Software used at DPA at the relevant time
30.At paragraph 10 of his first witness statement Mr Padalino sets out the software provided by DPA to its employees when Mr D’Aguanno was working there, as follows: i)“2D AutoCAD; ii)Microsoft 365 Office apps; iii) Some access to InDesign and Adobe Photoshop. iv) At that time, no other software was available through DPA hence [Mr
D’Aguanno’s] use of his own laptop which had the CGI software on it” 31.Mr D’Aguanno accepts this list as accurate. His evidence was that DPA only had 2D AutoCAD on its computers, but he had a personal copy of 3D AutoCAD on his laptop, as well as another computer aided design (“CAD”) software package called
- INTRODUCTION
- Restrictive Covenants
- Claimant Works
- Copyright Infringement
- Breach of contract
- Restrictive covenants
- PROCEEDINGS
- Terms of Employment
- Storage of works created at DPA
- Software used at DPA at the relevant time
- Rhino
- CGI work at DPA
- DPA’s position
- None of these searches found the Rhino 3D CGI models.
- Wellington House
- Wellington House Works
- www.mudaarchitecture.com
- Use made by Mr D’Aguanno of 3D models removed from DPA
- ADA Stored Works
- DETERMINATION OF THE REMAINING ISSUES ON LIABILITY
- Issue 1 – Have the Defendants reproduced a substantial part of the Claimant Works or any of them, in a material form?
- Issue 2 – Have the Defendants or any of them possessed the Claimant Works or any of them in the course of a business.
- Issue 3 – Have the Defendants reproduced a substantial part of the Claimant Works or otherwise used the Claimant Works in their ongoing work for Mr Simpson?
- Issue 4 – Have the Defendants or any of them authorised the acts set out at paragraphs 1 to 3 above?
- Issue 5 – Did Mr D’Aguanno or Ms Muller fail to store the Claimant Works or any of them on DPA’s server?
- Issue 6 – Did Mr D’Aguanno or Ms Muller remove the Claimant Works or any of them from DPA’s offices and/or prevent DPA from having access to its files?
- Issue 7 - Does DPA have access to the Claimant Works which are in the possession of the Defendants?
- Issue 8 - Did Mr D’Aguanno or Ms Muller fail to return all of the Claimant’s property when their contracts with DPA ended?
- QUANTUM
- CONCLUSION