Autodesk Inc v Dyason (No 2)

The High Court of Australia heard an appeal from the Full Court of the Federal Court of Australia concerning alleged copyright infringement of computer software. The parties involved were Autodesk Inc. (the appellant) and Martin Patrick Dyason, Christine Dyason, and Peter Vincent Kelly (the respondents). The dispute centred on whether the respondents had infringed Autodesk's copyright in its AutoCAD computer program.

The primary legal issues before the High Court were whether the respondents had infringed Autodesk's copyright in the AutoCAD program, specifically concerning the reproduction of a 127-bit series look-up table, and whether the Full Court had erred in its previous decision regarding the scope of that infringement. The Court also considered the circumstances under which a court might vacate or vary its own orders before they are passed and entered.

The High Court reasoned that the respondents had indeed infringed Autodesk's copyright by reproducing a substantial part of the AutoCAD program, including the 127-bit series look-up table. The Court applied principles of copyright law relating to the reproduction of computer programs and the concept of substantial part. It found that the Full Court had incorrectly limited the scope of the injunction granted by Northrop J. The High Court allowed the appeal, setting aside the orders of the Full Court and varying the original order of Northrop J to provide a more comprehensive restraint against the respondents' infringing activities. The matter was remitted to the Federal Court for further directions.