Microsoft has won an emergency injunction against a Queensland tablet importer Handii accused of selling devices running unlicensed versions of Windows 7.
At an interlocutory hearing in the Federal Court in Sydney, Microsoft's counsel Sophie Goddard handed up a series of undertakings that had been agreed to by Handii's representatives.
The first two undertakings– which she agreed with Justice John Nicholas were "permanent" in nature – sought to restrain Handii and its associates from reproducing, importing and reselling the allegedly unauthorised software.
Microsoft also sought discovery orders for information on the tablets Handii had purchased, imported or sold in Australia, as well as details of any licenses to use Microsoft's software.
"[Handii] have agreed to provide some early discovery to see if we can resolve the matter on a final basis," Goddard told the court.
"At this stage we're not aware of the extent of [Handii's] activities. The only issue is one of quantum – if it turns out [Handii] have extensive operations – but we don't know."
Handii offered two Windows 7-powered tablet devices on its website, in 7" and 10" versions. Both claimed to run genuine versions of the Windows operating system.
Justice Nicholas "noted the undertakings" by Handii and its legal representation – both named as respondents in the case – and made the first two undertakings "by consent".
He set down a further hearing on May 6.
Microsoft had indicated its intention to seek a damages and costs award from Handii, along with "further or other orders or relief as to the Court seems fit".
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Issue: 315 | May 2013
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