Microsoft Corp v Business Boost Pty Ltd [2000] FCA 1651

Microsoft Corp v Business Boost Pty Ltd [2000] FCA 1651

Reproducing Microsoft computer programs onto a computer's hard drive or into the computer's RAM without authorisation amounts to infringing the copyright owner's exclusive right to reproduce the work in material form under s 10 of the Copyright Act 1968, and the fourth respondent as the controlling mind of the third respondent can be liable for authorising such infringement.

Jurisdiction
Australia
Judgment Date
17 November 2000
Procedural Posture
Intellectual Property Infringement (copyright, Trade Marks, Trade Practices) / Final Hearing on Liability as Against Fourth Respondent; Quantum to Be Determined Separately
Outcome
The applicants succeeded on liability against the fourth respondent for copyright infringement (reproduction in hard drive and RAM), trade mark infringement, and contravention of s 52 Trade Practices Act 1974. Quantum to be determined separately.
Legal Topics
['copyright Infringement' 'computer Programs' 'material Form' 'random Access Memory (ram)' 'hard Disk Storage' 'trade Mark Infringement' 'authorisation of Infringement' 'misleading or Deceptive Conduct']
['intellectual Property' 'trade Practices'] ['copyright Infringement' 'computer Programs' 'material Form' 'random Access Memory (ram)' 'hard Disk Storage' 'trade Mark Infringement' 'authorisation of Infringement' 'misleading or Deceptive Conduct']

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Procedural Posture

Intellectual Property Infringement (copyright, Trade Marks, Trade Practices) / Final Hearing on Liability as Against Fourth Respondent; Quantum to Be Determined Separately

Legal Issues

  1. 1 ["Whether reproducing computer programs onto a computer's hard drive or into RAM infringes copyright in the original program under the Copyright Act 1968" "Whether the definition of 'material form' includes storage in RAM for the purposes of copyright infringement" 'Whether the fourth respondent authorised and was liable for the infringements by the third respondent' 'Whether the fourth respondent infringed trade marks and contravened s 52 of the Trade Practices Act 1974']

Ratio Decidendi

Reproducing Microsoft computer programs onto a computer's hard drive or into the computer's RAM without authorisation amounts to infringing the copyright owner's exclusive right to reproduce the work in material form under s 10 of the Copyright Act 1968, and the fourth respondent as the controlling mind of the third respondent can be liable for authorising such infringement.

Court Disposition

The applicants succeeded on liability against the fourth respondent for copyright infringement (reproduction in hard drive and RAM), trade mark infringement, and contravention of s 52 Trade Practices Act 1974. Quantum to be determined separately.

Orders

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