This article discusses the 7 July 2022 majority decision of the Full Federal Court in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2022] FCAFC 112. 

This decision highlights that businesses can be held liable for copyright infringement committed by a third party developer, but that the risk can be mitigated by checking the developer’s history and insisting on appropriate warranties in the development agreement.

Over the years, rights holders have tried several different creative ways to identify and prosecute copyright infringers using the internet. One way of doing that is to compel the potential infringer's internet service provider to produce relevant information through preliminary discovery.

The recent decision of Siemens Industry Software Inc v Telstra Corp Ltd is an example of how copyright owners, especially those whose rights are valuable on a "per copy" basis, can use preliminary discovery to find the missing puzzle piece from ISPs.