Centrestage Management Pty Ltd v Riedle [2008] FCA 938

Centrestage Management Pty Ltd v Riedle [2008] FCA 938

There is no standard implied term that a contract for the supply of a computer program carries a right to access the source code. The appellant was not an employer, and the respondent was not contractually obligated to deliver up the source code. Statutory provisions under the Copyright Act (ss 47D and 47E) obviate any necessity to imply such a term, as necessary access may be statutorily obtained for correction or interoperability. The appeal fails.

Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrates Court
Outcome
Appeal dismissed, with costs ordered against the appellant.
Legal Topics
['computer Programs' 'implied Licence' 'implied Terms' 'employee Vs Independent Contractor' 'access to Source Code']
['copyright' 'contract'] ['computer Programs' 'implied Licence' 'implied Terms' 'employee Vs Independent Contractor' 'access to Source Code']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrates Court

Legal Issues

  1. 1 ['Whether the respondent was an independent contractor or employee' 'Whether there was an implied term that the appellant was entitled to delivery up of the source code' 'Whether there is an implied licence to use the program with a right to access the source code' 'Standing to claim delivery of source code if copyright not held by appellant']

Ratio Decidendi

There is no standard implied term that a contract for the supply of a computer program carries a right to access the source code. The appellant was not an employer, and the respondent was not contractually obligated to deliver up the source code. Statutory provisions under the Copyright Act (ss 47D and 47E) obviate any necessity to imply such a term, as necessary access may be statutorily obtained for correction or interoperability. The appeal fails.

Court Disposition

Appeal dismissed, with costs ordered against the appellant.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs of the appeal."]