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62.Even in the plaint filed by the fifth respondent in the Madras High Court in C.S.No.270 of 2009, it is not as if the fifth respondent has not stated anything about the offence stated to have been committed by the petitioners. The fifth respondent in the plaint has specifically stated as follows:

"Thereby, providing third party access to KEN_HFS software or involving in altering/tampering of source code amounts to copyright infringement and breach of confidentiality. The plaintiff came to know subsequently that defendant had sought to prima-facie infringe the copyright vesting in KEN_HFS version 8 on Oracle 9i. The complete access of KEN_HFS was given to the 2nd defendant by 1st defendant on servers which were in fact controlled by the 2nd defendant. Upon becoming aware of such infringement and tampering of source code by the first defendant in collusion with the 2nd defendant, the plaintiff bona fide sought expert opinion from one of the foremost technical institutions in the country, the reputed Indian Institute of Technology, IIT Bombay. The expert report from the Computer Science and Engineering Dept IIT Bombay, confirmed the outright infringement by the 1st defendant by tampering with KEN_HFS source code, insertion of external source code, alterations tampering of schema and copying and reverse engineering of KEN_HFS. Such infringement was obvious from the conspicuous similarity between source code items column names, objects etc occurring in the plaintiff's proprietary source code amounting to several thousand instances of copying".
32.The defendants reverse engineered the plaintiff's software KEN-HFS and hacked the source code of the same. The defendants has altered/modified/inserted various external source codes into the plaintiff's original software and are involved in manufacture of tampered software by reverse engineering of plaintiff software thereby violating the terms and conditions on the agreement. The defendants developed a tampered software by lifting substantial portion of source code from plaintiff's original software and exploited it commercially. The plaintiff states that this unauthorised commercial exploitation of source code would amount to the copyright violation. The adaptation and modification of the source code as well as KEN_HFS software, ORACLE AFSU software by the plaintiff amounts to infringement of copyright, the exclusive rights vested in the plaintiff in the software developed and maintained by them".