Powerflex Services Pty Ltd v Data Access Corporation [1997] FCA 490

CATCHWORDS COPYRIGHT - whether either individually or collectively certain commands for use in a computer program themselves constitute a "computer program" within the meaning of s 10 of the Copyright Act 1968 (Cth) such that use of them as commands in another computer program would constitute an infringement. Copyright Act 1968 (Cth), s10 United States Code, s102(b) Computer Edge Pty Ltd v Apple Computer, Inc (1986) 161 CLR 171, considered Apple Computer Inc v Computer Edge Pty Ltd (1983) 50 ALR 581, applied Autodesk Inc v Dyason (1992) 173 CLR 330, referred to Lotus Development Corporation v Borland International Inc (1995) 33 IPR 233, considered Baker v Selden (1880) 101 US 99, considered Lotus Development Corporation v Paperback Software International (1990) 18 IPR 1, referred to Nichols v Universal Pictures Corp 45 F 2d 119, considered Zeccola v Universal City Studios Inc (1983) 67 FLR 225, distinguished Scott v Stanford (1867) LR 3 Eq 718, distinguished Australasian Performing Right Association Limited v Jain (1990) 18 IPR 663, applied POWERFLEX SERVICES PTY LTD v DATA ACCESS CORPORATION VG 295 of 1996 BLACK CJ, HILL & SUNDBERG JJ MELBOURNE 4 JUNE 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No VG 295 of 1996 ) GENERAL DIVISION ) ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: POWERFLEX SERVICES PTY LTD First Appellant POWERFLEX CORPORATION PTY LTD Second Appellant DAVID MEREDITH BENNETT Third Appellant MARGARET ANN BENNETT Fourth Appellant DEMILEIGH PTY LTD Fifth Appellant (First, Second, Third, Fourth and Fifth Cross-Respondents) AND: DATA ACCESS CORPORATION Respondent (Cross-Appellant) CORAM: BLACK CJ, HILL & SUNDBERG JJ PLACE: MELBOURNE DATED: 4 JUNE 1997 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be allowed in part. 2. The orders of the primary judge be set aside and in lieu thereof it be ordered: (i) that each of the appellants, other than the fourth appellant, be restrained from reproducing in a material form or making an adaptation of the Dataflex Huffman compression table, or a substantial part of that table, in either of the computer programs known as Powerflex or PFXplus, or an adaptation of those programs.