TICA Default Tenancy Control Pty Ltd v Datakatch Pty Ltd [2016] FCA 815

TICA Default Tenancy Control Pty Ltd v Datakatch Pty Ltd [2016] FCA 815

TICA failed to prove that the respondents copied the source code, database schema or data, and although some HTML stylesheet code was copied, TICA did not prove that the copied material was a substantial part of the TICA software. The copyright infringement claim therefore failed. TICA did establish that Mr Anthony Nounnis took TICA client usernames and passwords and that he and Mr Joshua used them to access TICA's website for Datakatch's purposes, giving rise to breach of confidence and injunctive relief; Mr Anthony Nounnis also breached s 183(1) of the Corporations Act 2001 (Cth). Datakatch was liable to be restrained because Mr Joshua's knowledge, as sole director, was attributable to it.

Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Copyright Infringement, Breach of Confidence, and Breach of Fiduciary and Related Duties Proceeding / Reasons for Judgment After Hearing; Parties Ordered to Bring in Short Minutes of Order
Outcome
Copyright infringement claim failed; breach of confidence claim succeeded in relation to usernames and passwords; claim against Mr Anthony Nounnis under s 183(1) of the Corporations Act 2001 (Cth) succeeded; claims against Mr Portelli and Datakatch International Pty Ltd dismissed; amendment application refused;...
Legal Topics
['copyright Infringement in Computer Software and HTML Code' 'ownership of Copyright in Computer Programs' 'breach of Confidence in Usernames and Passwords' 'use of Position and Information Under Corporations Act 2001 (cth) Ss 181(1), 182(1), 183(1)' 'circumstantial Proof of Copying' 'substantial Reproduction']
['copyright' 'equity' 'corporations Law' 'confidential Information'] ['copyright Infringement in Computer Software and HTML Code' 'ownership of Copyright in Computer Programs' 'breach of Confidence in Usernames and Passwords' 'use of Position and Information Under Corporations Act 2001 (cth) Ss 181(1), 182(1), 183(1)' 'circumstantial Proof of Copying' 'substantial Reproduction']

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Procedural Posture

Copyright Infringement, Breach of Confidence, and Breach of Fiduciary and Related Duties Proceeding / Reasons for Judgment After Hearing; Parties Ordered to Bring in Short Minutes of Order

Legal Issues

  1. 1 ['Whether the respondents copied the TICA system, including source code, database schema, HTML stylesheets or data.' "Whether any copying amounted to reproduction of a substantial part of TICA's copyright work under the Copyright Act 1968 (Cth)." 'Whether TICA owned copyright in the TICA software.' 'Whether the use of TICA client usernames and passwords breached obligations of confidence.' 'Whether Mr Joshua or Mr Anthony Nounnis breached duties under ss 181(1), 182(1) or 183(1) of the Corporations Act 2001 (Cth).' 'Whether Datakatch, Mr Portelli and Datakatch International Pty Ltd were liable.']

Ratio Decidendi

TICA failed to prove that the respondents copied the source code, database schema or data, and although some HTML stylesheet code was copied, TICA did not prove that the copied material was a substantial part of the TICA software. The copyright infringement claim therefore failed. TICA did establish that Mr Anthony Nounnis took TICA client usernames and passwords and that he and Mr Joshua used them to access TICA's website for Datakatch's purposes, giving rise to breach of confidence and injunctive relief; Mr Anthony Nounnis also breached s 183(1) of the Corporations Act 2001 (Cth). Datakatch was liable to be restrained because Mr Joshua's knowledge, as sole director, was attributable to it.

Court Disposition

Copyright infringement claim failed; breach of confidence claim succeeded in relation to usernames and passwords; claim against Mr Anthony Nounnis under s 183(1) of the Corporations Act 2001 (Cth) succeeded; claims against Mr Portelli and Datakatch International Pty Ltd dismissed; amendment application refused;...

Orders

  • ['The parties bring in orders giving effect to these reasons by Friday, 29 July 2016.' 'The matter be stood over for further directions on Tuesday, 9 August 2016 at 9.30am.']