2011 (11) TMI 800 - HC - Companies Law

Summary

Issues involved: Copyright infringement, unauthorized software loading, damages, rendition of accounts.

Copyright Infringement: The plaintiff, a software corporation, filed a suit seeking injunction against copyright infringement of its software products, including Microsoft Windows and Office. The plaintiff claimed ownership of the copyright in these works as per the US Copyright Law and provisions of the Copyright Act, 1957. The plaintiff highlighted that unauthorized reproduction, distribution, or sale of their software constitutes infringement under Section 51 of the Copyright Act, 1957.

Unauthorized Software Loading: The defendants were accused of unauthorized hard disk loading of the plaintiff's software onto computers they sold, without proper authorization or licenses. The plaintiff conducted investigations and provided evidence showing the presence of unlicensed software on computers sold by the defendants. Despite a legal notice and settlement meeting, the defendants did not comply, leading to the filing of the suit.

Damages and Rendition of Accounts: The plaintiff sought damages and rendition of accounts due to the copyright infringement. The court, after considering the evidence and lack of rebuttal, decreed in favor of the plaintiff for a permanent injunction. Additionally, punitive damages of Rs. 2 lakh were awarded to the plaintiff, along with the cost of the suit. The court found the plaintiff entitled to these remedies based on the evidence presented and the lack of cross-examination of the plaintiff's witnesses.

Conclusion: The court decreed in favor of the plaintiff for a permanent injunction against copyright infringement, awarded punitive damages, and granted costs of the suit. The defendants were found liable for unauthorized software loading and were ordered to cease infringing activities.