In Dais Studio Pty Ltd v Bullet Creative Pty
Ltd [2007] FCA 2054 Dais failed in its action against a former employee it accused of copying without authorisation 2 utility files from its website design program.
Dais sued for infringement of copyright, to
restrain the unauthorised use of confidential information,
for breach of
contract and for breach of certain provisions of the Corporations Act
2001 (Cth).
Although the judge concluded that each of the 2 small files was a computer program,
and therefore a literary
work capable of being protected by copyright, Dais failed to prove they were a
substantial part of the source code as a whole in their program.