Victorian reseller CPL Notting Hill has returned to court to appeal a ruling mandating it pay Microsoft $2.6 million for infringing its copyright.
The company filed the appeal to the Federal Court’s New South Wales Registry on Wednesday, two weeks after the ruling.
On 5 September, the court ruled CPL installed fraudulent copies of Windows 7 Professional on its computers and affixed them with a Microsoft authorised refurbisher certificate of authenticity without a license.
The reseller was ordered to pay Microsoft and its international subsidiaries a combined $2.25 million for infringing its copyright, plus another $325,000 for breaching the Trade Marks Act.
Proceedings date back to 2016, when a customer working in behalf Microsoft purchased one of the computers from CPL.
In court documents, CPL argued it wasn't familiar with Microsoft's refurbisher program, though the court said that the reseller's records in relation to the sale of Microsoft software did not distinguish between Windows refurbisher product and non-refurbisher products.
The company was ordered to be restrained from infringing on Microsoft's copyright in the future, with the court declaring that CPL knowingly contravened Australian Consumer Law and the Competition and Consumer Act.
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