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Showing contexts for: software copyright in The Foundry Visionmongers Limited vs Sri Sarathi Studios Private Limited & ... on 27 April, 2023Matching Fragments
18. Mr. Anand submits that the Software were developed by Plaintiff's employees during the course of their employment, and thus, Plaintiff is the owner of copyrights vested therein. The Software provide day-to-day workflow and ensure highest visual effects, and are used by major studios, production facilities, independent boutique companies etc. To curb piracy and unauthorised use, customers are required to enter into an End-User License Agreement ["EULA"] prior to installation on their computer devices. Customers then receive a license-key on their registered e-mail addresses, and the Software are installed upon successful verification. Additionally, Plaintiff has devised a "phone home" technology/ mechanism, which is built into the Software and verifies whether the same is being used in accordance with the terms of EULA by recording certain information such as Media Access Control ["MAC"] address, number of times a pirated/ unauthorised copy of the Software is used (i.e., infringement hits), IP address etc.
22. Accordingly, till the next date of hearing, the Defendants and their directors, employees, officers, servants, agents and all others, acting for and on their behalf are restrained from directly or indirectly using or reproducing and distributing any pirated/ unlicensed/ unauthorized copies of the Software in respect of any kind of computer related activities, which amounts to infringement of Plaintiff's copyright in the Software or contravention of the terms of EULA or causes or enables or assists others to infringe the copyright of the Plaintiff in the Software and their various versions developed by the Plaintiff.