In their argument before the Federal Court of Appeal, the appellants relied in part on the decision of the High Court of Australia in Computer Edge Pty. Ltd. v. Apple Computer, Inc. (1986), 65 A.L.R. 33, released one week after Reed J.'s decision. In a virtually identical factual situation, the Australian High Court held that there had been no copyright infringement. A majority of the Australian court portrayed the silicon chip as a dynamic "sequence of electrical impulses" that could not be the subject of copyright. MacGuigan J., whose conclusions on this point were adopted by Mahoney J., declined to follow the Australian approach. He noted that the Australian decision reflected the differences which exist between Australian and Canadian copyright legislation. Further, he observed that it was contrary to Reed J.'s conclusion that the programs in chip form should be regarded as software rather than hardware, that is, copyrightable expression rather than electrical impulses.