Autodesk Inc & Ors v Ginos Engineers Pty Ltd

Link copied
Case Copied 74 min read

FEDERAL MAGISTRATES COURT OF AUSTRALIA

AUTODESK INC & ORS v GINOS ENGINEERS PTY LTD & ANOR [2009] FMCA 14
COPYRIGHT – Reproduction of whole or substantial parts of software without licenses and infringement of copyright in contravention of s.36 of the Copyright Act 1968 (Cth) – breaches admitted – liability for infringement – quantum of compensatory damages – application of additional damages.
Copyright Act 1968 (Cth), ss.36, 115, 116
Evidence Act 1995 (Cth), ss.121(3), 131(2)
Adelaide City Corporation v Australasian Performing Right Association Ltd (1928) 40 CLR 481
Australasian Performing Right Association Ltd v Metro on George Pty Ltd (2004) 61 IPR 575
Australasian Performing Right Association Ltd v Jain (1990) 18 IPR 663
Autodesk Australia Pty Ltd & Anor v Cheung (1990) 94 ALR 472
Autodesk Inc v Yee (1996) 68 FCR 391
Blatch v Archer (1774) 98 ER 969
Browne v Dunn (1893) 6 R 67
Cooper v Universal Music Australia Pty Ltd [2006] FCAFC 187
Falcon v Famous Players Film Company [1926] 2 KB 474
Ginos Engineers Pty Ltd v Autodesk Australia Pty Ltd [2007] FMCA 2156
Ginos Engineers Pty Ltd v Autodesk Australia Pty Ltd [2008] FCA 1051
Kalamazoo (Aust) Pty Ltd v Compact Business Systems Pty Ltd [1990] 1 Qd R 231
Microsoft Corporation v Auschina Polaris Pty Ltd (1996) 71 FCR 231
Microsoft Corporation v Goodview Electronics (2000) 49 IPR 578
Raben Footware Pty Ltd v Polygram Records Inc (1997) 75 FCR 88
SBO Pictures & Ors v Kaos Shops Pty Ltd & Ors [2006] FMCA 82
Sullivan v FNH Investments Pty Ltd t/as Palm Bay Hideaway [2003] FCA 323
Universal Music Australia Pty Ltd v Cooper [2005] FCA 1878
Universal Music Australia Pty Ltd v Sharman License Holdings Ltd [2005] FCA 1242
University of New South Wales v Moorehouse & Angus & Robertson (Publishers) Pty Ltd (1975) 133 CLR 1
WEA International Inc v Hanimex Corp Ltd (1987) 17 FCR 274
First Applicant: AUTODESK INC
Second Applicant: AUTODESK ASIA PTE LTD
Third Applicant: AUTODESK AUSTRALIA PTY LTD
First Respondent: GINOS ENGINEERS PTY LTD
Second Respondent: ZISIS GINOS
File number: SYG 2536 of 2007
Judgment of: Lloyd-Jones FM
Hearing dates: 28 and 29 November 2007
Date of last submission: 30 March 2008
Delivered at: Sydney
Delivered on: 19 January 2009

REPRESENTATION

Counsel for the Applicants: Mr J. Hennessy
Solicitors for the Applicants: Gilbert + Tobin
Counsel for the Respondents: Mr P. Scragg (solicitor)
Solicitors for the Respondents: Peter Scragg & Associates

ORDERS

  1. Judgment be entered under s.115(2) of the Copyright Act 1968 (Cth) against the respondents for the applicants in the sum of $38,012.22.

  2. Judgment be entered under s.115(4) of the Copyright Act 1968 (Cth) against the respondents for the applicants in the sum of $76,000.00.

  3. The respondents are to pay the applicants’ costs of the proceedings as agreed or, in the absence of an agreement, as taxed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2536 of 2007

AUTODESK INC

First Applicant

AUTODESK ASIA PTE LTD

Second Applicant

AUTODESK AUSTRALIA PTY LTD

Third…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Autodesk Inc & Ors v Ginos Engineers Pty Ltd and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2009] FMCA 14
Decision Date

CaseChat Overview and Summary

The applicants, Autodesk Inc and its affiliates, brought an action against Ginos Engineers Pty Ltd for copyright infringement. The case was heard and determined by the Federal Court of Australia. The applicants sought relief for the unauthorised use of their copyrighted computer software in the respondents' business operations.

The primary legal issue was whether the respondents had infringed the applicants' copyright by using their software without permission. The court had to consider the nature of the software, the terms under which it was licensed, and whether the respondents had breached those terms. Another issue was the quantification of damages, including both the loss suffered by the applicants and the profits gained by the respondents from the infringement.

The court found that the respondents had indeed infringed the applicants' copyright by using the software without a valid license. The court examined the licensing agreements and determined that the respondents had exceeded the authorised use of the software. The court also assessed the loss suffered by the applicants and the profits gained by the respondents, arriving at the amounts specified in the orders. The court emphasised the importance of respecting intellectual property rights and the consequences of failing to do so.

In conclusion, the court ordered the respondents to pay damages to the applicants and their legal costs. The specific amounts were determined based on the evidence presented and the applicable sections of the Copyright Act. The judgment reinforces the protection afforded to copyright holders and the need for adherence to licensing agreements.

Orders

Orders of the court

1.

Judgment be entered under s.115(2) of the Copyright Act 1968 (Cth) against the respondents for the applicants in the sum of $38,012.22.

2.

Judgment be entered under s.115(4) of the Copyright Act 1968 (Cth) against the respondents for the applicants in the sum of $76,000.00.

3.

The respondents are to pay the applicants’ costs of the proceedings as agreed or, in the absence of an agreement, as taxed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.