Delhi High Court - Orders
Eicore Technologies Pvt. Ltd. & Ors vs Eexpedise Technologies Pvt. Ltd. & Ors on 22 November, 2023
Author: C. Hari Shankar
Bench: C.Hari Shankar
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1146/2018 & I.A. 13265/2018, I.A. 20824/2023
EICORE TECHNOLOGIES PVT. LTD. & ORS. ..... Plaintiffs
Through: Mr. Jayant Mehta, Sr. Adv.
with Mr. J. Sai Deepak, Mr. Debarshi Dutta,
Ms. Manvi Adlakha and Mr. Akshat
Agrawal, Advs.
versus
EEXPEDISE TECHNOLOGIES PVT. LTD. & ORS.
..... Defendants
Through: Mr. Anil Sapra, Sr. Adv. with
Ms. Vrinda Pathak, Mr. George Vithayathil
and Ms. Manjunathan P.S. Advs. for D-1 to
7 and 12 to 19
Mr. Divyakant Lohati, Mr. Kartik Lahoti
and Ms. Vindhya Mehra, Advs. for D-8 and
9
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 22.11.2023
1. Mr. J. Sai Deepak, learned Counsel for the plaintiffs, was heard at length by way of reply to the submissions of Mr. Sapra.
2. Several arguments were advanced by Mr. J. Sai Deepak. However, prima facie, these applications, in my view, may be capable of being decided on the basis of one of the submissions advanced by him, which I have put to Mr. Sapra and to which Mr. Sapra seeks some time to respond.
CS(COMM) 1146/2018 Page 1 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/11/2023 at 02:15:43
3. The submission may be set out thus:
(i) There is no dispute that, in servicing of the software of the plaintiff, in which the plaintiffs hold copyright, the defendant accessed and modified the source code of the said software.
(ii) Section 51 of the Copyright Act, 1957 defines infringement of copyright. By virtue of Section 51(a)(i), if a person, without a license granted by the owner of the copyright in any work, does anything, the exclusive right to do which vests on the owner of the copyright under the Copyright Act, such act would amount to infringement of copyright.
(iii) There is no dispute that the plaintiff is the owner of the copyright in the Healthbuzz software.
(iv) There is no dispute that the source code is part of the software.
(v) There is, therefore, no dispute that the plaintiff is the owner of the copyright in the source code of the Healthbuzz software.
(vi) There is no dispute that the defendant is not the holder of any licence granted by the plaintiff for any purpose whatsoever.
(vii) If, therefore, the defendant does anything with the source code of the Healthbuzz software, the exclusive right to do which CS(COMM) 1146/2018 Page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/11/2023 at 02:15:43 vests in the plaintiff as the owner of the copyright in the said source code, that act would amount to infringement of copyright under Section 51.
(viii) The scope of the exclusive right, that vests in the plaintiff as the owner of copyright, is to be assessed on the basis of Section 14 of the Copyright Act.
(ix) Section 14(b)(i) vests, in the owner of the copyright in a computer programme, the exclusive right to do any of the acts specified in Section 14(a).
(x) Among these acts, is the right to make any adaptation of the computer programme, which would include any adaption of the source code, in Section 14(a)(vi).
(xi) "Adaptation" is defined in Section 2(a)(v) as meaning "in relation to any work, any use of such work involving its re- arrangement or alteration".
(xii) The use of the expression "in relation to any work"
employs that it would also cover computer programmes.
(xiii) Alteration of the source code of any computer programme, therefore, amounts to adaptation of the computer programme within the meaning of Section 14(a)(vi).
(xiv) Inasmuch as the defendant has no licence from the plaintiff, ergo, by modifying the source code of the plaintiff's CS(COMM) 1146/2018 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/11/2023 at 02:15:43 Healthbuzz software, the defendant has infringed the plaintiff's copyright in the source code within the meaning of Section 51(a)(i).
4. Mr. Sapra seeks some time to respond to this submission.
5. Re-notify on 12 December 2023 as part-heard at the end of the Board.
C. HARI SHANKAR, J.
NOVEMBER 22, 2023 dsn Click here to check corrigendum, if any CS(COMM) 1146/2018 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/11/2023 at 02:15:43