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(a) (b) of the Copyright Act, copyright is deemed to be infringed when any person, without license, exercises rights exclusively vested in the copyright owner or sells infringing copies of the work. Under the Copyright Act, computer programs are treated as a special class of work, and even unauthorized use of pirated software amounts to infringement, as use necessarily involves reproduction at the time of installation or execution. The Plaintiff licenses its software products to customers under a standard End-User License Agreement/Software License Agreement displayed on its website. As per the Plaintiff, the license granted is domain-specific and limited in nature, permitting use of the software only on a single domain for the licensee's own business or personal use. The license expressly prohibits copying, modification, resale, sublicensing, distribution, publication of source code, creation of derivative works, or making the software available on public platforms, including code repositories, without the Plaintiff's written consent. As per the License Agreement, the software can be used only on one specific domain, cannot be placed on public servers, and backup copies cannot be shared or made accessible to any unauthorized person.

11. The Plaintiff further alleges that the Defendant has not only copied the software products but has also verbatim copied the Plaintiff's Software License Agreement and Software Customization Policy from the Plaintiff's website and displayed the same as his own. It is the Plaintiff's case that these acts clearly establish dishonest intent and misuse of confidential information and resources obtained during the Defendant's employment with the Plaintiff, in violation of the employment and confidentiality agreements. Upon discovering the alleged infringement, the Plaintiff issued a cease-and-desist notice dated 01.11.2019 to the Defendant, calling upon him to stop all infringing activities and to remove the infringing content. Despite service of the notice, the Defendant allegedly failed to comply and continued to sell the impugned software products. The Plaintiff claims that such continued acts have caused substantial financial loss and irreparable damage to its business and goodwill.

14.Ex.PW-1/14 The printout of the plaintiff's software License Agreement taken from its website.

15.Ex.PW-1/15- The screenshot of the Defendant's Software License Agreement taken from its website.

16.Ex.PW-1/16- The printout taken from the Plaintiff's website of its Software Customization Policy.

17.Ex.PW-1/17- The printout of the screenshots taken from the Defendant's website of its Software Customization guidelines.

18.Ex.PW-1/18-Office copy of the Legal Notice dt. 01.11.2019 and the original postal receipt.

25. It is argued that the Defendant's plea that similarities arise due to use of common open-source platforms is devoid of merit. It is submitted that the Plaintiff does not claim copyright in the open-source platforms themselves but in its independently developed extensions and modules built over such platforms and the Defendant has failed to establish that the impugned portions of the code are part of publicly available open-source repositories.

26. It is further submitted that the Defendant has not only copied the Plaintiff's software modules but has also verbatim reproduced the Plaintiff's Software License Agreement and Software Customization Policy, as demonstrated from Ex. PW- 1/14, Ex. PW-1/15, Ex. PW-1/16 and Ex. PW-1/17. The reproduction of contractual documents cannot be attributed to coincidence or open-source usage and clearly evidences dishonest intention.