Data Access Corporation v Powerflex Services Pty Ltd
[1999] HCA 49202 CLR 1
Between: Data Access Corporation
And: Powerflex Services Pty Ltd
Judges:
Gleeson CJ
Gaudron J
McHugh J
Gummow J
Hayne J
Subject References:
Intellectual property
Copyright
Subsistence and infringement of copyright
Computer software
Subsistence of copyright
Computer languages
Words used as commands in one computer language used as commands with identical functions in another computer language
Whether copyright subsists in an individual command
Whether an individual command is itself a 'computer program' within s 10(1) of the Copyright Act 1968 (Cth)
Infringement of copyright
Computer program
Application development system designed to enable computer programs to be written using certain commands
Whether a collocation of those commands constitutes a 'substantial part' of the application development system
Test of substantiality as applied to computer programs
Whether a macro in one computer program is an 'adaptation' of a macro with the same functionality in another computer program
Meaning of 'version' in s 10(1) of the Copyright Act 1968 (Cth)
Computer data table used for standard data compressions
Whether the data table is an 'original literary work'
Whether process devised to replicate a computer data table by examining its output constitutes a 'reproduction' of the table
adaptation
literary work
reproduction
set of instructions
substantial part
version
Legislative References:
Copyright Act 1968 (Cth) - s 10(1); s 14(1)(b); s 31(1)(a)(i); s 36(1)
Judgment date: 30 September 1999
CANBERRA
ORDER
1. Appeal dismissed with costs.
2. Special leave to cross-appeal granted; cross-appeal treated as instituted and heard instanter and dismissed with costs.
3. Costs of appeal and cross-appeal are to be set off.