Copyright
Australia
Microsoft wins software infringement dispute in
Federal Magistrates Court
The Federal Magistrates Court has found in favour of
software publisher Microsoft Corporation
('Microsoft') in a copyright dispute against
Rodney Mayhew. Identifying himself as one of the "Official
Microsoft Windows Vista Beta Testers", Mr Mayhew offered
and sold unlicensed copies of Microsoft software programs to
the consumer public loaded onto a computer hard drive and
supplied on CD-ROM. The Court held that the 'mere sale
or offer for sale of the PC loaded with the unauthorised copies
of the Microsoft Software' constituted a contravention
of s 38(1) of the Copyright Act 1968 (Cth). Microsoft was
therefore found to be entitled to compensatory damages for lost
license fees under s 115(2) of the Act, and was awarded
$1,126.35 in this respect. Additional damages totalling $12,000
were also
