Autodesk Australia were successful in copyright infringement proceedings against an Adelaide-based engineering company, Ginos Engineers.
On Monday January 19, 2009, the Federal Magistrates Court of Australia ordered Ginos Engineers to pay compensatory damages, plus court costs, for earlier use of Autodesk Australia software over a 10-year period.
The court made a number of adverse findings about the behaviour of Ginos Engineers and ordered them to pay additional damages of A$76,000 for the flagrancy of the infringement.
Autodesk Australia attempted to resolve the matter before commencing legal action in August 2007, and Ginos Engineers were warned of court proceedings.
According to Autodesk Australia, they work closely with customers to educate them on sound software asset management practices.
Autodesk Australia observe that the use of infringing software is a serious issue in Australia and elsewhere. As the court pointed out in this case, an infringer gains an ‘entirely undeserved profit’ through the use of unlicensed software. The software in question was necessary for Ginos Engineers to run their business.
Clare Wharrier, spokesperson for the Business Software Alliance (BSA) said, the protection of intellectual property rights is fundamental to Australia’s standing internationally and to the protection of Australian jobs and innovation.
Educating the public on the importance of using properly, the licensed software helps to protect Australian jobs, Australian talent and encourages people to invest in the local industry.
Autodesk Australia were represented by Gilbert and Tobin.