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reproducing a number of the plaintiff's programme on a single CD-ROM, known as a "compilation" CD.

3. Another form of piracy that is assuming great significance in the information age is that of Internet piracy. Internet piracy occurs when software is downloaded from the Internet or distributed via the Internet without the permission of the copyright owner. Common Internet sites used for this infringing activity include online classified advertisements, Auction Houses, newsgroups, personal web sites and Bulletin Board Service (BBS) sites.

11. He has assessed the loss suffered by the plaintiff in the sum of Rs. 1,28,23,200/- and on the basis thereof is contained in para 8 and 9 of the affidavit which are quoted verbatim:
8. I state that in order to arrive at the approximate sales by the Defendants of the computers loaded with the abovementioned pirated software of the Plaintiff, the following conservative and fair assumptions and estimates have been made:
(a) That the Plaintiff caught the Defendants violating their copyrights by indulging in blatant piracy of their software was in the year 2002. The court has granted the injunction against the Defendants on 3rd March 2003, which was confirmed on 24th March 2004. The Defendants repeated and continuous infringing activities were again confirmed in April 2005. Keeping the Defendant's conduct in view, it will be fair and justified to conservatively assume that the Defendants were indulging in piracy of Plaintiff's software programs on a continuous basis for the last 5 years i.e. since 2000 (the year of their inception).

The aforesaid acts are also termed as the 'secondary acts of infringement'.

15. The plaintiff also enjoys the ownership in the trade mark 'Microsoft' which is a registered trade mark. Therefore, defendants have no right to use this trade mark and trade name that too in respect of same goods. It is not only infringement of the plaintiff's trade mark but a clear case of counterfeit or piracy. Due to fast expanding consumer base of computer products, it is a common knowledge that there is voluminous counterfeit and piracy of hardware and software of leading companies. Since the plaintiff is the world leader in this field, it tends to be the main target of such counterfeiting and piracy. Thus, several parties are engaged in the production and sale wide range of pirated programmes and software of the plaintiff.