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ARTICLE · 04 SEPTEMBER 2014

Copyright law and computer software – retreating from the trivial?

Chapman Tripp
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Beyond source and object code, it will be difficult to rely on copyright law to prevent unlicensed copying of software.

New ZealandIntellectual Property
Justin Graham
Justin Graham
Jack Hodder KC
Jack Hodder KC
Kelly McFadzien
Kelly McFadzien
Matt Sumpter
Matt Sumpter
Chris Dann
Chris Dann
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Download: 2014 PUB BC Copyright law retreating from the trivial - 3 September.pdf

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New Zealand's Court of Appeal, in a careful and reasoned judgment, has added to the slow retreat from copyright law being a protector of the mundane and the trivial.

The decision may have implications for the structure of software licensing arrangements.

The case

At issue in Karum Group LLC v Fisher & Paykel Financial Services Ltd1 were the rights to a credit management software system (CMS) which Fisher & Paykel considered were included in the acquisition of a company it had bought but to which Karum also laid claim.

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