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  OPERATING                            SYSTEM
Microsoft Windows 98
Registered to              :       Mr. S.P. Rao
Product ID No.             :       50578-335-0625134-01488
SOFTWARE
Microsoft Office 97
Licensed to                :      Unknown version
Uninstalled version
Product ID No.             :      53491-020-1120102-32265

9. The technical expert has opined that the plaintiff's programmes contained in the hard disk of the computer are unlicensed and/or pirated versions of the plaintiff's software. It is also stated that the registration details and product ID numbers available appeared to pertain to pirated software. Copies of the affidavits of the independent investigator and the technical expert have been exhibited as Ex. P10 and Ex. P11 respectively.

Page 2383

10. On a comparison of the software being sold by the defendants, and software originating from the plaintiff, it was found that the software supplied by the defendants were pirated versions of original plaintiff's computer programmes. The following were the distinguishing features found:

The software supplied by the defendants does not have the accompanying User's Manual and was not shrink wrapped;
The software supplied by the defendants does not have Software license Agreement as in the case of the Plaintiff's software;
(a) Actual Damages- Plaintiff has suffered a heavy loss of revenue due to the defendants' unauthorised loading of plaintiff's pirated versions of software free of cost, onto the computers of its consumers. By award of actual damages, the plaintiff seeks to be put in the same position as if defendants had caused no loss to the plaintiff.

Page 2384

(b) Damages to Goodwill and Reputation- Plaintiff Company and its software are indisputably the market leader in the global software products market and thus, enjoy enormous world-wide reputation and goodwill. Defendants by unauthorisedly loading free software of the plaintiff from pirated CDs, have undermined plaintiff's reputation and goodwill in the market. The infringing acts of the defendants have not only weakened the market position of the plaintiff but also caused bad image before its existing and potential customers.