Software Piracy – Indian Court Orders for Damages – An Insight

Software Piracy Indian Court Orders for damages

The recent decision of the Delhi High Court in the case Microsoft Corporation vs. Yogesh Papacy & Anr., To the "piracy", has once again the resolve of the Indian judicial system was to acquire the intellectual property issues in advance. IP theft, which was finally carried out until recently, when a small white-collar crime because of its economic environment is shining, the dark shadows are archetypalOffenses (the mentality of the Indian judiciary and the police, the popular notion is that much more criminal offenses and deviant taken in relation to their IP counterparts, an argument which some people may still have) had.

This case concerns the infringement of copyright in the software and especially the interpretation of . 51 and 55 of the Indian Copyright Act, 1957. The applicant, software giants Microsoft Corporation,registered proprietor of the mark MICROSOFT filed an action to pray for permanent injunction restraining the defendant, its directors, agents, and copying, selling, offering for sale, distribution, exhibition for the public counterfeit or unlicensed version of the software programs in any way equivalent to the violation of its copyright in the said computer programs and related manuals and their registered trademarks, and the mitigation of the defendant from the sale andDistribution of goods, were applied to the brand of the applicants, or fraudulent variant thereof, and further praying for the delivery and transfer of accounts of profits.

- Piracy Report

The defendants are free not to enter appearance after the notice is served, and were left ex-parte. The suit was eventually downloading against defendants who were without a license and in the absence of authorization from the manufacturers of the software of software applicants placed on your hard drivecomputers, which is sold by them.

In general, if the software is sold, purchaser has a license agreement establishing the conditions for the permitted user of the software, which is contained in a floppy. CD / floppy disk over to the buyer and the duration of the license agreement allows the use of the CD's / floppy disks, according to state. In this case, as already mentioned, the defendants were loaded without a license for the software, and they cause financial loss to thePlaintiff.

Justice An insight:

The plaintiff led evidence by way of affidavits of their strong presence in the area of software and the ownership of computer programs, including various operating systems. Evidence by way of the "certificate of registration" in relation to the registration of the mark "Microsoft" on behalf of the plaintiff was also raised. In addition, direct evidence of the guilt of the accused by a LED wasaffidavit of an employee of the plaintiff by the defendant of a computer with pirated software of the plaintiff, who in turn invited purchased certified by the audit report by a technical expert.

- Piracy Report

The plaintiff also filed an affidavit by way of proof of a Chartered Accountant who placed on record and proved to be the period for which the defendants in the economy and the sale price of the computers they sell, on the basis of which a number of assumptivethe total number of computers that were sold by the defendant calculated to determine the estimated loss of business to the plaintiff.

This evidence on record clearly established that the plaintiff was the registered owner of the trademark "Microsoft" and that the copyright in computer software programs in the west of the plaintiff. The evidence also established, hard disk piracy practiced by the defendant.

Decision of the court:

The court had anyProof once again on the adoption and the sale of 100 computers per year and based on the popularity of the software confirms the calculated lost profits to the plaintiff in the amount of INR 19.75 lacs and interest @ 9% from the date of adoption by time of payment together with the other relief prayed for. Remarked in relation to the transfer of accounts, the court, " it may be that the financial loss is based on certain assumptions, but it can not be helped on the groundthe defendant has chosen to remain, ex-parte. It would be pointless, the defendants directly to the accounts for the reason that the accused was carrying on in secret to the business. "

http://www.piracyreport.pannipa.com/2009/10/06/software-piracy-indian-court-orders-for-damages-an-insight/

Software Piracy Indian Court Orders for Damages An Insight

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