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Showing contexts for: cloud computing in Eicore Technologies Pvt. Ltd. & Ors vs Eexpedise Technologies Pvt. Ltd. & Ors on 4 September, 2023Matching Fragments
19. Courts have taken the help and assistance of an expert opinion for a comparison of the source codes. In Campus Eai India Pvt. Ltd. v. Neeraj Tiwari & Others, CS(OS) 482/2016, one of the issues the Court was in seisin was infringement of copyright of the source code of Plaintiff's software, while deciding an application for interim injunction. Allegations were levelled by the Plaintiff that Defendant No. 1 at the time of institution of the suit was an employee of the Plaintiff, while Defendants No. 2 to 4 were ex-employees and had stolen the Plaintiff's copyright, trade secret, technical proprietary, confidential information and intellectual property in respect of 'QuickLaunch SSO', a cloud based self-service software from Plaintiff's computers, as well as data bases and development and repositories sites. In order to decide if there was any similarity in the two softwares and/or infringement of copyright, the Court directed all the concerned parties to submit their respective source codes in a sealed envelope to an independent expert i.e. Director, IIT Delhi for evaluation, before coming to any conclusion albeit prima facie on the infringement of a source code. It would also be useful to rely on a judgment of the Division Bench of the Gujarat High Court in Sarine Technologies Ltd. v. Diyora and Bhanderi Corporation & 13, 2017 SCC OnLine Guj 2200, where the challenge before the Division Bench was to an order passed by the learned Judge, Commercial Court refusing to grant injunction, observing that Plaintiff had miserably This is a digitally signed order.