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Showing contexts for: software piracy in Microsoft Corporation vs Mr. Kiran And Anr. on 7 September, 2007Matching Fragments
reproducing or "burning" the plaintiff's software onto a blank CD, where no attempt is made to represent that the copy is genuine.
reproducing a number of the plaintiff's programme on a single CD-ROM, known as a "compilation" CD.
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6. It is stated that there is 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.
21. The computer industry is a high investment industry not only in terms of money but also in terms of the valuable time, skill and effort which goes into the development of new and advanced computer programs and software, therefore, it becomes imperative that the illegal trade activities of traders like the defendants are restrained and the dangerous growth of the computer software piracy be stemmed. And since the plaintiff is the world leader in this field, it tends to be the main target of such counterfeiting and piracy.
11. Software piracy is a menace and needs to be put down with a heavy hand. I award compensatory damages in sum of rupees of Rs. 5, 00,000/- (Rupees Five Lacs Only) in favor of the plaintiff and against the defendants. Defendnats shall be jointly and severally liable.
12. Plaintiff would be entitled to costs.
39. I am, thus, of the considered view that in the present case the defendants have willfully, intentionally and flagrantly violated the copyrights and trade mark of the plaintiff. The defendants' have disregarded the plaintiff's rights and have caused "deliberate and calculated" infringement of copyrights and trademark of the plaintiff. Thus, I am inclined to grant damages to the plaintiff. In the suit damages claimed are Rs. 5 lacs, though the total damages would work out to be much more. Therefore, I have no option but to limit the claim of the plaintiff to Rs. 5 lacs.