Microsoft Corp & Anor v Atifo Pty Ltd & Ors [1997] FCA 679

Given the inferential and partly conjectural nature of the evidence, damages are assessed using a reasonable estimation by reference to sales and lost licence fees, and further additional damages are justified due to the respondents’ flagrant and deliberate infringement, including their failure to comply with court orders and tampering with records.

Jurisdiction: Australia
Judgment Date: 29 July 1997
Procedural Posture: Copyright Infringement / Assessment of Damages After Liability Judgment
Outcome: Judgment for the applicants. Damages and costs ordered against respondents.
Legal Topics: ['copyright Infringement' 'damages' 'quantification of Damages' 'additional Damages' 'flagrant Conduct']

['intellectual Property' 'copyright'] ['copyright Infringement' 'damages' 'quantification of Damages' 'additional Damages' 'flagrant Conduct']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Legal Issues

1 ['How should damages for copyright infringement be assessed in the circumstances?' 'Whether additional damages under section 115(4) of the Copyright Act 1968 (Cth) should be awarded for flagrant infringement?']

Ratio Decidendi

Court Disposition

Judgment for the applicants. Damages and costs ordered against respondents.

Orders

['The respondents pay to the first applicant damages in an amount of $44,000.' "The respondents pay the applicants' costs."]