AFD Software Ltd v DCML Ltd [2016] EWCA Civ 425 (08 March 2016)

AFD Software Ltd v DCML Ltd [2016] EWCA Civ 425 (08 March 2016)

The judge found that the defendants had honestly and accurately described their intended use of the software, and the claimants failed to prove any breach of contract or copyright. The findings of fact were open to the judge and there was no reasonable prospect of success on appeal.

Citation
[2016] EWCA Civ 425
Parties
Appellant: AFD Software Limited; Respondent: DCML Limited
Jurisdiction
England and Wales
Judgment Date
08 March 2016
Procedural Posture
Application for Permission to Appeal / Court of Appeal, Post Trial
Outcome
permission to appeal refused
Legal Topics
Software Licensing, Interpretation of Contract, Copyright Infringement
Contract Law Intellectual Property Software Licensing Interpretation of Contract Copyright Infringement

Case Brief

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Parties

AFD Software Limited

Appellant

DCML Limited

Respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal, Post Trial

Legal Issues

  1. 1 Whether the defendants' use of the software was within the scope of the licence agreement
  2. 2 Whether the claimants were misled regarding the extent of use
  3. 3 Whether there was a breach of copyright or contract

Ratio Decidendi

The judge found that the defendants had honestly and accurately described their intended use of the software, and the claimants failed to prove any breach of contract or copyright. The findings of fact were open to the judge and there was no reasonable prospect of success on appeal.

Court Disposition

permission to appeal refused

Orders

  • application refused