National Futrax Pty Ltd v Share Trend Software Pty Ltd & Ors [1996] FCA 239

National Futrax Pty Ltd v Share Trend Software Pty Ltd & Ors [1996] FCA 239

The Court accepted that Mr French was the author of the program and that the program marketed by Share Trend Software Pty Ltd was a copy of it. The respondents did not establish that Exhibit 5 had been tampered with or that Exhibit 6 was materially different; the evidence, including expert evidence and the ability...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 April 1996
Procedural Posture
Copyright Infringement Proceedings Concerning a Computer Software Program / Separate Determination Under O29 R2 of Ownership of Copyright in Computer Program Xs401; Reasons for Judgment After Hearing; Further Hearing Adjourned
Outcome
Separate ownership question answered in favour of the applicant, subject to clarification of subsistence of copyright; further hearing adjourned.
Legal Topics
['copyright Infringement' 'computer Software Program' 'authorship' 'ownership of Copyright' 'source Code' 'separate Question']
['copyright' 'intellectual Property'] ['copyright Infringement' 'computer Software Program' 'authorship' 'ownership of Copyright' 'source Code' 'separate Question']

Source-derived case record

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Procedural Posture

Copyright Infringement Proceedings Concerning a Computer Software Program / Separate Determination Under O29 R2 of Ownership of Copyright in Computer Program Xs401; Reasons for Judgment After Hearing; Further Hearing Adjourned

Legal Issues

  1. 1 ['Whether the applicant, the first respondent, or the second respondent was the owner of copyright in the computer program marketed as XS401.' "Whether the Share Trend or Share Trend-V2 program was a copy of the applicant's XS401 program." 'Whether Mr Colin French or another person was the author of the program.' "Whether the respondents' allegations that the Share Trend exhibit had been tampered with or that there was a materially different Share Trend program were established."]

Ratio Decidendi

The Court accepted that Mr French was the author of the program and that the program marketed by Share Trend Software Pty Ltd was a copy of it. The respondents did not establish that Exhibit 5 had been tampered with or that Exhibit 6 was materially different; the evidence, including expert evidence and the ability to install Share Trend catalogue files into XS401, showed substantial identity. Mr Szatmary's account of acquiring the program was unsupported and unreliable. The separate ownership question was answered in favour of the applicant, subject to clarification of the basis for subsistence of copyright.

Court Disposition

Separate ownership question answered in favour of the applicant, subject to clarification of subsistence of copyright; further hearing adjourned.

Orders

  • ['Further hearing of the matter be adjourned.']