Microsoft Corp v D H D Distribution Pty Ltd [1999] FCA 1316

Microsoft Corp v D H D Distribution Pty Ltd [1999] FCA 1316

Microsoft Office 97 and Microsoft Windows 95 were literary works first published in the United States of America, and the Copyright (International Protection) Regulations applied the Copyright Act 1968 (Cth) to them in like manner as works first published in Australia. Each work bore references to Microsoft Corporation, including explicit assertions by Microsoft Corporation of copyright, which the Court held plainly referred to Microsoft Corporation as the person who issued or caused to be issued copies of the works as first published. Accordingly, Microsoft Corporation's name purported to be that of the publisher on copies of the works as first published, and the applicants were entitled...

Jurisdiction
Australia
Judgment Date
15 September 1999
Procedural Posture
Copyright Proceeding / Separate Question Determined Prior to All Other Issues in the Proceedings
Outcome
The separate question was answered in the affirmative, and the costs of the motion were ordered to be costs in the cause.
Legal Topics
['presumption of Subsistence and Ownership of Copyright' 'computer Programs as Literary Works' 'international Protection of Copyright' 'separate Determination of Question']
['copyright Law' 'intellectual Property' 'civil Procedure'] ['presumption of Subsistence and Ownership of Copyright' 'computer Programs as Literary Works' 'international Protection of Copyright' 'separate Determination of Question']

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Procedural Posture

Copyright Proceeding / Separate Question Determined Prior to All Other Issues in the Proceedings

Legal Issues

  1. 1 ['Whether the provisions of s 128 of the Copyright Act 1968 (Cth) apply to Microsoft Office 97 and Microsoft Windows 95 such that copyright is presumed to subsist and to be owned by the first applicant unless the contrary is established by the respondents.' 'Whether the name of Microsoft Corporation appearing on copies of the works as first published purports to be that of the publisher.']

Ratio Decidendi

Microsoft Office 97 and Microsoft Windows 95 were literary works first published in the United States of America, and the Copyright (International Protection) Regulations applied the Copyright Act 1968 (Cth) to them in like manner as works first published in Australia. Each work bore references to Microsoft Corporation, including explicit assertions by Microsoft Corporation of copyright, which the Court held plainly referred to Microsoft Corporation as the person who issued or caused to be issued copies of the works as first published. Accordingly, Microsoft Corporation's name purported to be that of the publisher on copies of the works as first published, and the applicants were entitled...

Court Disposition

The separate question was answered in the affirmative, and the costs of the motion were ordered to be costs in the cause.

Orders

  • ['The question ordered to be separately determined be answered in the affirmative.' "Costs of the applicant's motion for separate determination of a question be costs in the cause."]