Federal Court of Australia
JUDGMENT No. bla 21.
CATCHWORDS Interlocutory injunctions - questions of prima facie case, discretion and balance of convenience - whether granting of
interlocutory relief would be likely to put respondent out of
business.
Copyright - computer operating systems programme fixed in ROM - applicant's ROM used by respondents in prototype microcomputer used for testing by respondents and potential purchaser - whether ROM being distributed for the purpose of "trade".
Copyright Act 1968, 3s. 38
Copyright - disassembly of machine or object code fixed in ROM chip - copyright in code and chip owned by applicant - preparation by respondents of programme designed for similar purpose ~- inclusion in draft programme written in assembler code of so much of programme as provided for procedure known as floating point routine - whether this part of programme reproduction of substantial part of applicants programme - whether sufficient evidence that respondents intended to use that part of the programme in the programme ultimately to be compiled
by them.
Copyright Act 1968, ss. 14, 36
Trade practices (consumer protection) - applicant and respondents
nominated as suppliers of microcomputers for use in Western
Australian schools - evidence that respondents product unlikely to be read in time to be delivered in accordance with contract - whether evidence that respondent engaging in misleading and
deceptive conduct.
Trade Practices Act 1974, s. 52
BARSON COMPUTERS AUSTRALASIA LIMITED v. SOUTHERN TECHNOLOGY PTY LIMITED and EDMUND ROMAN JURKIEWICZ No. W.A. G1l06 of 1987
Coram: Sheppard J. Date : 22 October 1987
Place: Sydney
on
+
IN_THE FED OURT OF AUSTRALTA
) ) AUSTRALIAN DIS REGISTRY ) No. W.A.G106 of 1987 ) )
GENERAL DIVISION
BETWEEN : BARSON COMPUTERS AUSTRALASTA LIMITED
Applicant AND:
SOUTHERN TECHNOLOGY PTY LIMITED and EDMUND ROMAN JURKIEWICZ
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