Legal Question in Intellectual Property in Australia

What action can I take against someone illegally re-selling my software?

Dear Sir/Madam,

I develop software packages that I sell for under US$30 per package via my own websites and via legal resellers (such as download.com etc). It is a so-called shareware program, with the full, licensed package only sent to people who buy it. The software includes a license agreement stating it may not be resold or distributed in any form.

Someone is now illegally distributing the licensed version of my software on his website, making it available for free download. I wrote this person saying he is acting illegally and I could sue him, and he replied in a very rude way.

My business is an internet business, with a dot.com name. I am currently located in Australia but most of my customers are in the US. The person infringing on my rights is located in Michigan, USA.

What action can I realistically take against this person and/or his company (looking like quite an established dot.com), what law(s) does this fall under, how should I go about it, are there any ''no cure, no pay'' lawyers available and willing to help, and what could I expect to achieve by taking legal action?

Looking forward to receiving a reply.

A very frustrated software owner.


Asked on 12/20/04, 2:08 am

1 Answer from Attorneys
Michael Lipshutz Cohen Woolf & Weinberg

Re: What action can I take against someone illegally re-selling my software?

Thank you for your query. I am a solicitor in Melbourne. You may take action in the Federal Court of Australia to protect your intellectual property. Were there to be a judgment in Michigan it could be enforced in Australia and the reverse may well hold true. You may of course choose to sue in Michigan but that would be a much more expensive option. I suggest that you consult a lawyer in your State and then explore the issue of reciprocity. Provided an Australian judgment can be enforced then I recommend that you institute proceedings in the Federal court.

- Michael Lipshutz

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Answered on 12/20/04, 6:04 pm


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