In addition to the proposed changes of the Copyright
Amendment (Digital Agenda) Bill 1999, there have been two
recent developments regarding the scope of protection granted
to the owners of copyright in computer programs in
Australia.
The first development is the decision of the High Court in
Data Access Corporation v Powerflex Services Pty Ltd.
The second is the proclamation of the Copyright Amendment
(Computer Programs) Act 1999 on 30 September 1999.
Data Access Corporation V Powerflex Services Pty
Ltd
Background
Data Access appealed to the High Court against orders of the
Full Federal Court which were based on a holding that copyright
did not subsist in commands in the Dataflex program (reserved
words) developed by Data Access. The Full Court reversed the
judgment of the trial judge and held that the commands were not
"computer programs" under the Copyright Act
1968 (C'th). Also
