Software Piracy - India Court Order of Damages
Microsoft and Yogesh Papat & Anr. The Delhi High Court 's recent decision when referring to "software copyright infringement" has reestablished the Indian judicial decision to take up Indian intellectual property rights. Until recently, IP theft, which was regarded as a trifling white-collar crime caused by its economic environment, appears to have emerged from the dark shadow of a typical criminal offense that infringed Indian judicial and enforcement thinking It is a notice that the criminal case that seemed to be thought is far more serious and abnormal compared to IP counterpart, some people may continue to join).
In this case, it relates to infringement of copyright in software, especially interpretation of Chapter 2. A requestor of Microsoft Corporation, the registered owner of the MICROSOFT trademark filed a lawsuit against the appellant, its directors and agents to prevent a lawsuit, and the copyright of the computer program and related manual and its registered trademark The trademark, or any thereof, from the sale and distribution of counterfeit / unlicensed versions of infringing software programs, provision of sales, distribution, issuance to the public, and binding of defenders plaintiffs filing suit, The variant is applied and I pray even more for the refund and display of the account of profits.
The defender selected not to appear after receiving a preliminary notice and proceeded to the previous part. This lawsuit was ultimately sentenced to the advocate downloading plaintiffs, unless licensed by the manufacturer of the software without a license. Software on the hard disk of the computer sold by them.
Generally, when software is sold, the purchaser has a license agreement that sets the conditions of users of software included in the floppy. The CD / floppy is handed to the purchaser, and the term of the license agreement permits use of CD / floppy for each condition. In the current case, as mentioned above, the defender loaded the software without a license, thus bringing financial loss to stainiff.
Trial Procedure - Insight:
Plaintiffs led to strong evidence in the field of software and evidence from affidavits establishing ownership of computer programs including various operating systems. It was also placed in the name of stain in connection with the registration of the certificate trademark & amp; Microsoft & # 39; In addition, the direct evidence to prove the criminality of the defense was led by the affidavit of the plaintiff's employee who purchased the computer from the loaded defender of the infringed software. engineer.
Plaintiffs also submitted affidavits as evidence of certified public accountants. This welcomed the record and provided the period during which the advocate was operating and the selling price of the computer they sold. The total number of computers sold by the defendant was calculated and the estimated loss of the business to stainiff was determined.
These evidences were established without any doubt that the plaintiff was the registered owner of the trademark "MICROSOFT". The copyright of the computer software program was found to belong to the plaintiff. Evidence also established a piracy of the hard disk executed by the defender.
Court ruling:
The court considers each evidence in turn and assumes the sale of 100 computers each year and the popularity of the software is based on the loss of calculated interest on stainiff in the sum of INR 19.75 rack and interest, 9% pray for a day of payment along with other relief supplies. Regarding the preparation of the account book, the court stated, "Although it may be true that financial losses are based on certain assumptions, the defenders will not be helped for reasons why defenders chose to remain before, the defenders kept secret For reasons why I continued business, I want the defender to lend me an account. "
The Court of Justice, Microsoft Corporation v. Electroide Ltd. and Anr. (1997) In the case of FSR 580, Hon & Chele Court, which states observations by Justice Laddy of the Court of Justice, said, "This is a general threat to infringe software copyright." In the words of Justice Predeep Nandrajog who presided over the case,
"It is now proven that defenders infringe copyright by making an illegal copy of operating system software by copying openly available operating systems."
Conclusion text:
You can wait seeing how this judgment shapes the copyright law of this country. From the above, it is clear that this law opened the way to establish an effective copyright enforcement regime, which in turn will be a deterrent to all people who indulge in this copyright infringement . Overall Phenomenon - Software piracy & # 39;
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