Autodesk Inc & Ors v Yee, Michael & Anor [1996] FCA 812

Autodesk Inc & Ors v Yee, Michael & Anor [1996] FCA 812

In the absence of a legitimate market for unauthorized copies, and given the statutory fiction in s.116(1) only confers ownership for conversion remedies, damages should be assessed by the actual price at which the infringing disks were sold ($130 each), not by the price of legitimate licensed disks. Attribution of fictional value is not required by the statutory fiction.

Jurisdiction
Australia
Judgment Date
13 September 1996
Procedural Posture
Copyright Infringement Action / Separate Determination of Damages Under S.116(1), Copyright Act 1968
Outcome
Applicants entitled to conversion damages equal to the actual sale price: $23,530. Directed to bring in short minutes of orders.
Legal Topics
['copyright Infringement' 'conversion Damages' 'statutory Interpretation']
['intellectual Property' 'copyright'] ['copyright Infringement' 'conversion Damages' 'statutory Interpretation']

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Procedural Posture

Copyright Infringement Action / Separate Determination of Damages Under S.116(1), Copyright Act 1968

Legal Issues

  1. 1 ['How damages for conversion under s.116(1) of the Copyright Act 1968 should be measured for infringing computer software – whether by the price obtained for illegal copies or by the price of legitimate licensed copies.']

Ratio Decidendi

In the absence of a legitimate market for unauthorized copies, and given the statutory fiction in s.116(1) only confers ownership for conversion remedies, damages should be assessed by the actual price at which the infringing disks were sold ($130 each), not by the price of legitimate licensed disks. Attribution of fictional value is not required by the statutory fiction.

Court Disposition

Applicants entitled to conversion damages equal to the actual sale price: $23,530. Directed to bring in short minutes of orders.

Orders

  • ['Applicants to bring in, on a date to be fixed, short minutes of orders appropriate to be made in the light of these reasons.']