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9. Till the next date of hearing, the defendants are restrained from infringing the plaintiffs copyright in the software in mobile games and computer programmes including its source code."

2. Thereafter, the defendants No.2 & 3 filed an application under Order XXXIX Rule 4 CPC, being I.A. No.6537/2014, for vacation of the interim order. The case of the defendants on merits is that the subject source code is available in an open source platform on the link http://code.google.com/p/bloglinesgo/source/browse/trunk/src/Configuration .java. A mere comparison of the source code available on this link reveals that both the plaintiffs' source code and the source code of the defendants are derived therefrom. The source code was uploaded on the open source platform on 7th March, 2007, on a date much prior to the plaintiffs' entry into the mobile gaming market.

(i) The defendants are restrained from infringing the copyright of the plaintiffs. However, the defendants are entitled to use the software which is an open source code available on the open source platform on the link, as admitted by the plaintiffs. In case the additions made by the plaintiffs in which the plaintiffs are claiming copyright are used with the open source, then under those circumstances (if the plaintiffs are able to prove the ownership of the said additions), the defendants are not entitled to infringe the same. In case the defendants would be able to prove before Court that the said additions are available prior to the plaintiffs' entry into the mobile gaming market and the plaintiffs are not the owners of the copyright in the said additions, then the defendants may be entitled to use the same. The said aspect would be considered when the plaintiffs' application under Order XXXIX Rules 1 & 2 CPC being I.A. No.5926/2014 would be considered by the Court on merits. Both parties are granted four weeks' time to produce the evidence in this regard.