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ARTICLE · 24 FEBRUARY 2009

Can The Purchaser Of A Computer Program Modify Or Upgrade It?

Hunt & Hunt
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What is the purchaser of a computer program entitled to do with that program? The purchaser is, of course, entitled to use the program for the purpose it was intended to be used. But, does the purchaser have any right to modify or upgrade the program?

AustraliaIntellectual Property
James Orr
James Orr
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Centrestage Management Pty Ltd –v– Riedle (Federal Court of Australia)

What is the purchaser of a computer program entitled to do with that program? The purchaser is, of course, entitled to use the program for the purpose it was intended to be used. This right may be referred to in the written terms of agreement provided with the program, or will be implied by law if there is no express term to the contrary.

The purchaser also has rights conferred by legislation, including (subject to paragraphs 47B – 47F of the Copyright Act) the right to:-

  • make products which are interoperable with the program;
  • study the ideas behind the program and the way in which it functions;

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