Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49

Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49

Individual command words in a computer language (Reserved Words) are not themselves computer programs for the purposes of the Copyright Act 1968 (Cth) s 10(1); nor does their collocation form a substantial part of a literary work protected by copyright. No copyright subsists in the Reserved Words or their compilation. The Macros, even if protectable as separate programs, were not adapted or reproduced. The Dataflex Huffman compression table qualifies as an original literary work, and the reproduction of its structure by reverse-engineering (examining program output) constituted infringement.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia Judgment After Full Federal Court Decision; Disposition of Appeal and Cross Appeal
Outcome
Appeal dismissed with costs; cross-appeal (special leave granted) dismissed with costs; costs set off.
Legal Topics
['copyright' 'computer Software' 'subsistence of Copyright' 'infringement' 'substantial Part' 'adaptation' 'compilations']
['intellectual Property Law'] ['copyright' 'computer Software' 'subsistence of Copyright' 'infringement' 'substantial Part' 'adaptation' 'compilations']

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Procedural Posture

Appeal / High Court of Australia Judgment After Full Federal Court Decision; Disposition of Appeal and Cross Appeal

Legal Issues

  1. 1 ['Whether copyright subsists in individual command words of a computer language as computer programs within s 10(1) Copyright Act 1968 (Cth)' 'Whether a collocation of reserved words forms a substantial part of a computer program or literary work' "Whether macro commands qualifying as 'programs' were adapted or copied" 'Whether a computer data table (the Dataflex Huffman compression table) is an original literary work' 'Whether reproducing the data table by examining output constitutes a reproduction under copyright law']

Ratio Decidendi

Individual command words in a computer language (Reserved Words) are not themselves computer programs for the purposes of the Copyright Act 1968 (Cth) s 10(1); nor does their collocation form a substantial part of a literary work protected by copyright. No copyright subsists in the Reserved Words or their compilation. The Macros, even if protectable as separate programs, were not adapted or reproduced. The Dataflex Huffman compression table qualifies as an original literary work, and the reproduction of its structure by reverse-engineering (examining program output) constituted infringement.

Court Disposition

Appeal dismissed with costs; cross-appeal (special leave granted) dismissed with costs; costs set off.

Orders

  • ['Appeal dismissed with costs.' 'Special leave to cross-appeal granted; cross-appeal dismissed with costs.' 'Costs of appeal and cross-appeal to be set off.']