[Linux-aus] Trade Practices Implications of Infringing Copies of Open Source Software

[Brendan Scott]

Dear All

Earlier in the year Linux Australia approved a grant for the production of a research note on the Trade Practices Implications of Infringing Copies of Open Source Software.  The note has been completed and reviewed by the Linux Australia committee and is now ready for open release.  

The main finding of the research is that a vendor selling an infringing copy of open source software is likely to be in breach of at least one section of Part V the Trade Practices Act 1974 (Cth) relating to misleading or deceptive statements or conduct, and likely more than one.  There are many cases in which such breaches have been found in relation to infringing copies of software.  Even where a vendor only offers to sell (as opposed to actually selling) an infringing copy they are still likely to be in breach of the Act.


The research note can be downloaded from:
 http://www.opensourcelaw.biz/publications/papers/researchproposal%20A%20100707_LAb.pdf

Cheers


Brendan