T R Flanagan Smash Repairs Pty Ltd v Jones [2000] FCA 625

FEDERAL COURT OF AUSTRALIA T R Flanagan Smash Repairs Pty Ltd v Jones [2000] FCA 625 COPYRIGHT – literary work – compilation – whether copyright can subsist in information contained in a motor vehicle database and motor vehicle parts database – where a substantial portion of the information contained was available in the public domain – whether the compilation involved sufficient skill, judgment and labour in the selection of descriptions and codes for each vehicle/vehicle part – where the codes were often based upon simple acronyms or shorthand abbreviations - where there was previously a diversity of terminology used for each part within the industry – where the compilation included development of a 'crash sequence' which provided a checklist for parts damaged in a collision – where the information was updated at regular intervals – whether copyright subsisted in information which could be added to, deleted or altered by the customer – whether there is merit or ingenuity in the selection or compilation TRADE PRACTICES – Fair Trading Act 1987 (NSW) s 42 – whether advertisement for respondent's computer program contained representations which were likely to mislead or deceive – whether the representation implied a connection that did not exist - whether the representations were an exaggeration or distortion of the facts Copyright Act 1968 (Cth) Fair Trading Act 1987 (NSW) ss42, 65 Data Access Corporation v Powerflex Services Pty Ltd (1999) 45 IPR 353cited Victoria Park Racing and Recreation Grounds Co Ltd v Taylor (1937) 58 CLR 479 cited Apple Computer Inc v Computer Edge Pty Ltd (1994) 53 ALR 225 applied Collis v Cater, Stoffell, & Fortt Ltd (1898) 78 LT 613 referred to Waterlow Directories Ltd v Reed Information Services Ltd [1992] FSR 409 referred to University of London Press Ltd v University Tutorial Press Ltd [1916] 2 Ch 601 referred to Kalamazoo (Aust) Pty Ltd v Compact Business Systems Pty Ltd (1985) 5 IPR 213 referred to Ladbroke (Football) Ltd v William Hill (Football) Ltd [1964] 1 WLR 273 referred to Express Newspapers PLC v Liverpool Daily Post & Echo PLC [1985] 1 WLR 1089 referred to Harpur v Lambourne (1999) 45 IPR 213 cited Independent Television Publications Ltd v Time Out Ltd [1984] FSR 64 referred to Olympic Amusements Pty Ltd v Milwell Pty Ltd (1998) 81 FCR 403; upheld on appeal (1999) 85 FCR 436 referred to Autocaps (Aust) Pty Ltd v Pro-Kit Pty Ltd (1999) AIPC 91-516 cited A-One Accessory Imports Pty Ltd v Off Road Imports Pty Ltd (1996) 65 FCR 478 cited Acohs Pty Ltd v R A Bashford Consulting Pty Ltd (1997) 144 ALR 528 applied Ibcos Computers Ltd v Barclays Mercantile Highland Finance Ltd (1994) 21 FSR 275 cited T R FLANAGAN SMASH REPAIRS PTY LTD & ANOR v BRUCE JONES N 993 OF 1999 HELY J 16 MAY 2000 SYDNEY