Menu
Exemplary damages awarded in Auckland rendering software stoush

Exemplary damages awarded in Auckland rendering software stoush

$50,000 in exemplary damages awarded for copyright infringement and ignoring court orders.

Rendering software companty Otoy seeks and receives damages from a former staff developer after copyright infringement found.

Rendering software companty Otoy seeks and receives damages from a former staff developer after copyright infringement found.

The High Court in Auckland has awarded exemplary damages to cloud rendering software company Otoy New Zealand after its software was copied and distributed by a former employee.

Otoy's US parent bought Auckland-based Refractive Software for an undisclosed sum in 2012. Refractive had developed advanced cloud rendering technology, Octane Render 3D to create video games and animated films.

However, Andrey Kozlov, a software developer employed by Otoy New Zealand up to April 2015, was found to have copied the software and distributed substantial parts of it in a new product called FStormRender.

Kozlov left New Zealand after his resignation and now appears to reside in Russia, a High Court judgment says. FStormRender was being developed and made available to users by an overseas company called Pinksoft, registered by Kozlov.

"I am satisfied that there is extensive similarity between the Octane software and FStormRender," Justice Muir said in the judgment, released after an August court hearing.

"The unique typographical errors that are repeated in the FStormRender source code (for example the duplication of ‘ff’ in floor) are a particularly good example of the level of similarity between the two works," the judge said.

"I consider it almost impossible to believe that Mr Kozlov could have independently written the FStormRender software in a way which so closely duplicates the Octane software, including the same flawed lines of code and text."

In addition to the exemplary damages awarded, Justice Muir also awarded $1 in compensatory damages to Otoy, costs, permanent injunctions and an order for delivery of the infringing copies to the plaintiff and for their subsequent destruction.

Refractive Software was founded by Terrence Vergauwen. While the sale price of Refractive was not disclosed at the time, Otoy NZ's accounts lodged with the Company's Office indicate the company was bought for $1.25 million.


Follow Us

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags Cloudcopyrightsoftware developmentrenderingOtoyRefractive Software

Featured

Slideshows

EDGE 2018: Kiwis kick back with Super Rugby before NZ session

EDGE 2018: Kiwis kick back with Super Rugby before NZ session

New Zealanders kick-started EDGE 2018 with a bout of Super Rugby before a dedicated New Zealand session, in front of more than 50 partners, vendors and distributors on Hamilton Island.​

EDGE 2018: Kiwis kick back with Super Rugby before NZ session
EDGE 2018: Kiwis assess key customer priorities through NZ research

EDGE 2018: Kiwis assess key customer priorities through NZ research

EDGE 2018 kicked off with a dedicated New Zealand track, highlighting the key customer priorities across the local market, in association with Dell EMC. Delivered through EDGE Research - leveraging Kiwi data through Tech Research Asia - more than 50 partners, vendors and distributors combined during an interactive session to assess the changing spending patterns of the end-user and the subsequent impact to the channel.

EDGE 2018: Kiwis assess key customer priorities through NZ research
Show Comments