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Showing contexts for: Software Source code in Pine Labs Pvt. Ltd. vs Gemalto Terminals India Pvt. Ltd. & Ors. on 3 August, 2011Matching Fragments
7. The prospect of distribution of the source code of the software developed by it to the third party was sufficient to raise an alarming bell in the ears of the Pine Labs and immediately it claimed ownership of the software developed for IOCL Card Fleet Program. The genesis of this claim was founded upon the reason that due to operation of section 19 (5) and (6) of the Copyright Act the assignment of copyright in respect of Original Version 1.03 was only for 5 years and that too within the territorial limits of India as the terms regarding time period and territorial limit of the assignment were nowhere provided in any of the agreements, which deal with the subject matter in question, entered into between the parties. These provisions of the copyright statute are as under:
As far as later versions are concerned, as per the Pine Labs, they are mere primarily adaptations of Original Version 1.03 wherein either a few new features were added or performance aspects of the original version were improved and this was achieved by way of creating additional software code and incorporating the same into the source code of the original version. The assignment in respect of the later versions was strictly restricted to the newly created additional source code and it cannot be construed as re-assignment of copyright in the original version 1.03.
42. The question, which arises here, is that what is the subject matter of the convenience which we are referring to? Is it the business being carried on by the defendant regarding IOCL Fleet Card Program by way of using different versions of the software developed by the plaintiff? Or; it is the future venture of HPCL Fleet Card Program for which the software is being developed by a third party on the basis of source codes of the software developed by the plaintiff for IOCL Fleet Card Program. As for as the IOCL Fleet Card Program is concerned, it would be pertinent to note that order dated 09/10/09 has been passed in IA No. 13030/09 regarding continuation of IOCL card system on the concession of Pine Labs itself. Therefore, no question of hardship to the defendant would arise regarding IOCL Fleet Card Program.