Page:Take-Two Interactive Software, Inc v Anderson.pdf/3



NSD 1751 of 2018

THE COURT DECLARES THAT:

1. The respondent has infringed the first applicant's copyright by:


 * (a) reproducing or making a copy of the whole or a substantial part of one or more of the GTA V Works (as defined in para 1 of schedule 1 to these orders) in material form in Australia, other than in accordance with the terms of a current licence from the first applicant;


 * (b) authorising users of the software titled "Infamous" ("Infamous Mod") to reproduce in a material form or make a copy in Australia of one or more of the GTA V Works or a substantial part thereof, other than in accordance with the terms of a current licence from the first applicant.

2. The respondent has procured or induced breaches of, and otherwise interfered with the performance of, the following agreements between one or more of the applicants and users of the Infamous Mod:


 * (a) versions of the agreement titled "Limited Software Warranty and License Agreement"; and


 * (b) versions of the agreement titled "Terms of Service".

3. The respondent has, by distributing, selling and offering for sale the Infamous Mod, contravened s 18(1) of the Australian Consumer Law (Cth) ("the ACL"). Take-Two Interactive Software, Inc v Anderson [2021] FCA 1024