9911796707
TMI Blog2013 (2) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... as developed and marketed by the plaintiffs are a ‘computer programme’ within the meaning of Section 2 (ffc) of the Copyright Act, 1957 and also included in the definition of a literary work as per Section 2(o) of the Copyright Act, 1957. The plaintiffs’ work are also protected in India under Section 40 of the Copyright Act, 1957 read with the International Copyright Order, 1999 as the rights of authors of member countries of the Berne and Universal Copyright Conventions are protected under Indian copyright law. India and the USA are signatories to both the Universal Copyright Convention as well as the Berne Convention. Consequently, this Court is of the view that plaintiffs are entitled to a decree of permanent injunction. Plaintiffs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ards Rendition of Accounts of profits illegally earned by the Defendants by reason of infringement of the Plaintiff No.1‟s Copyright as aforesaid; IV. A Decree of damages be passed in favour of the Plaintiffs and against the Defendants as determined by the Hon‟ble Court having regard to the extent of use of the Plaintiff‟s software, pursuant to the present proceedings; V. A Decree of costs in the present proceedings be passed in favour of the Plaintiff Companies and against the Defendants; and Any other and further orders, as this Hon‟ble Court deems fit, proper and just in the facts and circumstances of the present case, may be passed in favour of the Plaintiff Companies and against the Defendants. 2. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e following licenses:- a. 20 licenses of Windows Upgrade. b. 20 Client Access License (CAL) 5. For the aforesaid purpose, an independent investigator, Mr. Jatin Batra was engaged. The investigator on 7th August, 2009 through telephonic conversation gathered information regarding the plaintiffs software usage at the defendants premises as a marketing executive of Anti-virus software solution. During the course of the conversation, the investigator was informed that there were about 180 computer systems housed by the defendants at their three main offices all located in Kolkata. Mr. Batra was further informed that most of the computer systems housed by the company have installed on them plaintiffs software programmes, which includes, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Subsequently, plaintiffs led their evidence by filing an affidavit of Mr. Vishal Ahuja, the constituted Attorney of the plaintiffs. Plaintiffs in their ex parte evidence examined Mr. Vishal Ahuja, who filed his evidence by way of affidavit as Ex.PW1/A and proved the notarized copy of the Power of Attorney in his favour by the plaintiffs as well as Court s certified copies of the original copyright certificate for the software programmes such as Microsoft Windows XP Professional and Microsoft Office Professional Edition 2003. The detail of the unlicensed software installations found in all the three locations during the execution proceedings as mentioned in the evidence of Mr. Vishal Ahuja is reproduced hereinbelow:- Sr. No. Name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ight Conventions are protected under Indian Copyright law. India and the USA are signatories to both the Universal Copyright Convention as well as the Berne Convention. 13. Consequently, this Court is of the view that plaintiffs are entitled to a decree of permanent injunction. 14. As far as relief of damages and rendition of accounts is concerned, this Court is of the view that as no evidence on the turnover of the defendants has been led, it is impossible to arrive at a precise figure. However, this Court in Microsoft Corporation Vs. Akram Khan Anr., CS (OS) 117/2003 decided on 31st August, 2006 has held Software piracy is a menace and needs to be put down with a heavy hand. I award compensatory damages in sum of rupees of Rs. 5, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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