SYDNEY, Australia, November 15, 2004
The Federal Court of Australia has awarded Microsoft
$A1 million in damages against TYN Electronics Pty Ltd, formerly APD International Pty Ltd, and its director, Mr Ngat Doan..
The Court found that APD had procured the manufacture of several thousand copies of Microsoft® Windows® Millennium Edition, Microsoft Works and Microsoft Money on compact disc, and supplied those discs to APD customers in late 2002 with new computer systems. The relief granted in favour of Microsoft included extensive injunctions, orders for delivery of counterfeit products, compensatory damages, flagrancy damages and costs.
“The action taken by Microsoft in the Federal Court demonstrates our resolve to pursue dishonest resellers selling counterfeit products,” said Vanessa Hutley, Senior Corporate Attorney, Microsoft Australia.
“Dishonest resellers have an unfair competitive advantage over resellers who obey the law. They also cost thousands of potential job opportunities a year in the legitimate distribution channels.
“We are committed to doing what we can to protect our partners and customers from the negative impacts of software piracy. We want to ensure consumers receive genuine quality software.”
The latest action is the second set of proceedings brought by Microsoft against Mr Doan. In 1997, Microsoft commenced proceedings against Mr Doan and his former company, Beam 2000 Systems Pty Ltd in relation to the supply of counterfeit Microsoft software. The Court made orders by consent in those proceedings restraining future infringements of copyright by Mr Doan and Beam 2000.
The present proceedings were filed in September 2002 after Microsoft obtained evidence that APD and Mr Doan had supplied 300 counterfeit copies of Microsoft Millennium Edition to a Sydney-based computer dealer.
“Software piracy undermines the software industry's ability to contribute to the health and prosperity of the global economy,” said Ms Hutley. “We need to protect intellectual property for long-term growth, and actions taken now will hopefully deter others from producing and selling counterfeit software.”
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