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Showing contexts for: pirated software in Microsoft Corporation & Ors. vs Mr. Manish Poddar & Anr. on 18 May, 2017Matching Fragments
5. On 29.05.2009, an ex-parte interim injunction had been granted in favour of the plaintiffs and against the defendants restraining them from using pirated/unlicensed software titles of plaintiffs companies and infringing the copyright of the plaintiffs in any manner. The defendants were also restrained from directly or indirectly reproducing and storing them on any storage media in any manner so as to infringe the plaintiffs copyright.
6. A local commissioner was appointed to visit the premises of the defendants without giving pior notice to defendants and to prepare inventories of all unlicensed/ pirated software of plaintiffs in the computer system/hard disk or in the Compact Discs/ DVD‟s or any other storage media of the defendants at their premises and seize only such storage medias, in the Central Processing Unit or outside the Central Processing Unit, having unlicensed/pirated software of the plaintiffs.
10. In the course of proceedings of the suit, on 29.05.2009 an ex-parte interim injunction was granted in favour of the plaintiff and against the defendants restraining them from using pirated/unlicensed software titles of plaintiffs companies and infringing the copyright of the plaintiffs in any manner. The defendants were also restrained from directly or indirectly reproducing and storing them on any storage media in any manner so as to infringe the plaintiffs copyright. Ex-parte injunction dated 29.05.2009 was made absolute on 09.12.2010.
Ex-parte evidence by way of affidavit of PW3/A (Anil Nayer) has been filed.
12. The plaintiff has established and proved his case. In view of the testimony of the witness of the plaintiffs i.e. PW-1, PW-2, PW-3 as also documentary evidence adduced and proved in the court, the plaintiffs are entitled to a decree of permanent injunction. It is clear that the defendant‟s are using pirated/unlicensed software titles of plaintiffs companies and infringing the copyright of the plaintiffs. This adoption of the copyright of the plaintiff is fraudulent and has caused loss and damage to its name, business goodwill and reputation.
13. Accordingly, the suit of the plaintiffs is decreed and by way of permanent injunction, the Defendants, their principal officers, directors, agents, franchisees, servants and all other acting for and on their behalf, from directly or indirectly reproducing/storing/installing and/or using pirated/unlicensed softwares of the plaintiffs Companies thereby infringing Copyright in the plaintiffs‟ computer programs/software titles. Prayers No. „b‟, „c‟ and „d‟ had been deleted vide order dated 11.01.2017.