White SW Computer Law
Intellectual Property, Information Technology & Telecommunications Lawyers
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
Sydney Office - GPO Box 2506, SYDNEY New South Wales 2001 Australia
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044
Email: wcl@computerlaw.com.au Internet: http://www.computerlaw.com.au

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 ====== White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - June 2006 ====== ====== White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - June 2006 ======
-===== SOFTWARE SOURCE CODE BUSINESS CONTINUITY PLANNING ​=====+ 
 +===== Software Source Code Business Continuity Planning ​===== 
 When a software developer is engaged to build a custom program, or enhancements to an existing program, the customer should ensure that their software development agreement includes provisions allowing it to have access to the source code. When a software developer is engaged to build a custom program, or enhancements to an existing program, the customer should ensure that their software development agreement includes provisions allowing it to have access to the source code.
  
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 Before the Court would make such orders, it had to consider: Before the Court would make such orders, it had to consider:
 +
   - Did the customer’s claims raise a serious matter to be tried?   - Did the customer’s claims raise a serious matter to be tried?
   - Did the customer’s claims have a reasonable prospect of success at trial?   - Did the customer’s claims have a reasonable prospect of success at trial?
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 In deciding this, the Court formed the view that the customer was likely to suffer damages because without access to the source code, the customer: In deciding this, the Court formed the view that the customer was likely to suffer damages because without access to the source code, the customer:
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   - could not provide clear advice to its clients as to the development pathway and timetable for release of the new version of the software   - could not provide clear advice to its clients as to the development pathway and timetable for release of the new version of the software
   - could not provide support, maintenance,​ customisation and error correction to its clients to a level which is commercially expected. ​   - could not provide support, maintenance,​ customisation and error correction to its clients to a level which is commercially expected. ​
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 When considering a disaster plan for your business, one factor that you should consider is how your business could be affected if one of your suppliers terminates an agreement, or otherwise ceases supply and how well your agreements have been drafted to allow you to trade on uninterrupted (including access to all the necessary source code) When considering a disaster plan for your business, one factor that you should consider is how your business could be affected if one of your suppliers terminates an agreement, or otherwise ceases supply and how well your agreements have been drafted to allow you to trade on uninterrupted (including access to all the necessary source code)
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-[[newsletters:​nljun06#​In this issue|Contents]] 
- 
-**STEVE WHITE\\ 
-WHITE SW COMPUTER LAW\\ 
-JULY 2006**\\ 
- 
-**www.computerlaw.com.au** 
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-**© White SW Computer Law 2006** 
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-This article is a guide only and should not be used as a substitute for proper legal advice, readers should make their own enquiries and seek appropriate legal advice. ​ 
  

  © White SW Computer Law 1994-2019. ABN 94 669 684 644. All Rights Reserved.
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  This website is a guide only and should not be used as a substitute for proper legal advice.
  Readers should make their own enquiries and seek appropriate legal advice.
  For legal advice please email wcl@computerlaw.com.au