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Cross Link Marketing Group (CMG) Pty Ltd and directors pay Microsoft A$720,000 damages in copyright infringement settlement

  • 18 July, 2005 13:39

<p>Sydney – Monday 18th July 2005 – Cross Link Marketing Group (CMG) Pty Ltd, which traded as Magic Computers, and its past and present directors have consented to orders to pay damages totalling A$720,000 to Microsoft for copyright infringement following action in the Federal Court of Australia. CMG and the directors also consented to orders restraining them from future infringement.</p>
<p>CMG, and its current director Kell Walker, consented to orders to pay Microsoft A$360,000 in settlement of claims that CMG was dealing in computers installed with unlicensed software. Microsoft alleged that Kell Walker authorised those infringements.</p>
<p>Rosalind Sumner aka Pee Loo Tan and Wayne David Sumner, being former directors of CMG, also consented to orders to pay damages totalling A$360,000. Microsoft alleged that they had authorised the reproduction of Microsoft programs installed onto computers sold by CMG in breach of the Copyright Act.</p>
<p>In 1998, Microsoft received information through its Anti-Piracy Hotline that Magic Computers was engaged in conduct that infringed Microsoft’s Copyright. Magic Computers was then put on notice of Microsoft’s rights. In 2002 further information was received that Magic Computers was engaging in the activity known as hard disk loading.</p>
<p>Microsoft warned Magic Computers, advising them that this was an infringement of Microsoft’s licensing arrangements and of the Copyright Act. Microsoft then obtained undertakings from Kell Walker not to reproduce or authorise the reproduction of any Microsoft programs without permission. At this time Pee Loo Tan also acknowledged in writing that she was aware that hard disk loading was illegal. Subsequently in 2004 Microsoft received further information through the hotline which led to civil proceedings being filed in the Federal Court of Australia.</p>
<p>“Software piracy impacts Australian businesses, Australian jobs and the Australian channel,” said Ms Vanessa Hutley, Senior Corporate Attorney, Microsoft Australia. “Microsoft Australia is committed to combating software piracy and ensuring that our partners and customers are protected from the negative effects of dishonest resellers.”</p>
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<p>About Microsoft
Founded in 1975, Microsoft (Nasdaq "MSFT") is the worldwide leader in software, services and solutions that help people and businesses realise their full potential.</p>
<p>About Microsoft Anti-Piracy Hotline
The Microsoft Anti-Piracy Hotline provides resellers and consumers an avenue to report suspected illegal use and distribution of Microsoft software and hardware. The hotline also provides advice to individuals who report infringing active with information on how to protect themselves against piracy. Phone 1800 639 963.</p>
<p>For further information:
Amanda Millar
Howorth Communications
02 8281 3830 or 0407 454 229</p>

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