright in Computer Programs Originality of Literary Works Adaptations and Translations Under Copyright Infringement by Importation and Sale Trade Practices Act Misleading or Deceptive Conduct False Representations of Sponsorship or Approval

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Parties

Apple Computer Inc.

First Appellant

Apple Computer Australia Pty. Limited

Second Appellant

Computer Edge Pty. Limited

First Respondent

Michael Suss

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From a Single Judge of the Federal Court

Legal Issues

  1. 1 Whether computer programs (in source code/object code) are 'literary works' under the Copyright Act 1968;
  2. 2 Whether reproduction and importation of ROMs/EPROMs containing object code infringes copyright;
  3. 3 Whether supply of manuals and representations as to compatibility constitute misleading or deceptive conduct or false representation as to sponsorship/approval under the Trade Practices Act 1974;

Ratio Decidendi

Computer programs expressed in source code (6502 Assembly Language) are original literary works in which copyright subsists. The object code forms, as embodied in the ROMs and EPROMs, are 'adaptations' (translations) of those literary works. The respondents' importation and sale of computers containing ROMs/EPROMs that are reproductions of these object codes, without licence and with requisite knowledge, infringe copyright under ss.37 and 38 of the Copyright Act. Additionally, the supply of Apple II manuals with Wombat computers constitutes misleading or deceptive conduct and a false representation of approval or sponsorship under s.52 and s.53(c) of the Trade Practices Act 1974.