Leading advertising agency Mojo in alleged copyright breach
Announcement posted by Business Software Association of Australia (BSAA) 29 Nov 2001
The Business Software Association of Australia (BSAA) has initiated legal action against one of Australias leading advertising agencies, Mojo Partners Pty Ltd, alleging copyright infringement in relation to Adobe and Microsoft software.
Legal proceedings were filed by Microsoft and Adobe against Mojo Partners Pty Ltd and associated companies on 16 October 2001. The BSAA claims that Mojo has been using illegal computer software from Microsoft and Adobe including Microsoft Office, Adobe Photoshop, Adobe Illustrator and Adobe Acrobat.
Under the Copyright Act 1968, the BSAAs members are seeking substantial damages for alleged infringements by Mojo Partners, as well as injunctions restraining Mojo from any unauthorised copying of programs in the future. The case came before Justice Beaumont of the Federal Court in Sydney for the first time on 28 November 2001, at which time the judge made directions for the filing of a defence by the the respondents.
Chairman of the BSAA, Jim Macnamara, said any use of illegal software by a leading advertising agency should be viewed as a serious double standard.
Advertising agencies make their living by creating and selling intellectual property. If it is established that illegally copied computer software has been used to create copy and graphics, that would be inexcusable and would entitle us to substantial damages, Mr Macnamara said.
The graphic design and printing sector are among the biggest users of illegal software according to BSAA research and companies such as Adobe, Macromedia, Microsoft, Autodesk and Symantec will not hesitate to use court action to protect their products from illegal copying, Mr Macnamara warned.
Recent legal settlements by the BSAA and its member companies include:
- Logic World Pty Ltd which had damages of $210,000 awarded against it by the Federal Court of Australia in July;
- Flanergan Pty Ltd, a leading Canberra printing firm which settled out of court for $40,000 in October;
- Momentum Animation Studios Pty Ltd, a small computer animation studio which settled for $10,000 in November; and
- Webology Australia Pty Ltd, a Web designer, which settled for $15,000 earlier this year.
The case against Mojo Partners is next in court on 14 February 2002.
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Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143
BSAA Web site: www.bsaa.com.au
The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries.
The Business Software Alliance (www.bsa.org) is the voice of the world's software and Internet industry before governments and with consumers in the international marketplace. Its members represent the fastest growing industry in the world. BSA educates computer users on software copyrights; advocates public policy that fosters innovation and expands trade opportunities; and fights software piracy. BSA worldwide members include Adobe, Apple Computer, Autodesk, Bentley Systems, CNC Software/Mastercam, Macromedia, Microsoft, Symantec, and UGS. BSA regional members in Asia include AccTrak21 and Borland.
Legal proceedings were filed by Microsoft and Adobe against Mojo Partners Pty Ltd and associated companies on 16 October 2001. The BSAA claims that Mojo has been using illegal computer software from Microsoft and Adobe including Microsoft Office, Adobe Photoshop, Adobe Illustrator and Adobe Acrobat.
Under the Copyright Act 1968, the BSAAs members are seeking substantial damages for alleged infringements by Mojo Partners, as well as injunctions restraining Mojo from any unauthorised copying of programs in the future. The case came before Justice Beaumont of the Federal Court in Sydney for the first time on 28 November 2001, at which time the judge made directions for the filing of a defence by the the respondents.
Chairman of the BSAA, Jim Macnamara, said any use of illegal software by a leading advertising agency should be viewed as a serious double standard.
Advertising agencies make their living by creating and selling intellectual property. If it is established that illegally copied computer software has been used to create copy and graphics, that would be inexcusable and would entitle us to substantial damages, Mr Macnamara said.
The graphic design and printing sector are among the biggest users of illegal software according to BSAA research and companies such as Adobe, Macromedia, Microsoft, Autodesk and Symantec will not hesitate to use court action to protect their products from illegal copying, Mr Macnamara warned.
Recent legal settlements by the BSAA and its member companies include:
- Logic World Pty Ltd which had damages of $210,000 awarded against it by the Federal Court of Australia in July;
- Flanergan Pty Ltd, a leading Canberra printing firm which settled out of court for $40,000 in October;
- Momentum Animation Studios Pty Ltd, a small computer animation studio which settled for $10,000 in November; and
- Webology Australia Pty Ltd, a Web designer, which settled for $15,000 earlier this year.
The case against Mojo Partners is next in court on 14 February 2002.
#####
Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143
BSAA Web site: www.bsaa.com.au
The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries.
The Business Software Alliance (www.bsa.org) is the voice of the world's software and Internet industry before governments and with consumers in the international marketplace. Its members represent the fastest growing industry in the world. BSA educates computer users on software copyrights; advocates public policy that fosters innovation and expands trade opportunities; and fights software piracy. BSA worldwide members include Adobe, Apple Computer, Autodesk, Bentley Systems, CNC Software/Mastercam, Macromedia, Microsoft, Symantec, and UGS. BSA regional members in Asia include AccTrak21 and Borland.