On 2 July 2008, the Federal Court found that Rockerfeller Management Corporation and its director infringed copyright by using 800 of the applicants’ examination questions and answers in admission test preparation materials. The Court also found the respondents liable for conversion of the infringing copies.

The respondents, who allegedly purchased the material from a third party, on CDs bearing the copyright notice of the applicants’ competing business, failed to convince the Court that the material, some of which was created from third party sources, lacked originality for copyright protection or that its infringement was innocent.

Cross claims for infringement of 160 questions and answers on the CDs, defamation, passing off and trade practices contraventions were dismissed.

The Court is still to consider submissions on damages, including additional and conversion damages, and costs.

Boyapati v Rockefeller Management Corporation [2008] FCA 995 (2 July 2008)