Barson Computers Australiasia Ltd v Southern Technology Pty Ltd & Anor [1987] FCA 613

Barson Computers Australiasia Ltd v Southern Technology Pty Ltd & Anor [1987] FCA 613

Barson established a sufficient prima facie copyright case for interlocutory relief: the Watford ROM was prima facie an infringement, the ACORN B.B.C. BASIC ROM was knowingly used in the prototype, use of the prototype for testing was incidental to distribution for trade, there was a reasonable apprehension of use in production models, and parts of the Squirrel BASIC program including the floating point routine were prima facie a reproduction or adaptation of a substantial part of the ACORN program with a sufficient threat of use. The Trade Practices Act interlocutory relief was refused at this stage because, although Barson had a strong prima facie case that Southern Technology might not...

Jurisdiction
Australia
Judgment Date
22 October 1987
Procedural Posture
Proceedings for Actual and Threatened Infringement of Copyright and Breaches of S. 52 of the Trade Practices Act 1974 / Application for Interlocutory Relief
Outcome
Interlocutory copyright injunctions granted; interlocutory relief based on the Trade Practices Act 1974 refused at this stage with liberty to apply; costs of the interlocutory application ordered to be costs in the principal application; procedural directions made.
Legal Topics
['interlocutory Injunctions' 'prima Facie Case' 'balance of Convenience' 'computer Operating Systems Program Fixed in Rom' 'distribution for the Purpose of Trade' 'reproduction or Adaptation of a Substantial Part of a Computer Program' 'misleading or Deceptive Conduct']
['copyright' 'trade Practices' 'consumer Protection' 'civil Procedure'] ['interlocutory Injunctions' 'prima Facie Case' 'balance of Convenience' 'computer Operating Systems Program Fixed in Rom' 'distribution for the Purpose of Trade' 'reproduction or Adaptation of a Substantial Part of a Computer Program' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Proceedings for Actual and Threatened Infringement of Copyright and Breaches of S. 52 of the Trade Practices Act 1974 / Application for Interlocutory Relief

Legal Issues

  1. 1 ['Whether interlocutory relief should restrain use of Watford DFS ROM and ACORN B.B.C. BASIC ROM in Squirrel prototype and production computers.' 'Whether use of the ROMs in the prototype amounted to distribution for the purpose of trade under s. 38 of the Copyright Act 1968.' 'Whether parts of the Squirrel BASIC program, including the floating point routine, were a reproduction or adaptation of a substantial part of the ACORN B.B.C. BASIC program and threatened to be used.' "Whether Southern Technology's representations that it would be able to deliver Squirrel computers by the required date were misleading or deceptive under s. 52 of the Trade Practices Act 1974." 'Whether an advertisement stating that the Squirrel runs software designed for Acorn Model B and Master series computers should be restrained.']

Ratio Decidendi

Barson established a sufficient prima facie copyright case for interlocutory relief: the Watford ROM was prima facie an infringement, the ACORN B.B.C. BASIC ROM was knowingly used in the prototype, use of the prototype for testing was incidental to distribution for trade, there was a reasonable apprehension of use in production models, and parts of the Squirrel BASIC program including the floating point routine were prima facie a reproduction or adaptation of a substantial part of the ACORN program with a sufficient threat of use. The Trade Practices Act interlocutory relief was refused at this stage because, although Barson had a strong prima facie case that Southern Technology might not...

Court Disposition

Interlocutory copyright injunctions granted; interlocutory relief based on the Trade Practices Act 1974 refused at this stage with liberty to apply; costs of the interlocutory application ordered to be costs in the principal application; procedural directions made.

Orders

  • ['The Court notes the undertaking as to damages filed on 1 October 1987 and renewed in Court by counsel for the applicant on 21 October 1987.' 'Until the hearing of these proceedings or until further order, the First Respondent, whether by itself, its Directors, servants or agents, or any of them or otherwise...