Microsoft Corporation v TYN Electronics Pty Ltd (in liq)

[2004] FCA 1307

FEDERAL COURT OF AUSTRALIA

Microsoft Corporation v TYN Electronics Pty Limited (In Liquidation)
[2004] FCA 1307

CORRIGENDUM

MICROSOFT CORPORATION & ORS v TYN ELECTRONICS PTY LIMITED (IN LIQUIDATION) & ANOR
N 925 OF 2002

STONE J
8 OCTOBER 2004 (CORRIGENDUM 10 DECEMBER 2004)
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 925 OF 2002

BETWEEN:	MICROSOFT CORPORATION FIRST APPLICANT
MICROSOFT PTY LIMITED SECOND APPLICANT
MICROSOFT LICENSING, INC THIRD APPLICANT
MICROSOFT LICENSING, GP FOURTH APPLICANT
AND:	TYN ELECTRONICS PTY LIMITED (IN LIQUIDATION) FIRST RESPONDENT
NGAT DOAN SECOND RESPONDENT
JUDGE:	STONE J
DATE OF ORDER:	8 OCTOBER 2004
WHERE MADE:	SYDNEY

CORRIGENDUM

1.At the end of page 4 of the Orders, under the heading ‘Annexure to the Orders of Stone J’ add the following:

‘Unaffixed Certificate of Authenticity label’ means an adhesive label bearing the words “Microsoft” and “Certificate of Authenticity” which is not, or was not at the time of acquisition by the Respondents, adhered to the shrink-wrap packaging of a genuine copy of Microsoft Windows or to a computer system supplied to the Respondents together with the original compact discs and manuals for any preinstalled operating system.

I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum to the Reasons for Judgment of her Honour Justice Stone.

Associate:

Dated:            10 December 2004

FEDERAL COURT OF AUSTRALIA

Microsoft Corporation v TYN Electronics Pty Limited (In Liquidation)
[2004] FCA 1307

MICROSOFT CORPORATION & ORS v TYN ELECTRONICS PTY LIMITED (IN LIQUIDATION) & ANOR
N 925 OF 2002

STONE J
8 OCTOBER 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 925 OF 2002

BETWEEN:	MICROSOFT CORPORATION FIRST APPLICANT
MICROSOFT PTY LIMITED SECOND APPLICANT
MICROSOFT LICENSING, INC THIRD APPLICANT
MICROSOFT LICENSING, GP FOURTH APPLICANT
AND:	TYN ELECTRONICS PTY LIMITED (IN LIQUIDATION) FIRST RESPONDENT
NGAT DOAN SECOND RESPONDENT
JUDGE:	STONE J
DATE OF ORDER:	8 OCTOBER 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.In these orders, capitalized terms have the meaning set out in the Annexure to these orders.

2.The respondents and each of them, whether by their servants, agents or otherwise, be permanently restrained from:

(a)reproducing or authorising the reproduction of the whole or a substantial part of any of the Microsoft Programs without the licence of the first applicant;

(b)importing, selling, offering for sale, supplying, offering to supply or distributing any Infringing Microsoft Program;

(c)importing, selling, offering for sale, supplying, offering to supply or distributing any Incomplete Microsoft Program;

(d)importing, selling, offering for sale, supplying, offering to supply or distributing any Unaffixed Certificate of Authenticity labels; and

(e)authorising, directing or procuring any other company or person to engage in any of the conduct sought to be restrained by the orders in subparagraphs (a), (b), (c) and (d) of this order.

3.The respondents and each of them deliver up to the solicitors for the applicants on oath within 7 days of the date of service of this order upon them:

(a)each Infringing Microsoft Program and…