Microsoft Corporation v Auschina Polaris Pty Ltd & Ors [1996] FCA 1069

Microsoft Corporation v Auschina Polaris Pty Ltd & Ors [1996] FCA 1069

Lagos, as the sole director directly controlling and executing all relevant activities of Palm Beach in importing and selling the counterfeit programs, is personally liable for the company's copyright infringement under the 'procured or directed' test supported by Australian authority. Damages to Microsoft are assessed as the wholesale market value (A$132,750) of the infringing copies at the time of importation, with no deduction for pre-importation expenses such as purchase or freight costs.

Jurisdiction
Australia
Judgment Date
06 December 1996
Procedural Posture
Copyright and Trade Mark Infringement Civil Suit / Post Hearing, Reasons for Judgment, Before Final Orders
Outcome
No final orders made at this stage; directions for future orders and submissions given. Liability established against Palm Beach Drive Pty Ltd and Steven Lagos; damages quantum determined.
Legal Topics
['copyright Infringement' 'damages Assessment' 'director Liability' 'trade Mark Infringement' 'conversion Damages']
['intellectual Property Law'] ['copyright Infringement' 'damages Assessment' 'director Liability' 'trade Mark Infringement' 'conversion Damages']

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Procedural Posture

Copyright and Trade Mark Infringement Civil Suit / Post Hearing, Reasons for Judgment, Before Final Orders

Legal Issues

  1. 1 ['Whether the company director (Lagos) is personally liable for copyright infringement committed by the company (Palm Beach)' 'Proper measure and quantification of damages (‘conversion damages’) under s 116 of Copyright Act 1968' 'Deductibility of infringing importer’s expenses in assessment of damages']

Ratio Decidendi

Lagos, as the sole director directly controlling and executing all relevant activities of Palm Beach in importing and selling the counterfeit programs, is personally liable for the company's copyright infringement under the 'procured or directed' test supported by Australian authority. Damages to Microsoft are assessed as the wholesale market value (A$132,750) of the infringing copies at the time of importation, with no deduction for pre-importation expenses such as purchase or freight costs.

Court Disposition

No final orders made at this stage; directions for future orders and submissions given. Liability established against Palm Beach Drive Pty Ltd and Steven Lagos; damages quantum determined.

Orders

  • ['Proceeding stood over for orders to be made on a future date.' 'Parties to submit agreed or disputed short minutes of order and written submissions.']