Revisiting Computer Program Copyright in Australia: Data Access Corporation v. Powerflex Services Pty Ltd

Abstract

In Data Access Corporation ν Powerflex Services Pty Ltd, the High Court considered the copyright implications of PFXplus, a software system designed by one company to be compatible with an existing software system, Dataflex, owned by another company. The court's decision covered the status of reserved words within the definition of computer program under the Copyright Act 1968 (Cth), and the question of what constitutes a substantial part of a computer program. In reaching its decision on the latter question, the court rejected the prevailing authority of the majority in the Autodesk cases. The court also clarified the meaning of "adaptation" of a computer program and the copyright protection afforded to tables contained within computer programs. The decision has significant implications for Australian copyright law as well as practical implications for Australian software programmers and developers.

Keywords: copyright, computer program, Australian intellectual property