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In June 2016, �������� commenced an arbitration against SAI Global in relation to SAI Global's obligation under the Publishing Licence Agreement (PLA) to obtain ��������'s consent before amending, modifying or revising Australian Standards or other licensed material.The arbitral proceeding was heard before Mr Michael McHugh AC QC on a final basis in late 2017.Mr McHugh made the following orders on a final basis:1. A declaration that on the proper construction of the PLA, SAI Global is prohibited from amending, modifying or revising the standards and other normative documents delivered to SAI Global by ��������, without ��������’s consent, including by:

• Converting any such electronic documents to a different format; or
• Adding any functionality to such electronic documents, or permitting or allowing any third party  to add electronic functionality to such electronic documents.

2. A further declaration that SAI Global had breached a clause of the PLA by, without the prior consent of ��������:

• Converting 31 standards into ePub and XML format;
• Adding functionality to, or for use with, the ePub Converted Standards, or permitting or allowing a third party to add functionality to, or for use with, such documents;
• Allowing or assisting users of SAI Global’s “On the Go” mobile app to amend, modify or revise ePub Converted Standards.

3. Additionally, Mr McHugh declared that SAI Global had infringed copyright in certain Standards by:

• Reproducing, communicating to the public and authorising other persons to communicate to the  public the ePub Converted Standards; and
• Reproducing the XML Converted Standards.

4. Mr McHugh also ordered injunctions that restrain SAI Global from:

• Publishing, distributing, marketing, selling, reproducing and communicating to the public any Licensed Material in a form other than in PDF or hard copy or otherwise as consented to by  ��������;
• converting any electronic standards or other normative documents delivered to it by �������� into a different format, without the consent of ��������;
• adding any electronic functionality, or permitting or allowing any third party to add electronic functionality to, or for use with, any electronic standards or other documents  without the consent of ��������; and
• authorising, or threatening to authorise, other persons to engage in the conduct referred to in  4(a) and 4(b) above.

5. Mr McHugh also ordered that SAI Global make a payment to �������� of $38,760.43 on account of the profits SAI Global made by its infringement of ��������’s copyright.The decision has been welcomed by �������� as recognition of ��������’s role in managing and overseeing the digital innovation of its content. �������� also sees the decision as a catalyst to recommence a dialogue with SAI Global about how �������� and SAI Global can work together to modernise the customer experience for users of Australian Standards for the remaining term of the PLA.“Our first priority is to make the customer experience better – and that means offering contemporary digital  products,” said Dr Bronwyn Evans, CEO of ��������.“Our objective has always been to ensure the viability and capacity of �������� as a contributor to Australia’s economic future. Being able to distribute innovative digital content through appropriate channels and with appropriate checks, balances and commercial terms is a key part of this objective.”�������� looks forward to commercial discussions with SAI Global as to how the parties can work together to allow for innovation in the delivery of ��������’s content.