Re: STAR MICRONICS PTY. LIMITED and STAR MICRONICS CO. LIMITED
And: FIVE STAR COMPUTERS PTY. LIMITED (trading as COMPUTERFAIR); ALL DATA
AUSTRALIA PTY. LIMITED and GRAHAM PHILLIP O'NEILL
No. V G174 of 1989
FED No. 525
Copyright - Trade Practices - Passing Off
18 IPR 225
COURT
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
Davies J.(1)
CATCHWORDS
Copyright - whether ROM in computer printer a "computer program" within the meaning of s.10(1) of the Copyright Act 1968 (Cth) - whether computer program in ROM a literary work - whether computer program an original work.
Copyright - infringement - s.38 Copyright Act - knowledge - licence - whether express or implied licence to distribute applicants' 220v equipment in Australia.
Trade Practices - ss.52 and 53 Trade Practices Act - alleged representations as to warranty - alleged representations that 220v computer printer designed and manufactured for use with a 240v power supply.
Passing Off - whether passing off of computer printers as goods associated with the applicant - whether passing off of 220v computer printers as 240v computer printers.
Copyright Act 1968 (Cth) - ss.10(1), 31, 32, 36, 38
Copyright (International Protection) Regulations (Cth) - reg. 4
Trade Practices Act 1974 (Cth) - ss.52, 53, 55
HEARING
SYDNEY
#DATE 9:10:1990
Counsel for the applicant: Dr J. McL. Emmerson QC and
Mr B.R.S. Kendall
Solicitors for the applicant: Messrs Stephens Solicitors
Counsel for the 1st and 3rd respondents: Mr J.M. Ireland
Solicitors for the 1st and 3rd respondents: Messrs R.E. Sanders,
Simpson and Freed
ORDER
Within 21 days the parties bring in short minutes of orders which are agreed or which they propose.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
JUDGE1
This application seeks relief against alleged breach of copyright, against statements and conduct alleged to be in breach of ss.52, 53 and 55 of the Trade Practices Act 1974 (Cth) and against conduct alleged to constitute passing off. The hearing proceeded on the issue of liability only, leaving the question of damages for future consideration. Even so, some issues of liability are still outstanding. The evidence given as to conduct said to be misleading and deceptive and in breach of the Trade Practices Act dealt with only a few transactions and may or may not be alleged to relate to other transactions which may be identified for the purposes of the claim for damages. Some of the subject printers sold were sold after the commencement of those proceedings (16 were admitted to have been sold between 9 August 1989 and 30 September 1989), and there is an issue as to the extent to which they fall within the applicants' claims. In the circumstances, it is not practicable to deal finally with all issues as to liability.
Cross-claims lodged on behalf of the first respondent were not pursued.
The applicants are Star Micronics Pty Limited ("Star Australia"), a company incorporated in and carrying on business in Australia…
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- AGLC
- Star Micronics Pty Ltd v Five Star Computers Pty Ltd [1990] FCA 525
- Case
- [1990] FCA 525
- Decision Date
CaseChat Overview and Summary
In addressing these issues, the court examined the definition of a "computer program" under the Act and the nature of the ROM's contents. The court found that the ROM in the computer printer did indeed constitute a computer program as it contained a series of instructions that were processed by the printer's hardware. The court further concluded that the program in the ROM was an original literary work, as it involved a degree of creativity and skill in its creation. Based on these findings, the court ruled that the ROM in the computer printer was subject to copyright protection under the Act. As a result of this decision, the plaintiff's claim for copyright infringement was upheld.
The court ordered that within 21 days, the parties were to bring in short minutes of orders which were agreed or which they proposed. This process of settlement and entry of orders is governed by Order 36 of the Federal Court Rules.
Orders
Orders of the court
Within 21 days the parties bring in short minutes of orders which are agreed or which they propose.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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