Software development disputes

  • Managed service agreements for IT companies

    Managed service agreements for IT companies

    A Managed Services Agreement (MSA) outlines the roles and responsibilities of IT services provider and client, detailing services, payment, security, and more. It helps mitigate risks and ensure both parties are clear on expectations.

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  • Software litigation – how much evidence is enough?

    Software litigation – how much evidence is enough?

    The Court was asked to decide if the applicant had enough info to begin proceedings for copyright infringement and breach of confidence in Qudos Mutual Ltd v Infosys Ltd [2019] FCA 702. Qudos was not satisfied with what they had, so the Court ordered the production of further documents and source code.

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  • Has my software been copied? – the legal test

    Has my software been copied? – the legal test

    This article examines the legal test for a “substantial reproduction” of computer code, as established by the High Court in Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49 and further discussed in subsequent cases. The Court will consider the essential features of the work to determine if there has been a substantial…

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  • Legal issues in software support agreements

    Legal issues in software support agreements

    Software developers must consider tech and product support services when taking software to market, such as differences between technical and product support, supported and non-supported items, and differences between installed and hosted software support agreements.

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  • Reverse engineering of software – legal boundaries?

    Reverse engineering of software – legal boundaries?

    Reverse engineering software in Australia is complex, with legal implications and cases providing authority on “infringing” verses “non-infringing” reverse engineering. Courts have provided some protection to intellectual property (IP) through licence agreements and distinguishing between ideas and expressions of a program.

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