Microsoft Corporation and Ors v CPL Notting Hill Pty Ltd and Anor (No.3)

This matter concerned a dispute between Microsoft Corporation and its related entities (the applicants) and CPL Notting Hill Pty Ltd and another party (the respondents). The applicants sought to restrain the respondents from infringing their copyright in certain software, specifically in relation to the use of Microsoft's Windows operating system and Office suite. The core of the dispute revolved around allegations that the respondents had made unauthorised copies of Microsoft's software and were using these copies in contravention of the terms of their licence agreements and the Copyright Act 1968 (Cth).

The primary legal issues before the court were whether the respondents had infringed Microsoft's copyright in its software, and if so, what remedies were available to Microsoft. This involved determining whether the respondents' actions constituted the making of unauthorised copies, the distribution of such copies, or the use of software in a manner that exceeded the scope of any licence granted. The court was also required to consider the nature of the copyright subsisting in computer programs and the scope of protection afforded by the Copyright Act.

In reaching its decision, the court examined the evidence presented by both parties regarding the installation and use of Microsoft software on the respondents' computer systems. The court applied established principles of copyright law, including the definition of a "copy" in the context of computer programs and the requirements for establishing infringement. The court considered the terms of the software licence agreements and whether the respondents' conduct fell outside the permitted uses. The court found that the respondents had indeed infringed Microsoft's copyright by making and using unauthorised copies of the software.

Consequently, the court made orders in favour of Microsoft, granting an injunction to prevent further infringement and awarding damages to compensate Microsoft for the losses suffered as a result of the respondents' actions.